Representative Calvert
A BILL
To amend sections
9.01, 9.83, 101.82, 102.02, 109.57, 109.572, 109.71, 117.45, 119.035, 121.04,
121.084, 122.011, 122.04, 122.08, 122.17, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 125.05, 125.15, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 126.11, 127.16, 131.23, 131.35, 147.01, 147.37, 149.011, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 163.06, 164.27, 165.09, 173.14,
173.20, 173.21, 173.26, 173.55, 173.57, 175.03, 175.21, 175.22, 183.02,
183.28, 307.202, 307.86, 307.98, 307.981, 307.987, 311.17, 317.32, 319.302, 321.24, 323.01, 323.13, 323.152,
329.03, 329.04, 329.05, 329.051, 329.06, 340.03, 505.69, 715.013, 717.01,
718.01, 718.02, 718.03, 718.05, 901.17, 901.21, 902.11, 921.151, 927.69, 1309.109, 1321.21,
1333.99, 1501.04, 1502.02, 1503.011, 1503.05, 1503.99, 1509.06, 1509.08, 1513.02, 1513.07, 1513.13, 1513.131, 1513.14, 1513.16, 1514.021, 1514.071,
1514.09, 1514.10, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101, 1533.11, 1533.111,
1533.112, 1533.12, 1533.13, 1533.151, 1533.19, 1533.23, 1533.301, 1533.32, 1533.35, 1533.40, 1533.54, 1533.631, 1533.632, 1533.71,
1533.82, 1561.31, 1561.35, 1561.351, 1561.51, 1563.13, 1563.42, 1702.59, 2101.16,
2117.06, 2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84, 2305.234, 2329.66,
2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2915.01, 2921.13, 2925.44, 2933.43, 2935.01, 2949.091, 3111.04, 3111.72,
3119.01, 3123.952, 3125.12, 3125.25, 3301.33, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.80, 3301.801, 3313.979, 3314.074, 3316.08, 3317.012, 3317.013,
3317.022, 3317.023, 3317.024, 3317.029, 3317.0213, 3317.0217, 3317.03,
3317.032, 3317.05, 3317.06, 3317.064, 3317.07, 3317.10, 3317.11, 3317.16, 3317.50,
3317.51, 3319.22, 3319.235, 3323.16, 3332.04, 3333.12, 3383.01, 3383.07, 3501.18, 3501.30, 3505.08, 3517.092, 3701.021, 3701.022, 3701.141, 3701.145,
3702.31, 3702.68, 3702.74, 3705.23, 3705.24, 3709.09, 3710.05, 3711.021, 3721.02,
3721.19, 3721.56, 3722.15, 3722.16, 3727.17, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12,
3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46, 3734.57, 3735.67, 3735.671, 3737.81,
3745.04, 3745.11, 3745.14, 3745.40, 3746.13, 3747.16,
3748.07, 3748.13, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43, 3781.19, 4104.01,
4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20,
4104.41, 4104.44, 4104.45, 4104.46, 4105.17, 4112.15, 4115.03, 4117.02, 4117.10,
4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.12, 4301.30, 4301.42, 4301.43, 4303.02, 4303.021,
4303.03, 4303.04, 4303.05, 4303.06, 4303.07, 4303.08, 4303.09, 4303.10, 4303.11,
4303.12, 4303.121, 4303.13, 4303.14, 4303.141, 4303.15, 4303.151, 4303.16, 4303.17,
4303.171, 4303.18, 4303.181, 4303.182, 4303.183, 4303.184, 4303.19, 4303.20,
4303.201, 4303.202, 4303.203, 4303.204, 4303.21, 4303.22, 4303.23, 4303.231,
4305.01, 4503.06, 4505.06, 4509.60, 4511.75, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.06, 4723.08, 4723.082,
4725.44, 4725.45, 4725.48, 4725.50, 4725.51, 4725.52, 4725.57, 4731.65, 4731.71,
4734.15, 4736.12, 4741.17, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,
4751.06, 4751.07, 4759.08, 4771.22, 4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91,
4919.79, 4931.45, 4931.47, 4931.48, 4973.17, 4981.01, 4981.03, 4981.031, 4981.032, 4981.033, 4981.04, 4981.06,
4981.07, 4981.08, 4981.09, 4981.091, 4981.10, 4981.11, 4981.12, 4981.13, 4981.131,
4981.14, 4981.15, 4981.16, 4981.17, 4981.18, 4981.19, 4981.20, 4981.21, 4981.22,
4981.23, 4981.25, 4981.26, 4981.28, 4981.29, 4981.30, 4981.31, 4981.32, 4981.33,
4981.34, 4981.35, 4981.361, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.162, 5101.18, 5101.181,
5101.21, 5101.211, 5101.212, 5101.22, 5101.24, 5101.36, 5101.58, 5101.59, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.65, 5101.67, 5101.68, 5101.69, 5101.70, 5101.75,
5101.80, 5101.83, 5101.97, 5101.99, 5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314,
5103.0315, 5103.0316, 5103.154,
5104.01, 5104.011, 5104.02, 5104.30, 5104.32, 5104.42, 5107.02, 5107.30,
5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06, 5108.07, 5108.09, 5108.10,
5111.019, 5111.0112, 5111.02, 5111.021, 5111.022,
5111.03, 5111.06, 5111.111, 5111.17, 5111.171, 5111.20, 5111.204, 5111.21, 5111.22, 5111.231, 5111.25, 5111.252, 5111.26, 5111.263, 5111.28, 5111.29, 5111.30, 5111.31, 5111.32, 5111.33, 5111.34,
5111.85, 5111.87, 5111.872, 5111.94, 5111.99, 5112.03, 5112.08, 5112.17, 5112.31,
5112.99, 5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07, 5115.10, 5115.11,
5115.13, 5115.15, 5115.20, 5119.61, 5119.611, 5123.01, 5123.051, 5123.19, 5123.61, 5123.801, 5126.042, 5126.12, 5126.31, 5139.36, 5139.87, 5153.16, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5310.15, 5501.03, 5502.13, 5519.01,
5703.054, 5703.19, 5705.19, 5707.03, 5709.01, 5709.20, 5709.21, 5709.22, 5709.25, 5709.26, 5709.27, 5709.62, 5709.63, 5709.632, 5709.64, 5709.67, 5709.84, 5711.02, 5711.13, 5711.22, 5711.27, 5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5715.27, 5715.39, 5717.02, 5717.03, 5719.07, 5725.01, 5725.14, 5725.25, 5725.26, 5727.01, 5727.06, 5727.111, 5727.15, 5727.24, 5727.25, 5727.26, 5727.27, 5727.28, 5727.30, 5727.32, 5727.33, 5727.38, 5727.56, 5728.04, 5728.99, 5733.01, 5733.04, 5733.042, 5733.05, 5733.051, 5733.056, 5733.057, 5733.059, 5733.06, 5733.065, 5733.066, 5733.069, 5733.09, 5733.18, 5733.22, 5733.33, 5733.39, 5733.40, 5733.45, 5733.98, 5735.05, 5735.14, 5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99, 5739.01, 5739.011, 5739.02, 5739.03, 5739.071, 5739.12, 5739.17, 5739.33, 5741.01, 5741.02, 5743.02, 5743.32, 5745.01, 5745.02, 5745.04, 5747.01, 5747.02, 5747.022, 5747.025, 5747.05, 5747.057, 5747.08, 5747.09, 5747.30, 5747.98, 5748.01, 5749.02, 6101.09, 6109.21, 6111.044, 6111.06, 6115.09, 6301.05, and 6301.07; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3301.33 (3301.40), 3701.145 (3701.0210), 4104.46 (4104.48), 4981.01 (5507.01), 4981.03 (5507.03), 4981.031 (5507.031), 4981.032 (5507.032), 4981.033 (5507.033), 4981.04 (5507.04), 4981.05 (5507.05), 4981.06 (5507.06), 4981.07 (5507.07), 4981.08 (5507.08), 4981.09 (5507.09), 4981.091 (5507.091), 4981.10 (5507.10), 4981.11 (5507.11), 4981.12 (5507.12), 4981.13 (5507.13), 4981.131 (5507.131), 4981.14 (5507.14), 4981.15 (5507.15), 4981.16 (5507.16), 4981.17 (5507.17), 4981.18 (5507.18), 4981.19 (5507.19), 4981.20 (5507.20), 4981.21 (5507.21), 4981.22 (5507.22), 4981.23 (5507.23), 4981.25 (5507.25), 4981.26 (5507.26), 4981.28 (5507.28), 4981.29 (5507.29), 4981.30 (5507.30), 4981.31 (5507.31), 4981.32 (5507.32), 4981.33 (5507.33), 4981.34 (5507.34), 4981.35 (5507.35), 4981.36 (5507.36), 4981.361 (5507.361), 5101.211 (5101.212),
5101.212 (5101.213), 5108.06 (5108.04), 5108.07 (5108.05), 5111.08 (5111.071), 5111.16 (5111.08), 5111.25 (5111.27), 5111.252 (5123.199), 5111.26 (5111.23), 5111.263 (5111.30), 5111.29 (5111.31), 5111.30 (5111.224), 5111.31 (5111.222), 5111.32 (5111.223), 5111.33 (5111.29), 5115.02 (5115.04), 5115.04 (5115.02), 5115.07 (5115.06), 5115.13 (5115.07), and 5115.15 (5115.23); to enact new sections 718.11, 718.12, 3301.33, 4104.42, 4104.43, 4104.46, 5108.06, 5108.07, 5111.16, 5111.173, 5111.221, 5111.24, 5111.241, 5111.25, 5111.251, 5111.252, 5111.255, 5111.257, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264, 5111.32, and 5733.052, and sections 122.90, 123.152, 123.153,
173.08, 305.28, 317.36, 319.63, 718.021, 718.031, 718.051, 718.111, 718.112, 927.701, 1503.50, 1503.51, 1503.52, 1503.53,
1503.54, 1503.55, 1503.56, 1503.57, 1503.58, 2113.041, 2117.061, 3123.97, 3301.31,
3301.34, 3301.35, 3301.36, 3301.37, 3314.083, 3701.029, 3702.63, 3721.561,
4104.47, 4115.17, 4115.18, 4115.19, 4115.20, 4707.24, 5101.1410, 5101.211, 5101.214, 5101.241, 5101.242, 5101.243, 5101.601, 5103.155,
5108.11, 5108.12, 5111.0113, 5111.025, 5111.172,
5111.174, 5111.175, 5111.176, 5111.177, 5111.206, 5111.211,
5111.253, 5111.254, 5111.256, 5111.265, 5111.266, 5111.267, 5111.268, 5111.269, 5111.2610, 5111.88, 5111.881, 5111.882, 5111.911, 5111.912, 5111.913, 5111.95,
5111.96, 5111.97, 5111.98, 5111.981, 5111.982, 5115.12, 5115.13, 5115.14, 5115.22, 5123.196, 5123.197, 5123.198, 5123.38,
5123.851, 5703.491, 5703.56, 5703.58, 5703.80, 5709.201, 5709.211, 5709.212, 5709.23, 5709.24, 5717.011, 5733.044, 5733.55, 5733.56, 5733.57, 5735.053, 5741.25, 5745.042, and 5745.044;
and to repeal sections 122.12, 125.931, 125.932, 125.933, 125.934, 125.935, 131.38, 179.01, 179.02, 179.03, 179.04, 319.311, 718.11, 718.12, 1333.96, 1513.05, 1513.10, 1533.06, 1533.39, 1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, 1553.08, 1553.09, 1553.10, 1553.99, 3301.31, 3301.581, 3302.041, 3701.142, 3701.144, 4104.42, 4104.43, 4141.044, 4141.045, 5101.213, 5101.251, 5101.71, 5101.72, 5108.05, 5111.017, 5111.173, 5111.221, 5111.23, 5111.231, 5111.24, 5111.241, 5111.251, 5111.255, 5111.257, 5111.261, 5111.262, 5111.264, 5111.27, 5111.291, 5111.34, 5115.011, 5115.012, 5115.06, 5115.061, 5502.49, 5709.231, 5709.30, 5709.31, 5709.32, 5709.33, 5709.34, 5709.35, 5709.36, 5709.37, 5709.45, 5709.46, 5709.47, 5709.48, 5709.49, 5709.50, 5709.51, 5709.52, 5709.64, 5709.65, 5709.66, 5727.39, 5727.44, 5733.052, 5733.055, 5733.061, 5733.064, 5733.068, 5733.111, 5733.32, 5733.36, 5733.38, 5733.43, 5733.44, 5735.33, 5739.012, 5739.35, 5741.011, 5741.24, 5743.45, 5743.46, 5747.051, 5747.131, 5747.28, 5747.34, 5747.36, 5747.38, 5747.60, 6111.31, 6111.311, 6111.32, 6111.34, 6111.35, 6111.36, 6111.37, 6111.38, and 6111.39 of the Revised Code; to amend Section 14 of Am. Sub. S.B. 242 of the 124th General Assembly; to amend Section 3 of Am. Sub. H.B. 215 of the 122nd General Assembly, as subsequently amended; to amend Section 3 of Am. Sub. H.B. 621 of the 122nd General Assembly, as subsequently amended; to amend Section 153 of Am. Sub. H.B. 117 of the 121st General Assembly, as subsequently amended; to amend Section 27 of Sub H.B. 670 of the 121st General Assembly, as subsequently amended; to amend Section 5 of Am. Sub. S.B. 50 of the 121st General Assembly, as subsequently amended; to repeal section 63.37 of Am. Sub. H.B. 94 of the 124th General Assembly, as subsequently amended; to repeal Section 129 of Am. Sub. H.B. 283 of the 123rd General Assembly, as subsequently amended; to repeal Section 3 of S.B. 238 of the 123rd General Assembly; and to repeal Section 11 of Am. Sub. S.B. 50 of the 121st General Assembly, as subsequently amended; to levy taxes and provide for implementation of those levies, to make operating appropriations for the biennium beginning July 1, 2003, and ending June 30, 2005, and to provide authorization and conditions for the operation of state programs; to amend the version of section 921.22 of the Revised Code that is scheduled to take effect July 1, 2004, to continue the provisions of this act on and after that effective date; to amend the version of section 3332.04 of the Revised Code that is scheduled to take effect July 1, 2003; to amend the version of section 4511.75 of the Revised Code that is scheduled to take effect January 1, 2004; to amend the versions of sections 5739.03, 5739.12, and 5741.02 of the Revised Code that are scheduled to take effect July 1, 2003, to continue certain provisions of this act on and after that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.01, 9.83, 101.82, 102.02, 109.57, 109.572, 109.71, 117.45, 119.035, 121.04,
121.084, 122.011, 122.04, 122.08, 122.17, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 125.05, 125.15, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 126.11, 127.16, 131.23, 131.35, 147.01, 147.37, 149.011, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 163.06, 164.27, 165.09, 173.14,
173.20, 173.21, 173.26, 173.55, 173.57, 175.03, 175.21, 175.22, 183.02,
183.28, 307.202, 307.86, 307.98, 307.981, 307.987, 311.17, 317.32, 319.302, 321.24, 323.01, 323.13, 323.152,
329.03, 329.04, 329.05, 329.051, 329.06, 340.03, 505.69, 715.013, 717.01,
718.01, 718.02, 718.03, 718.05, 901.17, 901.21, 902.11, 921.151, 927.69, 1309.109, 1321.21,
1333.99, 1501.04, 1502.02, 1503.011, 1503.05, 1503.99, 1509.06, 1509.08, 1513.02, 1513.07, 1513.13, 1513.131, 1513.14, 1513.16, 1514.021, 1514.071,
1514.09, 1514.10, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101, 1533.11, 1533.111,
1533.112, 1533.12, 1533.13, 1533.151, 1533.19, 1533.23, 1533.301, 1533.32, 1533.35, 1533.40, 1533.54, 1533.631, 1533.632, 1533.71,
1533.82, 1561.31, 1561.35, 1561.351, 1561.51, 1563.13, 1563.42, 1702.59, 2101.16,
2117.06, 2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84, 2305.234, 2329.66,
2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2915.01, 2921.13, 2925.44, 2933.43, 2935.01, 2949.091, 3111.04, 3111.72,
3119.01, 3123.952, 3125.12, 3125.25, 3301.33, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.80, 3301.801, 3313.979, 3314.074, 3316.08, 3317.012, 3317.013,
3317.022, 3317.023, 3317.024, 3317.029, 3317.0213, 3317.0217, 3317.03,
3317.032, 3317.05, 3317.06, 3317.064, 3317.07, 3317.10, 3317.11, 3317.16, 3317.50,
3317.51, 3319.22, 3319.235, 3323.16, 3332.04, 3333.12, 3383.01, 3383.07, 3501.18, 3501.30, 3505.08, 3517.092, 3701.021, 3701.022, 3701.141, 3701.145,
3702.31, 3702.68, 3702.74, 3705.23, 3705.24, 3709.09, 3710.05, 3711.021, 3721.02,
3721.19, 3721.56, 3722.15, 3722.16, 3727.17, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12,
3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46, 3734.57, 3735.67, 3735.671, 3737.81,
3745.04, 3745.11, 3745.14, 3745.40, 3746.13, 3747.16,
3748.07, 3748.13, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43, 3781.19, 4104.01,
4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20,
4104.41, 4104.44, 4104.45, 4104.46, 4105.17, 4112.15, 4115.03, 4117.02, 4117.10,
4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.12, 4301.30, 4301.42, 4301.43, 4303.02, 4303.021,
4303.03, 4303.04, 4303.05, 4303.06, 4303.07, 4303.08, 4303.09, 4303.10, 4303.11,
4303.12, 4303.121, 4303.13, 4303.14, 4303.141, 4303.15, 4303.151, 4303.16, 4303.17,
4303.171, 4303.18, 4303.181, 4303.182, 4303.183, 4303.184, 4303.19, 4303.20,
4303.201, 4303.202, 4303.203, 4303.204, 4303.21, 4303.22, 4303.23, 4303.231,
4305.01, 4503.06, 4505.06, 4509.60, 4511.75, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.06, 4723.08, 4723.082,
4725.44, 4725.45, 4725.48, 4725.50, 4725.51, 4725.52, 4725.57, 4731.65, 4731.71,
4734.15, 4736.12, 4741.17, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,
4751.06, 4751.07, 4759.08, 4771.22, 4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91,
4919.79, 4931.45, 4931.47, 4931.48, 4973.17, 4981.01, 4981.03, 4981.031, 4981.032, 4981.033, 4981.04, 4981.06,
4981.07, 4981.08, 4981.09, 4981.091, 4981.10, 4981.11, 4981.12, 4981.13, 4981.131,
4981.14, 4981.15, 4981.16, 4981.17, 4981.18, 4981.19, 4981.20, 4981.21, 4981.22,
4981.23, 4981.25, 4981.26, 4981.28, 4981.29, 4981.30, 4981.31, 4981.32, 4981.33,
4981.34, 4981.35, 4981.361, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.162, 5101.18, 5101.181,
5101.21, 5101.211, 5101.212, 5101.22, 5101.24, 5101.36, 5101.58, 5101.59, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.65, 5101.67, 5101.68, 5101.69, 5101.70, 5101.75,
5101.80, 5101.83, 5101.97, 5101.99, 5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314,
5103.0315, 5103.0316, 5103.154,
5104.01, 5104.011, 5104.02, 5104.30, 5104.32, 5104.42, 5107.02, 5107.30,
5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06, 5108.07, 5108.09, 5108.10,
5111.019, 5111.0112, 5111.02, 5111.021, 5111.022,
5111.03, 5111.06, 5111.111, 5111.17, 5111.171, 5111.20, 5111.204, 5111.21, 5111.22, 5111.231, 5111.25, 5111.252, 5111.26, 5111.263, 5111.28, 5111.29, 5111.30, 5111.31, 5111.32, 5111.33, 5111.34,
5111.85, 5111.87, 5111.872, 5111.94, 5111.99, 5112.03, 5112.08, 5112.17, 5112.31,
5112.99, 5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07, 5115.10, 5115.11,
5115.13, 5115.15, 5115.20, 5119.61, 5119.611, 5123.01, 5123.051, 5123.19, 5123.61, 5123.801, 5126.042, 5126.12, 5126.31, 5139.36, 5139.87, 5153.16, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5310.15, 5501.03, 5502.13, 5519.01,
5703.054, 5703.19, 5705.19, 5707.03, 5709.01, 5709.20, 5709.21, 5709.22, 5709.25, 5709.26, 5709.27, 5709.62, 5709.63, 5709.632, 5709.64, 5709.67, 5709.84, 5711.02, 5711.13, 5711.22, 5711.27, 5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5715.27, 5715.39, 5717.02, 5717.03, 5719.07, 5725.01, 5725.14, 5725.25, 5725.26, 5727.01, 5727.06, 5727.111, 5727.15, 5727.24, 5727.25, 5727.26, 5727.27, 5727.28, 5727.30, 5727.32, 5727.33, 5727.38, 5727.56, 5728.04, 5728.99, 5733.01, 5733.04, 5733.042, 5733.05, 5733.051, 5733.056, 5733.057, 5733.059, 5733.06, 5733.065, 5733.066, 5733.069, 5733.09, 5733.18, 5733.22, 5733.33, 5733.39, 5733.40, 5733.45, 5733.98, 5735.05, 5735.14, 5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99, 5739.01, 5739.011, 5739.02, 5739.03, 5739.071, 5739.12, 5739.17, 5739.33, 5741.01, 5741.02, 5743.02, 5743.32, 5745.01, 5745.02, 5745.04, 5747.01, 5747.02, 5747.022, 5747.025, 5747.05, 5747.057, 5747.08, 5747.09, 5747.30, 5747.98, 5748.01, 5749.02, 6101.09, 6109.21, 6111.044, 6111.06, 6115.09, 6301.05, and 6301.07 be amended; that sections 3301.33 (3301.40), 3701.145 (3701.0210), 4104.46 (4104.48), 4981.01 (5507.01), 4981.03 (5507.03), 4981.031 (5507.031), 4981.032 (5507.032), 4981.033 (5507.033), 4981.04 (5507.04), 4981.05 (5507.05), 4981.06 (5507.06), 4981.07 (5507.07), 4981.08 (5507.08), 4981.09 (5507.09), 4981.091 (5507.091), 4981.10 (5507.10), 4981.11 (5507.11), 4981.12 (5507.12), 4981.13 (5507.13), 4981.131 (5507.131), 4981.14 (5507.14), 4981.15 (5507.15), 4981.16 (5507.16), 4981.17 (5507.17), 4981.18 (5507.18), 4981.19 (5507.19), 4981.20 (5507.20), 4981.21 (5507.21), 4981.22 (5507.22), 4981.23 (5507.23), 4981.25 (5507.25), 4981.26 (5507.26), 4981.28 (5507.28), 4981.29 (5507.29), 4981.30 (5507.30), 4981.31 (5507.31), 4981.32 (5507.32), 4981.33 (5507.33), 4981.34 (5507.34), 4981.35 (5507.35), 4981.36 (5507.36), 4981.361 (5507.361), 5101.211 (5101.212),
5101.212 (5101.213), 5108.06 (5108.04), 5108.07 (5108.05), 5111.08 (5111.071), 5111.16 (5111.08), 5111.25 (5111.27), 5111.252 (5123.199), 5111.26 (5111.23), 5111.263 (5111.30), 5111.29 (5111.31), 5111.30 (5111.224), 5111.31 (5111.222), 5111.32 (5111.223), 5111.33 (5111.29), 5115.02 (5115.04), 5115.04 (5115.02), 5115.07 (5115.06), 5115.13 (5115.07), and 5115.15 (5115.23) be amended for the purpose of adopting new section numbers as indicated in parentheses; that new sections 718.11, 718.12, 3301.33, 4104.42, 4104.43, 4104.46, 5108.06, 5108.07, 5111.16, 5111.173, 5111.221, 5111.24, 5111.241, 5111.25, 5111.251, 5111.252, 5111.255, 5111.257, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264, 5111.32, and 5733.052, and sections 122.90, 123.152, 123.153,
173.08, 305.28, 317.36, 319.63, 718.021, 718.031, 718.051, 718.111, 718.112, 927.701, 1503.50, 1503.51, 1503.52, 1503.53,
1503.54, 1503.55, 1503.56, 1503.57, 1503.58, 2113.041, 2117.061, 3123.97, 3301.31,
3301.34, 3301.35, 3301.36, 3301.37, 3314.083, 3701.029, 3702.63, 3721.561,
4104.47, 4115.17, 4115.18, 4115.19, 4115.20, 4707.24, 5101.1410, 5101.211, 5101.214, 5101.241, 5101.242, 5101.243, 5101.601, 5103.155,
5108.11, 5108.12, 5111.0113, 5111.025, 5111.172,
5111.174, 5111.175, 5111.176, 5111.177, 5111.206, 5111.211,
5111.253, 5111.254, 5111.256, 5111.265, 5111.266, 5111.267, 5111.268, 5111.269, 5111.2610, 5111.88, 5111.881, 5111.882, 5111.911, 5111.912, 5111.913, 5111.95,
5111.96, 5111.97, 5111.98, 5111.981, 5111.982, 5115.12, 5115.13, 5115.14, 5115.22, 5123.196, 5123.197, 5123.198, 5123.38,
5123.851, 5703.491, 5703.56, 5703.58, 5703.80, 5709.201, 5709.211, 5709.212, 5709.23, 5709.24, 5717.011, 5733.044, 5733.55, 5733.56, 5733.57, 5735.053, 5741.25, 5745.042, and 5745.044 of the Revised Code be enacted to read as follows:
Sec. 9.01. When any officer, office, court, commission,
board, institution, department, agent, or employee of the state,
or of a county, or of any other political subdivision, who is charged with
the duty or authorized or required by law to record, preserve,
keep, maintain, or file any record, document, plat, court file,
paper, or instrument in writing, or to make or furnish copies of
any thereof of them, deems it necessary or advisable, when recording any
such document, plat, court file, paper, or instrument in writing,
or when making a copy or reproduction of any thereof of them or of any
such record, for the purpose of recording or copying, preserving,
and protecting the same them, reducing space required for storage, or
any similar purpose, to do so by means of any photostatic,
photographic, miniature photographic, film, microfilm, or
microphotographic process, or perforated tape, magnetic tape,
other magnetic means, electronic data processing, machine
readable means, or graphic or video display, or any combination
thereof of those processes, means, or displays, which correctly and accurately copies, records, or
reproduces, or provides a medium of copying, recording, or
reproducing, the original record, document, plat, court file,
paper, or instrument in writing, such use of any such
photographic or electromagnetic of those processes, means, or displays for any such purpose,
is hereby authorized. Any such records, copies, or reproductions
may be made in duplicate, and such the duplicates shall be stored in
different buildings. The film or paper used for this a process
shall comply with the minimum standards of quality approved for
permanent photographic records by the national bureau of
standards. All such records, copies, or reproductions shall
carry a certificate of authenticity and completeness, on a form
specified by the director of administrative services through the state records administrator program.
Any such officer, office, court, commission, board,
institution, department, agent, or employee of the state, of a
county, or of any other political subdivision may purchase or rent
required equipment for any such photographic process and may
enter into contracts with private concerns or other governmental
agencies for the development of film and the making of
reproductions thereof of film as a part of any such photographic process.
When so recorded, or copied or reproduced to reduce space
required for storage or filing of such records, said such photographs,
microphotographs, microfilms, perforated tape, magnetic tape,
other magnetic means, electronic data processing, machine
readable means, graphic or video display, or any combination
thereof of these processes, means, or displays, or films, or prints made therefrom, when properly
identified by the officer by whom or under whose supervision the
same they were made, or who has the their custody thereof, have the same
effect at law as the original record or of a record made by any
other legally authorized means, and may be offered in like manner
and shall be received in evidence in any court where such the
original record, or record made by other legally authorized
means, could have been so introduced and received. Certified or
authenticated copies or prints of such photographs,
microphotographs, films, microfilms, perforated tape, magnetic
tape, other magnetic means, electronic data processing, machine
readable means, graphic or video display, or any combination
thereof of these processes, means, or displays, shall be admitted in evidence equally with the original
photographs, microphotographs, films, or microfilms.
Such photographs, microphotographs, microfilms, or films
shall be placed and kept in conveniently accessible, fireproof,
and insulated files, cabinets, or containers, and provisions
shall be made for preserving, safekeeping, using, examining,
exhibiting, projecting, and enlarging the same them whenever
requested, during office hours.
All persons utilizing the methods described in this section
for keeping records and information shall keep and make readily
available to the public the machines and equipment necessary to
reproduce the records and information in a readable form.
Sec. 9.83. (A) The state and any political subdivision
may procure a policy or policies of insurance insuring its
officers and employees against liability for injury, death, or
loss to person or property that arises out of the operation of an
automobile, truck, motor vehicle with auxiliary equipment,
self-propelling equipment or trailer, aircraft, or watercraft by
the officers or employees while engaged in the course of their
employment or official responsibilities for the state or the
political subdivision. The state is authorized to expend funds
to pay judgments that are rendered in any court against its
officers or employees and that result from such operation, and is
authorized to expend funds to compromise claims for liability
against its officers or employees that result from such
operation. No insurer shall deny coverage under such a policy,
and the state shall not refuse to pay judgments or compromise
claims, on the ground that an automobile, truck, motor vehicle
with auxiliary equipment, self-propelling equipment or trailer,
aircraft, or watercraft was not being used in the course of an
officer's or employee's employment or official responsibilities
for the state or a political subdivision unless the officer or
employee who was operating an automobile, truck, motor vehicle
with auxiliary equipment, or self-propelling equipment or trailer
is convicted of a violation of section 124.71 of the Revised Code
as a result of the same events.
(B) Such funds Funds shall be reserved as are necessary, in the
exercise of sound and prudent actuarial judgment, to cover
potential expense, fees, damage, loss, or other liability. The
superintendent of insurance may recommend or, if the state
requests of the superintendent, shall recommend, a specific
amount for any period of time that, in the superintendent's
opinion, represents
such a judgment.
(C) Nothing in this section shall be construed to require
the department of administrative services to purchase liability
insurance for all state vehicles in a single policy of insurance
or to cover all state vehicles under a single plan of
self-insurance.
(D) Insurance procured by the state pursuant to this
section shall be procured as provided in section 125.03 of the
Revised Code.
(E) For purposes of liability insurance procured under this
section to cover the operation of a motor vehicle by a prisoner for whom the
insurance is procured, "employee" includes a prisoner in the custody of the
department of
rehabilitation and correction who is enrolled in a work program that is
established by the department pursuant to section 5145.16
of the Revised Code and in which
the prisoner is required to operate a motor vehicle, as defined in section
4509.01 of the Revised Code, and who is engaged in the operation of a motor
vehicle in the
course of the work program.
(F) There is hereby created in the state treasury the vehicle liability fund. All contributions collected by the director of administrative services under division (I) of this section shall be deposited into the fund. The fund shall be used to provide insurance and self-insurance for the state under this section. All investment earnings of the fund shall be credited to it.
(G) The director of administrative services, through the office of risk management, shall operate the vehicle liability fund on an actuarially sound basis.
(H) Reserves shall be maintained in the vehicle liability fund in any amount that is necessary and adequate, in the exercise of sound and prudent actuarial judgment, to cover potential liability claims, expenses, fees, or damages. Money in the fund may be applied to the payment of liability claims that are filed against the state in the court of claims and determined in the manner provided in Chapter 2743. of the Revised Code. The director of administrative services may procure the services of a qualified actuarial firm for the purpose of recommending the specific amount of money that is required to maintain adequate reserves for a specified period of time.
(I) The director of administrative services shall collect from each state agency or any participating state body its contribution to the vehicle liability fund for the purpose of purchasing insurance or administering self-insurance programs for coverage authorized under this section. The amount of the contribution shall be determined by the director, with the approval of the director of budget and management. It shall be based upon actuarial assumptions and the relative risk and loss experience of each state agency or participating state body. The amount of the contribution also shall include a reasonable sum to cover administrative costs of the department of administrative services.
Sec. 101.82. As used in sections 101.82 to 101.87 of the
Revised Code:
(A)
"Agency" means any board, commission, committee, or
council, or any other similar state public body required to be
established pursuant to state
statutes for the exercise of any
function of state government and to
which members are appointed or
elected.
"Agency" does not include the following:
(1) The general assembly, or any commission, committee, or
other
body composed entirely of members thereof of the general assembly;
(3) Any public body created by or directly pursuant to the
constitution of this state;
(4) The board of trustees of any institution of higher
education financially supported in whole or in part by the state;
(5) Any public body that has the authority to issue bonds
or
notes or that has issued bonds or notes that have not been
fully
repaid;
(6) The public utilities commission of Ohio;
(7) The consumers' council governing board;
(8) The Ohio board of regents;
(9) Any state board or commission that has the authority
to
issue any final adjudicatory order that may be appealed to the
court of common pleas under Chapter 119. of the Revised Code;
(10) Any board of elections;
(11) The board of directors of the Ohio insurance
guaranty
association and the board of governors of the Ohio fair plan
underwriting association;
(12) The Ohio public employees deferred compensation board;
(13) The Ohio retirement study council;
(14) The board of trustees of the Ohio police and fire
pension
fund, public employees retirement board, school employees
retirement board,
state highway patrol retirement board, and state
teachers retirement
board;
(15) The industrial commission.
(B)
"Abolish" means to repeal the statutes creating and
empowering an agency, remove its personnel, and transfer its
records to the department of administrative services pursuant to
division (H)(E) of section 149.331 of the Revised Code.
(C)
"Terminate" means to amend or repeal the statutes
creating and empowering an agency, remove its personnel, and
reassign its functions and records to another agency or officer
designated by the general assembly.
(D)
"Transfer" means to amend the statutes creating and
empowering an agency so that its functions, records, and
personnel
are conveyed to another agency or officer.
(E)
"Renew" means to continue an agency, and may include
amendment of the statutes creating and empowering the agency, or
recommendations for changes in agency operation or personnel.
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, every person who is elected to or is a
candidate for a state, county, or city office, or the office of
member of the United States congress, and every person who is
appointed to fill a vacancy for an unexpired term in such an
elective office; all members of the state board of education;
the
director, assistant directors, deputy
directors, division chiefs,
or persons of equivalent rank of any
administrative department of
the state; the president or other
chief administrative officer of
every state institution of higher
education as defined in section
3345.011 of the Revised Code; the
chief executive officer of each
state retirement system; all
members of the board of commissioners
on grievances and
discipline of the supreme court and the ethics
commission created
under section 102.05 of the Revised Code; every
business manager,
treasurer, or superintendent of a city, local,
exempted village,
joint vocational, or cooperative education
school
district or an educational service center; every person who
is elected
to or is a candidate for
the office of member of a
board of education of a city, local,
exempted village, joint
vocational, or cooperative
education school district or of a
governing board of an educational service
center that has a total
student count of twelve thousand or more as most
recently
determined by the department of education pursuant to section
3317.03
of
the Revised Code; every person who is appointed to the
board of education
of a municipal school district pursuant to
division (B) or
(F) of section 3311.71 of the Revised Code; all
members of the board of
directors of a sanitary district
established under Chapter 6115.
of the Revised Code and organized
wholly for the purpose of providing a water
supply for
domestic,
municipal, and public use that includes two municipal corporations
in two counties; every public official or
employee who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; members of
the board
of trustees and the executive director of the tobacco
use prevention and
control foundation; members of the board of
trustees and the executive
director of the southern Ohio
agricultural and community development
foundation;
and every
other public official or employee
who is designated by the
appropriate ethics commission pursuant to
division (B) of this
section shall file with the appropriate
ethics commission on a
form prescribed by the commission, a
statement disclosing all of the
following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which
the
person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this
section and except as otherwise provided in section 102.022 of
the
Revised Code, identification of every source of income, other
than
income from a legislative agent identified in division
(A)(2)(b)
of this section, received during the preceding calendar
year, in
the person's own name or by any other person for
the person's use
or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was
received. If the person filing the statement is a member of
the
general assembly, the statement shall identify the amount of
every
source of income received in accordance with the following
ranges
of amounts: zero or more, but less than one thousand
dollars; one
thousand dollars or more, but less than ten thousand
dollars; ten
thousand dollars or more, but less than twenty-five
thousand
dollars; twenty-five thousand dollars or more, but less
than fifty
thousand dollars; fifty thousand dollars or more, but
less than
one hundred thousand dollars; and one hundred thousand
dollars or
more. Division (A)(2)(a) of this section shall not be
construed
to require a person filing the statement who derives
income from a
business or profession to disclose the individual
items of income
that constitute the gross income of that business
or profession,
except for those individual items of income that
are attributable
to the person's or, if the income is shared with
the person, the
partner's, solicitation of services or goods or
performance,
arrangement, or facilitation of services or
provision of goods on
behalf of the business or profession of
clients, including
corporate clients, who are legislative agents
as defined in
section 101.70 of the Revised Code. A person who
files the
statement under this section shall disclose the
identity of and
the amount of income received from a person
who
the public
official or employee knows or has reason to know is
doing or
seeking to do business of any kind with the public
official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent, as defined in section 101.70 of the Revised
Code, during the preceding calendar year, in the person's
own name
or by
any other person for the person's use or benefit, by the
person filing the
statement, and a brief description of the nature
of the services
for which the income was received. Division
(A)(2)(b) of this
section requires the disclosure of clients of
attorneys or
persons licensed under section 4732.12 of the Revised
Code, or
patients of persons certified under section 4731.14 of
the
Revised Code, if those clients or patients are legislative
agents.
Division (A)(2)(b) of this section requires a person
filing the
statement who derives income from a business or
profession to
disclose those individual items of income that
constitute the
gross income of that business or profession that
are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required
not to reveal, disclose, or use confidences of clients,
patients,
or other recipients of professional services except
under
specified circumstances or generally are required to
maintain
those types of confidences as privileged communications
except
under specified circumstances. Division (A)(2)(a) of this
section
does not require an attorney, physician, or other
professional
subject to a confidentiality requirement as
described in division
(A)(2)(c) of this section to disclose the
name, other identity, or
address of a client, patient, or other
recipient of professional
services if the disclosure would
threaten the client, patient, or
other recipient of professional
services, would reveal details of
the subject matter for which
legal, medical, or professional
advice or other services were
sought, or would reveal an otherwise
privileged communication
involving the client, patient, or other
recipient of professional
services. Division (A)(2)(a) of this
section does not require an
attorney, physician, or other
professional subject to a
confidentiality requirement as described
in division (A)(2)(c) of
this section to disclose in the brief
description of the nature
of services required by division
(A)(2)(a) of this section any
information pertaining to specific
professional services rendered
for a client, patient, or other
recipient of professional
services that would reveal details of
the subject matter for
which legal, medical, or professional
advice was sought or would
reveal an otherwise privileged
communication involving the
client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the
secretary
of state that is incorporated in this state or
holds a
certificate
of compliance authorizing it to do business in this
state, trust,
business trust, partnership, or association that
transacts
business in this state in which the person filing
the statement or
any other person for the person's use and
benefit had during
the
preceding calendar year an investment of over one thousand
dollars
at fair market value as of the thirty-first day of
December of the
preceding calendar year, or the date of
disposition, whichever is
earlier, or in which the person holds
any office or has a
fiduciary relationship, and a description of
the nature of the
investment, office, or relationship. Division
(A)(3) of this
section does not require
disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business in the state to whom the person filing the statement
owes, in the person's own name or in the name of any other
person,
more
than one thousand dollars. Division (A)(5)
of this section
shall not be construed
to require the disclosure of debts owed by
the person resulting
from the ordinary conduct of a business or
profession or debts on
the person's residence or real property
used primarily for
personal recreation, except that the
superintendent of financial
institutions shall disclose the
names
of all
state-chartered savings and loan associations and of
all
service
corporations subject to regulation under division (E)(2)
of
section 1151.34 of the Revised Code to whom the superintendent
in
the superintendent's own name or in the name of any other
person owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered
banks and all bank subsidiary corporations subject
to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business in the state, other than a depository excluded under
division (A)(3) of this section, who owe more than one
thousand
dollars to the person filing the statement, either in the
person's
own
name or to any person for the person's use or benefit.
Division
(A)(6) of this section
shall not be construed to require
the disclosure of clients of
attorneys or persons licensed under
section 4732.12 or 4732.15 of
the Revised Code, or patients of
persons certified under section
4731.14 of the Revised Code, nor
the disclosure of debts owed to
the person resulting from the
ordinary conduct of a business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a
member of the general assembly from a legislative agent,
received
by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year,
except
gifts received by will or by virtue of section 2105.06 of
the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts,
brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law,
fathers-in-law, mothers-in-law, or any person
to whom the person
filing the statement stands in loco parentis,
or received by way
of distribution from any inter vivos or
testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's
own name
or by any other person for the person's use or benefit
and
that is
incurred in connection with the person's official
duties, except
for expenses for travel to meetings or conventions
of a national
or state organization to which
any state agency,
including, but not limited to, any legislative agency or state
institution of
higher
education as defined in section
3345.011 of
the Revised
Code,
pays
membership dues, or any political
subdivision or any
office or
agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person
participated in a panel, seminar, or speaking engagement
or at a
meeting or convention of a national or state organization
to which
any state agency, including, but not limited to, any legislative
agency or
state institution of higher education as
defined in
section
3345.011 of the Revised Code,
pays membership dues, or
any
political subdivision or any
office or agency of a political
subdivision pays membership dues,
that are incurred in connection
with the person's official duties
and that exceed one hundred
dollars aggregated per calendar year;
(10) If the financial disclosure statement is filed by a
public official or employee described in division (B)(2) of
section 101.73 of the Revised Code or division (B)(2) of section
121.63 of the Revised Code who receives a statement from a
legislative agent, executive agency lobbyist, or employer that
contains the information described in division (F)(2) of section
101.73 of the Revised Code or division (G)(2) of section 121.63
of
the Revised Code, all of the nondisputed information contained
in
the statement delivered to that public official or employee by
the
legislative agent, executive agency lobbyist, or employer
under
division (F)(2) of section 101.73 or (G)(2) of section
121.63 of
the Revised Code. As used in division (A)(10) of this
section,
"legislative agent,"
"executive agency
lobbyist," and
"employer"
have the same meanings as in sections 101.70 and
121.60 of the
Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office shall file the statement no later than the thirtieth
day
before the primary, special, or general election at which
the
candidacy is to be voted on, whichever election occurs
soonest,
except that a person who is a write-in candidate shall file the
statement no later than the twentieth day before the earliest
election at which the person's candidacy is to be voted on.
A
person who
holds elective office shall file the statement on or
before
the
fifteenth day of April of each year unless the person
is a
candidate for
office. A person who is appointed to fill a
vacancy for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for
office.
Other persons
shall file an annual statement on or before
the fifteenth day of
April or, if appointed or employed after that
date, within ninety
days after appointment or employment. No
person shall be
required to file with the appropriate ethics
commission more than
one statement or pay more than one filing fee
for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend
for a reasonable time the deadline for filing a
statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics
committee, and the board of commissioners on grievances
and
discipline of the supreme court, using the rule-making
procedures
of Chapter 119. of the Revised Code, may require any
class of
public officials or employees under its jurisdiction and
not
specifically excluded by this section whose positions involve
a
substantial and material exercise of administrative discretion
in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or
the execution of other public trusts, to file an annual
statement
on or before the fifteenth day of April under division
(A) of this
section. The appropriate ethics commission shall
send the public
officials or employees written notice of the
requirement by the
fifteenth day of February of each year the
filing is required
unless the public official or employee is
appointed after that
date, in which case the notice shall be sent
within thirty days
after appointment, and the filing shall be
made not later than
ninety days after appointment.
Except for disclosure
statements filed by members of the
board of trustees and the executive
director of the tobacco use
prevention and control foundation
and members of the
board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this
division with the
Ohio ethics commission by members of boards,
commissions, or
bureaus of the state for which no compensation is
received other
than reasonable and necessary expenses shall be
kept confidential. Disclosure
statements filed
with the Ohio
ethics commission under division (A) of this
section by business
managers, treasurers, and superintendents of
city, local, exempted
village, joint vocational, or
cooperative education school
districts or educational service centers shall be
kept
confidential, except that any person conducting an audit of any
such school district
or educational service center pursuant to
section 115.56 or Chapter 117.
of the Revised Code may examine the
disclosure statement of any
business manager, treasurer, or
superintendent of that school
district or educational service
center. The Ohio ethics commission shall
examine each disclosure
statement required to be kept confidential to
determine whether a
potential conflict of interest exists for the
person who filed the
disclosure statement. A potential conflict
of interest exists if
the private interests of the person, as
indicated by the person's
disclosure statement, might
interfere with the
public interests
the person is required to serve in the
exercise of the person's
authority and duties in
the person's office or position of
employment. If
the commission determines that a potential
conflict of interest
exists, it shall notify the person who filed
the disclosure
statement and shall make the portions of the
disclosure statement
that indicate a potential conflict of
interest subject to public
inspection in the same manner as is
provided for other disclosure
statements. Any portion of the
disclosure statement that the
commission determines does not
indicate a potential conflict of
interest shall be kept
confidential by the commission and shall
not be made subject to
public inspection, except as is necessary
for the enforcement of
Chapters 102. and 2921. of the Revised
Code and except as
otherwise provided in this
division.
(C) No person shall knowingly fail to file, on or before
the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that
is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section,
the statement required
by division
(A) or (B) of
this section shall be accompanied by a
filing fee of twenty-five
forty dollars.
(2) The statement required by division (A) of this section
shall be accompanied by a the following filing fee to be paid by the person who
is elected or appointed to, or is a candidate for, any of the
following offices:
|
For state office, except member of the |
|
|
|
state board of education |
|
$50 65 |
|
For office of member of United States |
|
|
|
congress or member of general assembly |
|
$25 |
|
For county office |
|
$25 40 |
|
For city office |
|
$10 25 |
|
For office of member of the state board |
|
|
|
of education |
|
$20 25 |
|
For office of member of a city, local, |
|
|
|
exempted village, or cooperative |
|
|
|
education board of |
|
|
|
education or educational service |
|
|
|
center governing board |
|
$ 5 20 |
|
For position of business manager, |
|
|
|
treasurer, or superintendent of a |
|
|
|
city, local, exempted village, joint |
|
|
|
vocational, or cooperative education |
|
|
|
school district or |
|
|
|
educational service center |
|
$ 5 20 |
(3) No judge of a court of record or candidate for judge
of
a court
of record, and no referee or magistrate serving a
court of
record, shall be required to pay the fee required under
division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a
nonelective office of the state and for any employee who holds a
nonelective position in a public agency of the state, the state
agency that is the primary employer of the state official or
employee shall pay the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee equal to one-half of the
applicable filing fee ten dollars for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed one two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the
Ohio
ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but
not limited to, fees it
receives under divisions
(E) and (F) of this section and all
moneys it receives from
settlements under division (G) of section
102.06 of the Revised
Code, into the Ohio ethics commission fund,
which is hereby
created in the state treasury. All moneys
credited to the fund
shall be used solely for expenses related to
the operation and
statutory functions of the commission.
(H) Division (A) of this section does not apply to a
person
elected or appointed to the office of precinct, ward, or
district
committee member under Chapter 3517. of the Revised
Code; a
presidential elector; a delegate to a national
convention; village
or township officials and employees; any
physician or psychiatrist
who is paid a salary or wage in
accordance with schedule C of
section 124.15 or schedule E-2 of
section 124.152 of the Revised
Code and whose primary duties do
not require the exercise of
administrative discretion; or any
member of a board, commission,
or bureau of any county or city
who receives less than one
thousand dollars per year for serving
in that position.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code, of all
children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that would
be a felony or
an offense of violence if committed by an adult or who have been
convicted of
or pleaded guilty to committing within this state a felony or an offense
of violence, and of all
well-known and habitual criminals. The person
in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting
a misdemeanor on the first offense and a felony on subsequent offenses,
or any misdemeanor described in division (A)(1)(a)
of section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is
probable
cause to believe that the child may have committed an act that would
be a felony or
an offense of violence if committed by an adult shall furnish such
material
to the superintendent of
the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of
violence if committed by an adult, has not
been adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence
if committed by an adult, has not been convicted of
or pleaded guilty to committing a
felony or an
offense of violence, and is not a child with respect to whom there is
probable cause to
believe that the child may have committed an act
that would be a felony or
an offense of violence if committed by an adult
shall not be procured by the superintendent or furnished by any
person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution, except as
authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a
court of record in this state, other than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, involving a misdemeanor
described in division (A)(1)(a) of section 109.572
of the Revised Code, or involving an
adjudication in a case in which a child under eighteen years of age was
alleged to be a delinquent child
for committing an act that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section
regarding a case before the court of appeals that is served by that
clerk. The summary shall be written on the standard forms
furnished by the
superintendent pursuant to division (B) of this section and shall
include the following information:
(a) The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;
(b) The style and number of the case;
(d) The date that the person was convicted of or pleaded guilty
to the offense, adjudicated a delinquent child for committing the act that
would be
a felony or an
offense of violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an act that
would be a
felony or an
offense of violence if committed by an adult, the date of an entry
dismissing
the charge, an entry declaring a mistrial of the offense in which the person
is discharged, an entry finding that the person or child is not competent to
stand trial, or an entry of a nolle prosequi, or the date of any other
determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or
terms of probation imposed or any other disposition of the
offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or a misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code and of all children
under
eighteen years of age arrested or otherwise taken into custody for committing
an act that would
be a felony or an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional institution for
the violation of state
laws and of all children under
eighteen years of age who
are confined in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for committing an act
that would be a felony or
an offense of violence if committed by an adult, and any other
information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to a sexually oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and to every clerk of a court in this
state specified in division (A)(2) of this
section standard forms for reporting the information required
under division (A) of this
section. The standard forms that the superintendent prepares pursuant to
this division may be in a tangible format, in an electronic format, or in both
tangible formats and electronic formats.
(C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony or an offense of
violence if committed by an adult, criminal activity, crime prevention,
law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to
division (A) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), or (5), or (6) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; the director of mental retardation and
developmental disabilities; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual, whether the bureau has any
information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining
to that
individual. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request for information that is authorized under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section.
(5) When a recipient of an OhioReads classroom
or
community reading
grant paid under section 3301.86 or 3301.87 of the Revised
Code
or an entity approved by the OhioReads council
requests, with respect to any individual who applies to participate in
providing any program or service
through an entity approved by the OhioReads council
or
funded in whole or in
part by the grant, the information that a school district board of
education is authorized to request under division
(F)(2)(a) of
this section, the superintendent of the bureau shall proceed as if the
request has been
received from a school district board of education under division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is required to be made under section 173.41, 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through the
PASSPORT program created under section 173.40 of the Revised
Code, home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, on request of the administrator requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to that
individual. Within
thirty days of the date a request is received, the superintendent
shall send to the administrator a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the administrator a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by federal law.
(H) Information obtained by a board,
administrator, or other person under this section is confidential
and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.95 or 5111.96 of the Revised Code with respect to an applicant for employment with agencies participating in department of job and family services administered waivers or independent providers in department administered home and community-based service programs in a position that involves providing home and community-based waiver services to consumers with disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(6)(a) of this section.
(6)(7) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code.
(7)(8) When conducting a criminal records check on a request pursuant to section 2151.86 of the Revised Code for a person who is a prospective foster caregiver or who is eighteen years old or older and resides in the home of a prospective foster caregiver, the superintendent, in addition to the determination made under division (A)(1) of this section, shall determine whether any information exists that indicates that the person has been convicted of or pleaded guilty to a violation of:
(a) Section 2909.02 or 2909.03 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to section 2909.02 or 2909.03 of the Revised Code.
(8)(9) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), or (7), or (8) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), or (7), or (8) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (5)(6) of this section.
(B) The superintendent shall conduct any criminal records check requested under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.
(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request.
(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic
method.
(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b), or (A)(8)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.
(2) "Home and community-based waiver services" has the same meaning as in section 5111.95 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(3)(4) "Older adult" means a person age sixty or older.
Sec. 109.71. There is hereby created in the office of the
attorney general the Ohio peace officer training commission. The
commission shall consist of nine members appointed by the governor
with the advice and consent of the senate and selected as
follows:
one member representing the public; two members who are
incumbent
sheriffs; two members who are incumbent chiefs of
police; one
member from the bureau of criminal identification and
investigation; one member from the state highway patrol; one
member who is the special agent in charge of a field office of
the
federal bureau of investigation in this state; and one member
from
the department of education, trade and industrial
education
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of
the
organized police department of a township or municipal
corporation, member of a township police district or joint
township police district police force, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or township constable,
who is
commissioned and employed as a peace officer by a
political
subdivision of this state or by a metropolitan housing
authority,
and whose primary duties are to preserve the peace, to
protect
life and property, and to enforce the laws of this state,
ordinances of a municipal corporation, resolutions of a township,
or regulations of a board of county commissioners or board of
township trustees, or any of those laws, ordinances,
resolutions,
or regulations;
(2) A police officer who is employed by a railroad company
and
appointed and commissioned by the governor pursuant to
sections
4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the
enforcement of Chapter 5743. of the Revised Code laws the tax commissioner administers and designated
by
the tax commissioner for peace officer training for purposes
of
the delegation of investigation powers under section 5743.45 5703.58
of
the Revised Code;
(4) An undercover drug agent;
(5) Enforcement agents of the
department of public safety
whom the director of
public safety designates under section
5502.14 of the Revised
Code;
(6) An employee of the department of natural resources who
is a natural resources law enforcement staff officer designated
pursuant to
section 1501.013, a park officer designated pursuant
to
section
1541.10, a
forest officer designated pursuant to
section 1503.29, a preserve
officer designated pursuant to section
1517.10, a wildlife officer designated
pursuant to section
1531.13, or a state watercraft
officer designated pursuant to
section 1547.521 of the Revised
Code;
(7) An employee of a park district who is designated
pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that
employs and maintains its own proprietary police department or
security department, and who is appointed and commissioned by the
governor pursuant to sections 4973.17 to 4973.22 of the Revised
Code;
(10) Veterans' homes police officers designated under
section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed
under section 3345.04 of the Revised Code or a person serving as a
state
university law enforcement officer on a permanent basis on
June 19,
1978, who has been awarded a certificate by the executive
director of the
Ohio peace officer training
commission
attesting to
the person's
satisfactory completion of an approved
state, county,
municipal, or department
of natural resources peace
officer basic
training program;
(13) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(14) A member of a campus police department appointed
under
section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional
transit authority
under division (Y) of section 306.35 of the
Revised Code;
(16) Investigators appointed by the auditor of state
pursuant to
section
117.091 of the Revised Code and engaged in the
enforcement of Chapter 117. of
the Revised Code;
(17) A special police officer designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the Revised Code
or a person who was serving as a
special police officer pursuant
to that section
on a permanent
basis on
October 21, 1997, and who has
been awarded a certificate
by the executive director of the
Ohio peace officer training
commission attesting to the person's satisfactory completion of
an
approved state, county, municipal, or department of natural
resources peace officer basic training program;
(18) A special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code
or
a person serving as a special police officer employed
by a port
authority on a permanent basis on
May
17, 2000, who has been
awarded a certificate by the
executive director of the Ohio
peace officer training
commission
attesting to the person's
satisfactory completion of an
approved
state, county, municipal,
or department of natural
resources peace
officer basic training
program;
(19) A special police officer employed by a municipal
corporation who has been awarded a certificate by the executive
director of the Ohio peace officer training commission for
satisfactory completion of an approved peace officer basic
training program and who is employed on a permanent basis on or
after the effective date of this amendment March 19, 2003, at a municipal airport,
or other municipal air navigation facility, that
has scheduled
operations, as defined in section 119.3 of Title 14
of the Code of
Federal Regulations, 14 C.F.R. 119.3, as amended,
and that is
required to be under a security program and is
governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended.
(B) "Undercover drug agent" has the same meaning as in
division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the
use
of interpersonal and communication skills to most effectively
and
sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 117.45. (A) The auditor of state shall draw warrants
against the treasurer of state pursuant to all requests for
payment that the director of budget and management has approved
under section 126.07 of the Revised Code.
(B) Unless the director of job and family services has
provided for
the making of payments by electronic benefit transfer, if a
financial institution and account have been designated by the
participant or recipient, payment by the auditor of state to a
participant in the Ohio works first program pursuant to Chapter 5107. of the
Revised Code or a recipient of disability financial assistance pursuant to Chapter 5115.
of the
Revised Code shall be made by direct deposit to the account of
the participant or recipient in the financial institution. Payment by
the auditor of state to a recipient of benefits
distributed through the medium of electronic benefit transfer pursuant to
section 5101.33 of the Revised Code shall be by electronic
benefit transfer. Payment by the auditor of state as compensation
to an employee of the state who has, pursuant to section 124.151
of the Revised Code, designated a financial institution and
account for the direct deposit of such payments shall be made by
direct deposit to the account of the employee. Payment to any
other payee who has designated a financial institution and
account for the direct deposit of such payment may be made by
direct deposit to the account of the payee in the financial
institution as provided in section 9.37 of the Revised Code. The
auditor of state shall contract with an authorized financial
institution for the services necessary to make direct deposits or
electronic benefit transfers under this division and draw lump
sum warrants payable to that institution in the amount to be
transferred. Accounts maintained by the auditor of state or the
auditor of state's agent in a financial institution for the purpose of
effectuating
payment by direct deposit or electronic benefit transfer shall be
maintained in accordance with section 135.18 of the Revised Code.
(C) All other payments from the state treasury shall be
made by paper warrants or by direct deposit payable to the respective
payees. The
auditor of state may mail the paper warrants to the respective
payees or distribute them through other state agencies, whichever
the auditor of state determines to be the better procedure.
(D) If the average per transaction cost the auditor of
state incurs in making direct deposits for a state agency exceeds
the average per transaction cost the auditor of state incurs
in drawing paper
warrants for all public offices during the same period of time,
the auditor of state may certify the difference in cost and
the number of direct
deposits for the agency to the director of administrative
services. The director shall reimburse the auditor of state for
such additional costs and add the amount to the processing charge
assessed upon the state agency.
Sec. 119.035. An agency may appoint an
advisory committee to advise the agency concerning its
development of a rule, amendment, or rescission, and may
otherwise consult with persons representing interests that would
be affected by the rule, amendment, or rescission were it
actually to be proposed and adopted. Upon an agency's request,
the executive director or another officer or employee of the
Ohio commission on dispute
resolution and conflict management may serve as a group
facilitator for, but not as a member of, such an advisory
committee.
Sec. 121.04. Offices are created within the several
departments as follows:
In the department of commerce:
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Commissioner of securities; |
|
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Superintendent of real estate and professional licensing; |
|
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Superintendent of financial institutions; |
|
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Fire marshal; |
|
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Superintendent of labor and worker safety; |
|
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Beginning on July 1, 1997, |
|
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Superintendent of liquor control; |
|
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Superintendent of industrial compliance. |
In the department of administrative services:
|
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State architect and engineer; |
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Equal employment opportunity coordinator. |
In the department of agriculture:
Chiefs of divisions as follows:
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Administration; |
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Animal industry; |
|
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Dairy; |
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Food safety; |
|
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Plant industry; |
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Markets; |
|
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Meat inspection; |
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Consumer analytical laboratory; |
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Amusement ride safety; |
|
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Enforcement; |
|
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Weights and measures. |
In the department of natural resources:
Chiefs of divisions as follows:
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Water; |
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Mineral resources management; |
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Forestry; |
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Natural areas and preserves; |
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Wildlife; |
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Geological survey; |
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Parks and recreation; |
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Watercraft; |
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Recycling and litter prevention; |
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Civilian conservation; |
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Soil and water conservation; |
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Real estate and land management; |
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Engineering. |
In the department of insurance:
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Deputy superintendent of insurance; |
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Assistant superintendent of insurance, technical; |
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Assistant superintendent of insurance,
administrative; |
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Assistant superintendent of insurance, research. |
Sec. 121.084. (A) All moneys collected
under sections
1333.96,
3783.05, 3791.07,
4104.07, 4104.18, 4104.42, 4104.44,
4104.45, 4105.17, 4105.20,
4169.03, 4171.04,
and 5104.051 of the
Revised Code, and
any other moneys collected by the division of
industrial
compliance shall be paid into the state
treasury to the
credit of
the industrial compliance operating
fund, which is
hereby created.
The
department of commerce shall use the
moneys in
the fund for
paying the operating expenses of the
division and the
administrative assessment described in
division (B) of this
section.
(B) The director of commerce, with the approval of the
director
of budget and management, shall prescribe procedures for
assessing the
industrial compliance operating fund a proportionate
share of the
administrative costs of the department of commerce.
The assessment shall be
made in accordance with those procedures
and be paid from the industrial
compliance operating fund to the
division of administration fund created in
section 121.08 of the
Revised Code.
Sec. 122.011. (A) The department of development shall
develop and promote plans and programs designed to assure that
state resources are efficiently used, economic growth is properly
balanced, community growth is developed in an orderly manner, and
local governments are coordinated with each other and the state,
and for such purposes may do all of the following:
(1) Serve as a clearinghouse for information, data, and
other materials that may be helpful or necessary to persons or
local governments, as provided in section 122.07 of the Revised
Code;
(2) Prepare and activate plans for the retention,
development, expansion, and use of the resources and commerce of
the state, as provided in section 122.04 of the Revised Code;
(3) Assist and cooperate with federal, state, and local
governments and agencies of federal, state, and local
governments
in the coordination of programs to carry out the functions and
duties of the department;
(4) Encourage and foster research and development
activities, conduct studies related to the solution of community
problems, and develop recommendations for administrative or
legislative actions, as provided in section 122.03 of the Revised
Code;
(5) Serve as the economic and community development
planning
agency, which shall prepare and recommend plans and
programs for
the orderly growth and development of this state and
which shall
provide planning assistance, as provided in section
122.06 of the
Revised Code;
(6) Cooperate with and provide technical assistance to
state
departments, political subdivisions, regional and local
planning
commissions, tourist associations, councils of
government,
community development groups, community action
agencies, and other
appropriate organizations for carrying out the
functions and
duties of the department or for the solution of
community
problems;
(7) Coordinate the activities of state agencies that have
an
impact on carrying out the functions and duties of the
department;
(8) Encourage and assist the efforts of and cooperate with
local governments to develop mutual and cooperative solutions to
their common problems that relate to carrying out the purposes of
this section;
(9) Study existing structure, operations, and financing of
regional or local government and those state activities that
involve significant relations with regional or local governmental
units, recommend to the governor and to the general assembly such
changes in these provisions and activities as will improve the
operations of regional or local government, and conduct other
studies of legal provisions that affect problems related to
carrying out the purposes of this section;
(10) Appoint, with the approval of the governor,
technical
and other advisory councils as it considers
appropriate, as
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community development
to develop and
administer programs and activities that are
authorized by federal statute or
the Revised Code;
(12) Until July 1,
2003 October 15, 2005,
establish fees and charges, in
consultation with the
director of agriculture, for purchasing
loans from financial institutions and
providing loan guarantees
under the family farm
loan program created under sections 901.80
to 901.83 of the Revised Code;
(13) Provide loan servicing for the loans purchased and
loan
guarantees
provided
under section 901.80 of the Revised Code
as
that section
existed prior to July 1,
2003 October 15, 2005;
(14) Until July 1,
2003 October 15, 2005,
and upon approval by the
controlling board under division
(A)(3) of section 901.82 of the
Revised
Code of the release of money to
be used for purchasing a
loan or providing a loan guarantee, request the
release of
that
money in accordance with division
(B) of section 166.03 of the
Revised
Code for use for the purposes
of the fund created by
section 166.031 of the
Revised Code.
(B)
The director of development may request the attorney
general
to, and the attorney general, in accordance with section
109.02 of the Revised Code, shall
bring a civil action in any
court of competent jurisdiction. The director may
be sued in the
director's official capacity, in connection with this chapter,
in
accordance with Chapter 2743. of the Revised Code.
Sec. 122.04. The department of development shall do the following:
(A) Maintain a continuing evaluation of the sources
available for the retention, development, or expansion of
industrial and commercial facilities in this state through both
public and private agencies;
(B) Assist public and private agencies in obtaining
information necessary to evaluate the desirability of the
retention, construction, or expansion of industrial and
commercial facilities in the state;
(C) Facilitate contracts between community improvement
corporations organized under Chapter 1724. of the Revised Code or
Ohio development corporations organized under Chapter 1726. of
the Revised Code and industrial and commercial concerns seeking
to locate or expand in Ohio the state;
(D) Upon request, consult with public agencies or
authorities in the preparation of studies of human and economic
needs or advantages relating to economic and community
development;
(E) Encourage, promote, and assist trade and commerce
between this state and foreign nations;
(F) Promote and encourage persons to visit and travel
within this state;
(G) Maintain membership in the national association of state
development agencies;
(H) Assist in the development of facilities and
technologies that will lead to increased, environmentally sound
use of Ohio coal;
(I) Promote economic growth in the state.
Sec. 122.08. (A) There is hereby created within the
department of development an office to be known as the office of
small business. The office shall be under the supervision of a
manager appointed by the director of development.
(B) The office shall do all of the following:
(1) Act as liaison between the small business community
and state governmental agencies;
(2) Furnish information and technical assistance to
persons and small businesses concerning the establishment and
maintenance of a small business, and concerning state laws and
rules relevant to the operation of a small business. In
conjunction with these duties, the office shall keep a record of
all state agency rules affecting individuals, small businesses,
or small organizations, as defined in section 121.24 of the
Revised Code, and may testify before the joint committee on
agency rule review concerning any proposed rule affecting
individuals, small businesses, or small organizations.
(3) Prepare and publish the small business register under
section 122.081 of the Revised Code;
(4) Receive complaints from small businesses concerning
governmental activity, compile and analyze those complaints, and
periodically make recommendations to the governor and the general
assembly on changes in state laws or agency rules needed to
eliminate burdensome and unproductive governmental regulation to
improve the economic climate within which small businesses
operate;
(5) Receive complaints or questions from small businesses
and direct such those businesses to the appropriate governmental
agency. If, within a reasonable period of time, a complaint is
not satisfactorily resolved or a question is not satisfactorily
answered, the office shall, on behalf of the small business, make
every effort to secure a satisfactory result. For this purpose,
the office may consult with any state governmental agency and may
make any suggestion or request that seems appropriate.
(6) Utilize, to the maximum extent possible, the printed
and electronic media to disseminate information of current
concern and interest to the small business community and to make
known to small businesses the services available through the
office. The office shall publish such books, pamphlets, and
other printed materials, and shall participate in such trade
association meetings, conventions, fairs, and other meetings
involving the small business community, as the manager considers
appropriate.
(7) Prepare for inclusion in the department of
development's annual report to the governor and general assembly,
a description of the activities of the office and a report of the
number of rules affecting individuals, small businesses, and
small organizations that were filed with the office under
division (B)(2) of section 121.24 of the Revised Code, during the
preceding calendar year;
(8) Operate the Ohio one-stop business permit center first-stop business connection to assist
individuals in identifying and preparing applications for business licenses,
permits, and certificates and to serve as the central public distributor for
all forms, applications, and other information related to business licensing.
Each state agency, board, and commission shall cooperate in providing
assistance, information, and materials to enable the center connection to perform its
duties under this division (B)(8) of this section.
(C) The office of small business may, upon the request of
a state agency, assist the agency with the preparation of any
rule that will affect individuals, small businesses, or small
organizations.
(D) The director of development shall assign such
employees and furnish such equipment and supplies to the office
as the director considers necessary for the proper
performance of the duties assigned to the office.
Sec. 122.17. (A) As used in this section:
(1) "Full-time employee" means an individual who is
employed for consideration for at least thirty-five hours a week,
or who renders any other standard of service generally accepted
by custom or specified by contract as full-time employment.
(2) "New employee" means one of the following:
(a) A full-time employee first employed by a taxpayer in
the project that is the subject of the agreement after the
taxpayer enters into a tax credit agreement with the tax credit
authority under this section;
(b) A full-time employee first employed by a taxpayer in
the project that is the subject of the tax credit after the tax
credit authority approves a project for a tax credit under this
section in a public meeting, as long as the taxpayer enters into
the tax credit agreement prepared by the department of
development after such meeting within sixty days after receiving
the agreement from the department. If the taxpayer fails to
enter into the agreement within sixty days, "new employee" has
the same meaning as under division (A)(2)(a) of this section.
Under division (A)(2)(a) or (b) of this section, if the tax
credit authority determines it appropriate, "new employee" also
may include an employee re-hired or called back from lay-off to
work in a new facility or on a new product or service established
or produced by the taxpayer after entering into the agreement
under this section or after the tax credit authority approves the
tax credit in a public meeting. "New employee" does not include
any employee of the taxpayer who was previously employed in this
state by a related member of the taxpayer and whose employment
was shifted to the taxpayer after the taxpayer entered into the
tax credit agreement or after the tax credit authority approved
the credit in a public meeting, or any employee of the taxpayer
for which the taxpayer has been granted a certificate under
division (B) of section 5709.66 of the Revised Code.
"New employee" also does not include an employee of the
taxpayer who is employed in an employment position that
was
relocated to a project from other operations of the taxpayer in
this state or from operations of a related member of the
taxpayer in this state.
In
addition, "new employee" does not include a child, grandchild,
parent, or spouse, other than a spouse who is legally separated
from the individual, of any individual who is an employee of the
taxpayer and who has a direct or indirect ownership interest of
at least five per cent in the profits, capital, or value of the
taxpayer. Such ownership interest shall be determined in
accordance with section 1563 of the Internal Revenue Code and
regulations prescribed thereunder.
(3) "New income tax revenue" means the total amount
withheld under section 5747.06 of the Revised Code by the
taxpayer during the taxable year from the compensation of new
employees for the tax levied under Chapter 5747. of the Revised
Code.
(4) "Related member" has the same meaning as under
division (A)(6) of in section 5733.042 of the Revised Code without
regard to division (B) of that section.
(B) The tax credit authority may make grants under this
section to foster job creation in this state. Such a grant shall
take the form of a refundable credit allowed against the tax
imposed by section 5733.06 or
5747.02 of the Revised Code. The
credit shall be claimed for the taxable years specified in the
taxpayer's agreement with the tax credit authority under division
(D) of this section. The credit shall be claimed after the
allowance of all other credits provided by Chapter 5733. or 5747.
of the Revised Code. The amount of the credit equals the new
income tax revenue for the taxable year multiplied by the
percentage specified in the agreement with the tax credit
authority.
(C) A taxpayer or potential taxpayer who proposes a
project to create new jobs in this state may apply to the tax
credit authority to enter into an agreement for a tax credit
under this section. The director of development
shall prescribe
the form of the application. After receipt of an application,
the authority may enter into an agreement with the taxpayer for a
credit under this section if it determines all of the following:
(1) The taxpayer's project will create new jobs in this
state;
(2) The taxpayer's project is economically sound and will
benefit the people of this state by increasing opportunities for
employment and strengthening the economy of this state;
(3) Receiving the tax credit is a major factor in the
taxpayer's decision to go forward with the project.
(D) An agreement under this section shall include all of
the following:
(1) A detailed description of the project that is the
subject of the agreement;
(2) The term of the tax credit, which shall not exceed ten
years, and the first taxable year for which the credit may be
claimed;
(3) A requirement that the taxpayer shall maintain
operations at the project location for at least twice the number
of years as the term of the tax credit;
(4) The percentage, as determined by the tax credit
authority, of new income tax revenue that will be allowed as the
amount of the credit for each taxable year;
(5) A specific method for determining how many new
employees are employed during a taxable year;
(6) A requirement that the taxpayer annually shall report
to the director of development the number of new
employees, the
new income tax revenue withheld in connection with the new
employees, and any other information the director needs to
perform his the director's duties under this section;
(7) A requirement that the director of
development
annually shall verify the amounts reported under division (D)(6)
of this section, and after doing so shall issue a certificate to
the taxpayer stating that the amounts have been verified;
(8)(a) A provision requiring that the
taxpayer, except as otherwise provided in division
(D)(8)(b) of this section,
shall not relocate employment positions from elsewhere in this state to the
project site that
is the subject of the agreement for the lesser of five years from the date the
agreement is entered into or the number of years the
taxpayer is entitled to claim the tax credit.
(b) The taxpayer may relocate employment positions from elsewhere
in
this state to the project site that is the subject of the agreement if the
director of development determines both of the
following:
(i) That the site from which the employment positions would be
relocated
is inadequate to meet market and industry conditions, expansion plans,
consolidation plans, or other business considerations affecting the
taxpayer;
(ii) That the legislative authority of the county,
township, or municipal corporation from which the employment positions would
be relocated has
been notified of the relocation.
For purposes of this section, the movement of an
employment position from one political subdivision to another
political subdivision shall be considered a relocation of an
employment position, but the transfer of an individual employee
from one political subdivision to another political subdivision
shall not be considered a relocation of an employment position
as long as the individual's employment position in the first
political subdivision is refilled.
(E) If a taxpayer fails to meet or comply with any
condition or requirement set forth in a tax credit agreement, the
tax credit authority may amend the agreement to reduce the
percentage or term of the tax credit. The reduction of the
percentage or term shall take effect in the taxable year
immediately following the taxable year in which the authority
amends the agreement.
If the taxpayer relocates employment positions in violation of the
provision required
under division (D)(8)(a)
of this section, the taxpayer shall not claim the tax credit under section
5733.0610 of the Revised Code for any tax years
following the calendar year in which the relocation occurs, or shall not claim
the tax credit under
section 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years.
(F) Projects that consist solely of
point-of-final-purchase retail facilities are not eligible for a
tax credit under this section. If a project consists of both
point-of-final-purchase retail facilities and nonretail
facilities, only the portion of the project consisting of the
nonretail facilities is eligible for a tax credit and only the
new income tax revenue from new employees of the nonretail
facilities shall be considered when computing the amount of the
tax credit. If a warehouse facility is part of a
point-of-final-purchase retail facility and supplies only that
facility, the warehouse facility is not eligible for a tax
credit. Catalog distribution centers are not considered
point-of-final-purchase retail facilities for the purposes of
this division, and are eligible for tax credits under this
section.
(G) Financial statements and other information submitted
to the department of development or the tax
credit authority by
an applicant or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the
authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, the chairperson of the
authority
shall provide to the commissioner any statement or information
submitted by an applicant or recipient of a tax credit in
connection with the credit. The commissioner shall preserve the
confidentiality of the statement or information.
(H) A taxpayer claiming a credit under this section shall
submit to the tax commissioner a copy of the director of
development's certificate of verification under division (D)(7)
of this section for the taxable year. However, failure to submit
a copy of the certificate does not invalidate a claim for a
credit.
(I) The director of development, after
consultation with
the tax commissioner and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under this section to be charged fees to cover administrative
costs of the tax credit program. At the time the director
gives public
notice under division (A) of section 119.03 of the Revised Code
of the adoption of the rules, the director shall submit copies of
the proposed rules to the chairpersons of the standing
committees on
economic development in the senate and the house of
representatives.
(J) For the purposes of this section, a taxpayer may
include a partnership, a corporation that has made an election
under subchapter S of chapter one of subtitle A of the Internal
Revenue Code, or any other business entity through which income
flows as a distributive share to its owners. A credit received
under this section by a partnership, S-corporation, or other such
business entity shall be apportioned among the persons to whom
the income or profit of the partnership, S-corporation, or other
entity is distributed, in the same proportions as those in which
the income or profit is distributed.
(K) If the director of development determines
that a
taxpayer who has received a credit under this section is not
complying with the requirement under division (D)(3) of this
section, the director shall notify the tax credit authority
of the
noncompliance. After receiving such a notice, and after giving
the taxpayer an opportunity to explain the noncompliance, the tax
credit authority may require the taxpayer to refund to this state
a portion of the credit in accordance with the following:
(1) If the taxpayer maintained operations at the project
location for at least one and one-half times the number of years
of the term of the tax credit, an amount not exceeding
twenty-five per cent of the sum of any previously allowed credits
under this section;
(2) If the taxpayer maintained operations at the project
location for at least the number of years of the term of the tax
credit, an amount not exceeding fifty per cent of the sum of any
previously allowed credits under this section;
(3) If the taxpayer maintained operations at the project
location for less than the number of years of the term of the tax
credit, an amount not exceeding one hundred per cent of the sum
of any previously allowed credits under this section.
In determining the portion of the tax credit to be refunded
to this state, the tax credit authority shall consider the effect
of market conditions on the taxpayer's project and whether the
taxpayer continues to maintain other operations in this state.
After making the determination, the authority shall certify the
amount to be refunded to the tax commissioner. The commissioner
shall make an assessment for that amount against the taxpayer
under Chapter 5733. or 5747. of the Revised Code. The time
limitations on assessments under Chapter 5733. or 5747. of the
Revised Code do not apply to an assessment under this division,
but the commissioner shall make the assessment within one year
after the date the authority certifies to the commissioner
the amount to be
refunded.
(L) On or before the thirty-first day of March each year,
the director of development shall submit a
report to the
governor, the president of the senate, and the speaker of the
house of representatives on the tax credit program under this
section. The report shall include information on the number of
agreements that were entered into under this section during the
preceding calendar year, a description of the project that is the
subject of each such agreement, and an update on the status of
projects under agreements entered into before the preceding
calendar year.
During the fifth year of the tax credit program, the
director of development in conjunction with the
director of
budget and management shall conduct an evaluation of it. The
evaluation shall include assessments of the effectiveness of the
program in creating new jobs in this state and of the revenue
impact of the program, and may include a review of the practices
and experiences of other states with similar programs. The
director of development shall submit a report on
the evaluation
to the governor, the president of the senate, and the speaker of
the house of representatives on or before January 1, 1998.
(M) There is hereby created the tax credit authority,
which consists of the director of development
and four other
members appointed as follows: the governor, the president of the
senate, and the speaker of the house of representatives each
shall appoint one member who shall be a specialist in economic
development; the governor also shall appoint a member who is a
specialist in taxation. Of the initial appointees, the members
appointed by the governor shall serve a term of two years; the
members appointed by the president of the senate and the speaker
of the house of representatives shall serve a term of four years.
Thereafter, terms of office shall be for four years. Initial
appointments to the authority shall be made within thirty days
after January 13,
1993. Each
member shall serve on the authority until the end of the term for
which the member was appointed. Vacancies shall be filled in
the same
manner provided for original appointments. Any member appointed
to fill a vacancy occurring prior to the expiration of the term
for which the member's predecessor was appointed shall hold
office for the
remainder of that term. Members may be reappointed to the
authority. Members of the authority shall receive their
necessary and actual expenses while engaged in the business of
the authority. The director of development
shall serve as
chairperson of the authority, and the members annually
shall elect a
vice-chairperson from among themselves. Three
members of the
authority constitute a quorum to transact and vote on the
business of the authority. The majority vote of the membership
of the authority is necessary to approve any such business,
including the election of the vice-chairperson.
The director of development may appoint a
professional employee of the department of
development to serve as the director's substitute at a meeting of the
authority. The director shall
make the appointment in writing. In the absence of the director
from a meeting of the authority, the appointed substitute shall
serve as chairperson. In the absence of both the
director and the director's
substitute from a meeting, the vice-chairperson
shall serve as
chairperson.
Sec. 122.25. (A) In administering the program
established
under section 122.24 of the Revised
Code, the director of
development shall do all of the
following:
(1) Annually designate, by the first day of January of
each
year, the entities that constitute the eligible areas in this
state as
defined in section 122.23 of the Revised Code;
(2) Inform local governments and others in the state of
the
availability of the program and financial assistance
established
under sections 122.23 to 122.27 of the
Revised Code;
(3) Report to the governor, president of the
senate, speaker
of the house of representatives, and minority leaders of the
senate and the house of representatives by the
thirtieth day of
June of each year on the activities
carried out under the program
during the preceding calendar
year. The report shall include the
number of loans made that year and the
amount and recipient of
each loan.
(4) Work in conjunction with conventional lending
institutions, local
revolving loan funds, private investors, and
other
private and public financing sources to provide loans or
loan guarantees to
eligible applicants;
(5) Establish fees, charges, interest rates, payment
schedules, local
match requirements, and other
terms and
conditions for loans and loan guarantees provided under the loan
program created by section 122.24 of the
Revised Code;
(6) Require each applicant to demonstrate the suitability of
any site for
the assistance sought; that the site has been
surveyed, has adequate or
available utilities, and that there are
no zoning restrictions, environmental
regulations, or other
matters impairing the use of the site for the purpose
intended;
(7) Require each applicant to provide a marketing plan and
management
strategy for the project;
(8) Adopt rules in accordance with Chapter 119. of the
Revised Code establishing all of the following:
(a) Forms and procedures by which eligible
applicants may
apply for assistance;
(b) Criteria for reviewing, evaluating, and
ranking
applications, and for approving applications that best serve the
goals
of the program;
(c) Reporting requirements and monitoring
procedures;
(d) Guidelines regarding situations in which industrial
parks would be
considered to compete against one another for the
purposes of division
(B)(2) of section 122.27 of the Revised Code;
(e) Any other rules necessary to implement and
administer
the program created by section 122.24 of the
Revised Code.
(B) The director may adopt rules in
accordance with Chapter
119. of the Revised Code
establishing requirements governing
the
use of any industrial park site receiving assistance under section
122.24
of the Revised
Code, such that a certain portion of the
site
must be used for manufacturing, distribution, high
technology, research and
development, or other businesses wherein
a majority of the product or service
produced is exported out of
the state.
(C) As a condition to receiving assistance under section
122.24
of the Revised Code, and except as provided in division
(D)
of this section, an applicant must agree, for a period of five
years, not to permit the use of a site that is developed or
improved with such
assistance to cause the relocation of jobs to
that site from elsewhere in
Ohio.
(D) A site developed or improved with
assistance under
section 122.24 of the Revised
Code may be the site of jobs
relocated from
elsewhere in Ohio if the director of
development
does all of the following:
(1) Makes a written determination that the site from which
the jobs would
be relocated is inadequate to
meet market or
industry conditions, expansion plans, consolidation plans, or
other business considerations affecting the relocating employer;
(2) Provides a copy of the determination
required by
division (D)(1) of this section to
the members of the general
assembly whose legislative districts include the
site from which
the jobs would be relocated, and to the joint legislative
committee on tax incentives;
(3) Determines that the governing body of the area from
which the jobs
would be relocated has been notified in writing by
the relocating company of
the possible relocation.
(E) The director of development must obtain the approval of
the
controlling board for any loan or loan guarantee provided
under sections
122.23 to 122.27 of the Revised Code.
Sec. 122.651. (A) There is hereby created the clean Ohio
council consisting of the director of development or the
director's designee, the director of
environmental protection or
the director's designee, the lieutenant governor or the lieutenant governor's designee, the director of the Ohio public works
commission as a nonvoting, ex officio member, one member of the
majority party of the
senate and one member of the minority party
of the senate to be
appointed by the
president of the senate, one
member of the
majority party of the house of
representatives and
one member of
the minority party of the house of representatives
to be appointed
by the speaker of the house of
representatives,
and seven members
to be appointed by the governor
with the advice
and consent of the
senate. Of the members
appointed by the
governor, one shall
represent the interests of
counties, one shall
represent the
interests of townships, one
shall represent the
interests of
municipal corporations, two
shall represent the
interests of
business and development, and two
shall represent
statewide
environmental advocacy organizations. The members
appointed by
the governor shall reflect the demographic and
economic diversity
of the population of the state. Additionally,
the governor's
appointments shall represent all areas of the
state.
All
appointments to the council shall be made not later
than one hundred twenty
days after
July 26, 2001.
(B) The members appointed by the president of the senate
and
speaker of
the
house of representatives shall serve at the
pleasure of
their
appointing authorities. Of the initial members
appointed by
the
governor to the clean Ohio council, four shall be
appointed
for
two years and three shall be appointed for one year.
Thereafter,
terms of office for members appointed by the governor
shall be for
two years, with each term ending on the same day of
the same month
as did the term that it succeeds. Each of those
members shall
hold office from the date of appointment until the
end of the term
for which the member is appointed.
Members may be reappointed. Vacancies shall be filled in the
same manner as provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member was appointed shall hold office
for the remainder of that term. A member shall continue in office
after the expiration date of the member's term until the member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. The governor may remove a member
appointed by the governor for misfeasance, nonfeasance, or
malfeasance in office.
(C) The director of development governor shall appoint a member of the clean Ohio council to serve as the
chairperson of the clean Ohio council. The director of development shall serve as the vice-chairperson of the council unless appointed chairperson. If the director is appointed chairperson, the council annually shall select from among its members a vice-chairperson to serve while the director is chairperson. The council annually shall
select from among its members a vice-chairperson and a secretary
to keep a record of its proceedings. A majority vote of a quorum
of the
members of the council is necessary to take action on any
matter.
The council may adopt bylaws governing its operation,
including
bylaws that establish the frequency of meetings,
procedures for
reviewing eligible projects under sections 122.65
to 122.658 of the
Revised Code and policies and requirements
established under section
122.657 of the Revised
Code, and other
necessary procedures.
(D)
Members of the clean Ohio council shall be deemed to be
public officials or officers only for the purposes of section 9.86
and Chapters 102. and 2921. of the Revised Code. Serving as a
member of the clean Ohio council does not
constitute holding a
public office or position of employment
so as to constitute
grounds for removal
of
public officers or employees
serving as
members of the council
from their offices or positions of
employment.
Members of the
council shall file with the Ohio ethics
commission the disclosure
statement described in division (A) of
section 102.02 of the
Revised Code on the form prescribed by the
commission and be
subject to divisions (C) and (D) of that
section. Members of the
council shall serve without
compensation
for attending council
meetings,
but shall receive their actual and
necessary traveling
and other expenses incurred in the performance
of their official
duties in accordance with the rules of the
office of budget and
management.
(E) Members appointed by the governor
to represent the
interests of counties, townships, and municipal corporations do
not have a
conflict of interest
by virtue of their service in
the
position. For the purposes of this
division, "conflict of
interest" means the taking of any action
as a member
of the
council that affects a public agency the person serves as
an
officer or employee.
(F) The department of development shall provide office space
for the council. The council shall be assisted in its duties by
the staff of the department of development and the environmental
protection agency.
(G) Sections 101.82
to 101.87 of the Revised Code do not
apply to the clean Ohio council.
Sec. 122.658. (A) The clean Ohio revitalization fund is
hereby
created in the state treasury. The fund shall consist of
moneys
credited to it pursuant to section 151.40 of the Revised
Code. Moneys in
the fund
shall be used to make grants or loans
for projects that
have been
approved
by the clean Ohio council in
accordance with
section
122.653 of
the
Revised Code, except that
the council
annually
shall devote
twenty per cent of the net
proceeds of
obligations deposited in the clean
Ohio
revitalization
fund for
the purposes of
section 122.656 of the Revised Code.
Moneys in the clean Ohio revitalization fund may be used to
pay
reasonable
costs incurred by the department of development and
the environmental protection agency in administering
sections
122.65 to
122.658 of the Revised Code. All investment
earnings of
the fund
shall be credited to the fund. For two years after
July
26, 2001, investment
Investment earnings
credited to
the clean Ohio
revitalization fund may be used to pay
costs
incurred by the
department
of
development and the
environmental
protection agency
pursuant to
sections 122.65 to
122.658 of the
Revised Code.
The department of
development
shall administer the clean Ohio
revitalization fund in
accordance with this
section, policies and
requirements established
under section 122.657
of the Revised
Code,
and the terms of
agreements entered into by
the council
under
section 122.653 of
the
Revised Code.
(B) Grants awarded and loans made under section 122.653 of
the Revised Code
shall provide not more than seventy-five per cent
of the estimated
total cost of a project. A grant or loan to any
one project shall not
exceed three million dollars. An applicant
shall provide at least
twenty-five per cent of the estimated total
cost of a project. The
applicant's share may consist of one or a
combination of any of
the following:
(1) Payment of the cost of acquiring the property for the
purposes of sections 122.65 to 122.658
of the Revised Code;
(2) Payment of the reasonable cost of an assessment at the
property;
(3) The reasonable value, as determined by the council, of
labor and materials that will be contributed by the applicant in
performing the cleanup or remediation;
(4) Moneys received by the applicant in any form for use in
performing the cleanup or remediation;
(5) Loans secured by the applicant for the purpose of the
cleanup or remediation of the brownfield.
Costs that were incurred more than two years prior to the
submission of an application to the clean Ohio council for the
acquisition of property, assessments, and labor and materials
shall not be used as part of the applicant's matching share.
(C) The department of development shall not make any payment
to an applicant from the clean Ohio revitalization fund to pay
costs of the applicant that were not included in an application
for a grant or loan under section 122.653 of the Revised Code or
that
exceed the amount of the estimated total cost of the project
included in the application. If, upon completion of a project,
the costs of the project are less than the amounts included in the
application, the amounts included in the application less the
amounts of the actual costs of the project shall be credited to
the clean Ohio revitalization fund. However, the amounts credited
shall be equivalent in percentage to the percentage of the costs
of the project that were to be funded by the grant or loan from
the fund.
(D) Grants awarded or loans made under section 122.653 of
the Revised
Code from the clean Ohio revitalization fund shall be
used by an
applicant only to pay the costs of the actual cleanup
or
remediation of a brownfield and shall not be used by an
applicant
to pay any administrative costs incurred by the
applicant. Costs
related to the use of a certified professional
for purposes of
section 122.654 of the Revised Code are not
administrative costs
and may be paid with moneys from grants
awarded or loans made under section
122.653 of the Revised Code.
(E)
The portion of net proceeds of obligations devoted
under division
(A) of this section for the purposes of section
122.656 of the Revised Code shall be used to make
grants for
assessments, cleanup or remediation of brownfields, and
public
health projects that have been approved by the director
of
development under that section. The
department of development
shall
administer section 122.656 of the Revised Code in
accordance
with
this section, policies and requirements
established under
section
122.657
of the
Revised Code, and the
terms of agreements
entered
into by
the
director under section
122.656 of the Revised
Code.
The director shall not grant more than twenty-five million
dollars
for public health projects under section 122.656 of the
Revised
Code.
(F) Grants awarded under section 122.656 of the Revised Code
shall be used by an
applicant
only to pay the costs of actually
conducting an
assessment, a cleanup or remediation of a
brownfield, or
a public
health project
and shall not be used by an
applicant to pay any
administrative
costs incurred by the
applicant. Costs related to
the use of a
certified professional
for purposes of section
122.654 of the
Revised Code are not
administrative costs and may
be paid with
moneys from grants
awarded under section 122.656 of
the Revised
Code.
(G)(1) The clean Ohio revitalization revolving loan fund is
hereby created in the state treasury. Payments of principal and
interest on loans made from the clean Ohio revitalization fund
shall be credited to this revolving loan fund, as shall payments
of principal and interest on loans made from the revolving loan
fund itself. The revolving loan fund's investment earnings shall
be credited to it.
(2) The clean Ohio revitalization revolving loan fund shall
be used to make loans for the same purposes and subject to the
same policies, requirements, criteria, and application procedures
as loans made from the clean Ohio revitalization fund.
Sec. 122.87. As used in sections 122.87 to 122.89 122.90 of the Revised Code:
(A) "Surety company" means a company that is authorized by the department of
insurance to issue bonds as surety.
(B) "Minority business" means any of the following occupations:
(1) Minority construction contractor;
(3) Minority service vendor.
(C) "Minority construction contractor" means a person who is both a
construction contractor and an
owner of a minority business enterprise certified under division (B) of
section 123.151 of the Revised Code.
(D) "Minority seller" means a person who is both a seller of goods and an
owner of a minority business enterprise listed on the special minority
business enterprise bid notification list under division (B) of section 125.08
of the Revised Code.
(E) "Minority service vendor" means a person who is both a vendor of services
and an owner of a minority business enterprise listed on the special minority
business enterprise bid notification list under division (B) of section 125.08
of the Revised Code.
(F) "Minority business enterprise" has the meaning given in section 122.71 of
the Revised Code.
(G) "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the director of administrative services under section 123.152 of the Revised Code.
Sec. 122.88. (A) There is hereby created in the state
treasury the minority business bonding fund, consisting of
moneys deposited or credited to it pursuant to section 169.05 of
the Revised Code; all grants, gifts, and contributions received
pursuant to division (B)(9) of section
122.74 of the Revised Code;
all moneys recovered following defaults; and any other moneys
obtained by the director of development for the purposes of
sections 122.87 to 122.89 122.90 of the Revised Code. The fund shall be
administered by the director. Moneys in the fund shall be held
in trust for the purposes of sections 122.87 to 122.89 122.90 of the
Revised Code.
(B) Any claims against the state arising from defaults
shall be payable from the minority business bonding program
administrative and loss reserve fund as provided in division (C)
of this section or from the minority business bonding fund.
Nothing in sections 122.87 to 122.89 122.90 of the Revised Code grants
or pledges to any obligee or other person any state moneys other
than the moneys in the minority business bonding program
administrative and loss reserve fund or the minority business
bonding fund, or moneys available to the minority business
bonding fund upon request of the director in accordance with
division (B) of section 169.05 of the Revised Code.
(C) There is hereby created in the state treasury the
minority business bonding program administrative and loss
reserve fund, consisting of all premiums charged and collected in
accordance with section 122.89 of the Revised Code and any
interest income earned from the moneys in the minority
business bonding fund. All expenses of the director and the
minority development financing advisory board in carrying out the
purposes of sections 122.87 to 122.89 122.90 of the Revised Code shall
be paid from the minority business bonding program
administrative and loss reserve fund.
Any moneys to the credit of the minority business
bonding program administrative and loss reserve fund in excess of
the amount necessary to fund the appropriation authority for the
minority business bonding program administrative and loss
reserve fund shall be held as a loss reserve to pay claims
arising from defaults on surety bonds underwritten in accordance
with section 122.89 of the Revised Code or guaranteed in accordance with section 122.90 of the Revised Code. If the balance of funds
in the minority business bonding program administrative and
loss reserve fund is insufficient to pay a claim against the
state arising from default, then such claim shall be payable from
the minority business bonding fund.
Sec. 122.90. (A) The director of development may guarantee bonds executed by sureties for minority businesses and EDGE business enterprises certified under section 123.152 of the Revised Code as principals on contracts with the state, any political subdivision or instrumentality, or any person as the obligee. The director, as guarantor, may exercise all the rights and powers of a company authorized by the department of insurance to guarantee bonds under Chapter 3929. of the Revised Code but otherwise is not subject to any laws related to a guaranty company under Title XXXIX of the Revised Code nor to any rules of the department of insurance.
(B) The director shall adopt rules under Chapter 119. of the Revised Code to establish procedures for the application for bond guarantees and the review and approval of applications for bond guarantees submitted by sureties that execute bonds eligible for guarantees under division (A) of this section.
(C) In accordance with rules adopted pursuant to this section, the director may guarantee up to ninety per cent of the loss incurred and paid by sureties on bonds guaranteed under division (A) of this section.
(D) The penal sum amounts of all outstanding guarantees made by the director under this section shall not exceed three times the difference between the amount of moneys in the minority business bonding fund and available to the fund under division (B) of section 169.05 of the Revised Code and the amount of all outstanding bonds issued by the director in accordance with division (A) of section 122.89 of the Revised Code.
Sec. 123.01. (A) The department of administrative
services, in addition to those powers enumerated in Chapters 124.
and 125. of the Revised Code, and as provided elsewhere by law,
shall exercise the following powers:
(1) To prepare, or contract to be prepared, by licensed
engineers or architects, surveys, general and detailed plans,
specifications, bills of materials, and estimates of cost for any
projects, improvements, or public buildings to be constructed by
state agencies that may be authorized by legislative
appropriations or any other funds made available therefor,
provided that the construction of the projects, improvements, or
public buildings is a statutory duty of the department. This
section does not require the independent employment of an
architect or engineer as provided by section 153.01 of the
Revised Code in the cases to which that section applies nor
affect or alter the existing powers of the director of
transportation.
(2) To have general supervision over the construction of
any projects, improvements, or public buildings constructed for a
state agency and over the inspection of materials previous to
their incorporation into those projects, improvements, or
buildings;
(3) To make contracts for and supervise the construction
of any projects and improvements or the construction and repair
of buildings under the control of a state agency, except
contracts for the repair of buildings under the management and
control of the departments of public safety, job and
family services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the bureau of
workers' compensation, the
rehabilitation
services commission, and boards of trustees of educational and
benevolent institutions. These contracts shall be made and
entered into by the directors of public safety, job and
family services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the
administrator of workers' compensation, the rehabilitation services commission,
and the
boards of
trustees of such institutions, respectively. All such contracts
may be in whole or in part on unit price basis of maximum
estimated cost, with payment computed and made upon actual
quantities or units.
(4) To prepare and suggest comprehensive plans for the
development of grounds and buildings under the control of a state
agency;
(5) To acquire, by purchase, gift, devise, lease, or
grant, all real estate required by a state agency, in the
exercise of which power the department may exercise the power of
eminent domain, in the manner provided by sections 163.01 to
163.22 of the Revised Code;
(6) To make and provide all plans, specifications, and
models for the construction and perfection of all systems of
sewerage, drainage, and plumbing for the state in connection with
buildings and grounds under the control of a state agency;
(7) To erect, supervise, and maintain all public monuments
and memorials erected by the state, except where the supervision
and maintenance is otherwise provided by law;
(8) To procure, by lease, storage accommodations for a
state agency;
(9) To lease or grant easements or licenses for
unproductive and unused lands or other property under the control
of a state agency. Such leases, easements, or licenses shall be
granted for a period not to exceed fifteen years and shall be
executed for the state by the director of administrative services
and the governor and shall be approved as to form by the attorney
general, provided that leases, easements, or licenses may be
granted to any county, township, municipal corporation, port
authority, water or sewer district, school district, library
district, health district, park district, soil and water
conservation district, conservancy district, or other political
subdivision or taxing district, or any agency of the United
States government, for the exclusive use of that agency,
political subdivision, or taxing district, without any right of
sublease or assignment, for a period not to exceed fifteen years,
and provided that the director shall grant leases, easements, or
licenses of university land for periods not to exceed twenty-five
years for purposes approved by the respective university's board
of trustees wherein the uses are compatible with the uses and
needs of the university and may grant leases of university land
for periods not to exceed forty years for purposes approved by
the respective university's board of trustees pursuant to section
123.77 of the Revised Code.
(10) To lease office space in buildings for the use of a
state agency;
(11) To have general supervision and care of the
storerooms, offices, and buildings leased for the use of a state
agency;
(12) To exercise general custodial care of all real
property of the state;
(13) To assign and group together state offices in any
city in the state and to establish, in cooperation with the state
agencies involved, rules governing space requirements for office
or storage use;
(14) To lease for a period not to exceed forty years,
pursuant to a contract providing for the construction thereof
under a lease-purchase plan, buildings, structures, and other
improvements for any public purpose, and, in conjunction
therewith, to grant leases, easements, or licenses for lands
under the control of a state agency for a period not to exceed
forty years. The lease-purchase plan shall provide that at the
end of the lease period, the buildings, structures, and related
improvements, together with the land on which they are situated,
shall become the property of the state without cost.
(a) Whenever any building, structure, or other improvement
is to be so leased by a state agency, the department shall retain
either basic plans, specifications, bills of materials, and
estimates of cost with sufficient detail to afford bidders all
needed information or, alternatively, all of the following plans,
details, bills of materials, and specifications:
(i) Full and accurate plans suitable for the use of
mechanics and other builders in the improvement;
(ii) Details to scale and full sized, so drawn and
represented as to be easily understood;
(iii) Accurate bills showing the exact quantity of
different kinds of material necessary to the construction;
(iv) Definite and complete specifications of the work to
be performed, together with such directions as will enable a
competent mechanic or other builder to carry them out and afford
bidders all needed information;
(v) A full and accurate estimate of each item of expense
and of the aggregate cost thereof.
(b) The department shall give public notice, in such
newspaper, in such form, and with such phraseology as the
director of administrative services prescribes, published once
each week for four consecutive weeks, of the time when and place
where bids will be received for entering into an agreement to
lease to a state agency a building, structure, or other
improvement. The last publication shall be at least eight days
preceding the day for opening the bids. The bids shall contain
the terms upon which the builder would propose to lease the
building, structure, or other improvement to the state agency.
The form of the bid approved by the department shall be used, and
a bid is invalid and shall not be considered unless that form is
used without change, alteration, or addition. Before submitting
bids pursuant to this section, any builder shall comply with
Chapter 153. of the Revised Code.
(c) On the day and at the place named for receiving bids
for entering into lease agreements with a state agency, the
director of administrative services shall open the bids and shall
publicly proceed immediately to tabulate the bids upon duplicate
sheets. No lease agreement shall be entered into until the
bureau of workers' compensation has certified that the person to
be awarded the lease agreement has complied with Chapter 4123. of
the Revised Code, until, if the builder submitting the lowest and
best bid is a foreign corporation, the secretary of state has
certified that the corporation is authorized to do business in
this state, until, if the builder submitting the lowest and best
bid is a person nonresident of this state, the person has filed
with the secretary of state a power of attorney designating the
secretary of state as its agent for the purpose of accepting
service of summons in any action brought under Chapter 4123. of
the Revised Code, and until the agreement is submitted to the
attorney general and the attorney general's approval is certified
thereon. Within
thirty days after the day on which the bids are received, the
department shall investigate the bids received and shall
determine that the bureau and the secretary of state have made
the certifications required by this section of the builder who
has submitted the lowest and best bid. Within ten days of the
completion of the investigation of the bids, the department shall
award the lease agreement to the builder who has submitted the
lowest and best bid and who has been certified by the bureau and
secretary of state as required by this section. If bidding for
the lease agreement has been conducted upon the basis of basic
plans, specifications, bills of materials, and estimates of
costs, upon the award to the builder the department, or the
builder with the approval of the department, shall appoint an
architect or engineer licensed in this state to prepare such
further detailed plans, specifications, and bills of materials as
are required to construct the building, structure, or
improvement. The department shall adopt such rules as are
necessary to give effect to this section. The department may
reject any bid. Where there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein shall be rejected.
(15) To acquire by purchase, gift, devise, or grant and to
transfer, lease, or otherwise dispose of all real property
required to assist in the development of a conversion facility as
defined in section 5709.30 of the Revised Code as that section existed before its repeal by . B. of the 125th general assembly;
(16) To lease for a period not to exceed forty years,
notwithstanding any other division of this section, the
state-owned property located at 408-450 East Town Street,
Columbus, Ohio, formerly the state school for the deaf, to a
developer in accordance with this section. "Developer," as used
in this section, has the same meaning as in section 123.77 of the
Revised Code.
Such a lease shall be for the purpose of development of the
land for use by senior citizens by constructing, altering,
renovating, repairing, expanding, and improving the site as it
existed on June 25, 1982. A developer desiring to lease the land
shall prepare for submission to the department a plan for
development. Plans shall include provisions for roads, sewers,
water lines, waste disposal, water supply, and similar matters to
meet the requirements of state and local laws. The plans shall
also include provision for protection of the property by
insurance or otherwise, and plans for financing the development,
and shall set forth details of the developer's financial
responsibility.
The department may employ, as employees or consultants,
persons needed to assist in reviewing the development plans.
Those persons may include attorneys, financial experts,
engineers, and other necessary experts. The department shall
review the development plans and may enter into a lease if it
finds all of the following:
(a) The best interests of the state will be promoted by
entering into a lease with the developer;
(b) The development plans are satisfactory;
(c) The developer has established the developer's financial
responsibility and satisfactory plans for financing the
development.
The lease shall contain a provision that construction or
renovation of the buildings, roads, structures, and other
necessary facilities shall begin within one year after the date
of the lease and shall proceed according to a schedule agreed to
between the department and the developer or the lease will be
terminated. The lease shall contain such conditions and
stipulations as the director considers necessary to preserve the
best interest of the state. Moneys received by the state
pursuant to this lease shall be paid into the general revenue
fund. The lease shall provide that at the end of the lease
period the buildings, structures, and related improvements shall
become the property of the state without cost.
(17) To lease to any person any tract of land owned by the
state and under the control of the department, or any part of
such a tract, for the purpose of drilling for or the pooling of
oil or gas. Such a lease shall be granted for a period not
exceeding forty years, with the full power to contract for,
determine the conditions governing, and specify the amount the
state shall receive for the purposes specified in the lease, and
shall be prepared as in other cases.
(B) This section and section 125.02 of the Revised Code
shall not interfere with any of the following:
(1) The power of the adjutant general to purchase military
supplies, or with the custody of the adjutant general of property
leased, purchased, or constructed by the state and used for
military purposes, or with the functions of the adjutant general
as director of state armories;
(2) The power of the director of transportation in
acquiring rights-of-way for the state highway system, or the
leasing of lands for division or resident district offices, or
the leasing of lands or buildings required in the maintenance
operations of the department of transportation, or the purchase of
real property
for garage sites or division or resident district offices, or in
preparing plans and specifications for and constructing such
buildings as the director may require in the administration of
the department;
(3) The power of the director of public safety and the
registrar of motor vehicles to purchase or lease real property
and buildings to be used solely as locations to which a deputy
registrar is assigned pursuant to division (B) of section
4507.011 of the Revised Code and from which the deputy registrar is
to conduct the deputy registrar's business, the power of the director of
public safety to purchase or lease real property and buildings to be used as
locations for division or district offices as required in the maintenance of
operations of the department of public safety, and the power of the
superintendent of the state
highway patrol in the purchase or leasing of real property and
buildings needed by the patrol, to negotiate the sale of real property owned
by the patrol, to rent or lease real property owned or leased by the patrol,
and to make or cause to be made repairs to all property owned or under the
control of the patrol;
(4) The power of the division of liquor control in the
leasing or purchasing of retail outlets and warehouse facilities
for the use of the division;
(5) The power of the director of development to enter into leases
of real property, buildings, and office space to be used solely as locations
for the state's foreign offices to carry out the purposes of section 122.05
of the Revised Code.
(C) Purchases for, and the custody and repair of,
buildings under the management and control of the capitol square
review and advisory board, the rehabilitation services commission, the bureau of
workers' compensation, or the
departments of public safety,
job and family services, mental health, mental retardation
and
developmental disabilities, and rehabilitation and correction,
and buildings of educational and benevolent institutions under
the management and control of boards of trustees, are not subject
to the control and jurisdiction of the department of
administrative services.
(D) Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 123.152. (A) As used in this section, "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the director of administrative services under this section of the Revised Code.
(B) The director of administrative services shall establish a business assistance program known as the encouraging diversity, growth, and equity program and shall adopt rules in accordance with Chapter 119. of the Revised Code to administer the program and that do all of the following:
(1) Establish procedures by which a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture may apply for certification as an EDGE business enterprise;
(2) Establish agency procurement goals for contracting with EDGE business enterprises in the award of contracts under Chapters 123., 125., and 153. of the Revised Code based on the availability of eligible program participants by region or geographic area, as determined by the director, and by standard industrial code.
(a) Goals established under division (B)(2) of this section shall be based on a percentage level of participation and a percentage of contractor availability.
(b) Goals established under division (B)(2) of this section shall be applied at the contract level, relative to an overall dollar goal for each state agency, in accordance with the following certification categories: construction, architecture, and engineering; professional services; goods and services; and information technology services.
(3) Establish a system of certifying EDGE business enterprises based on a requirement that the business owner or owners show both social and economic disadvantage based on the following, as determined to be sufficient by the director:
(a) Relative wealth of the business seeking certification as well as the personal wealth of the owner or owners of the business;
(b) Social disadvantage based on any of the following:
(i) A rebuttable presumption when the business owner or owners demonstrate membership in a racial minority group or show personal disadvantage due to color, ethnic origin, gender, physical disability, long-term residence in an environment isolated from the mainstream of American society, location in an area of high unemployment;
(ii) Some other demonstration of personal disadvantage not common to other small businesses;
(iii) By business location in a qualified census tract.
(c) Economic disadvantage based on economic and business size thresholds and eligibility criteria designed to stimulate economic development through contract awards to businesses located in qualified census tracts.
(4) Establish standards to determine when an EDGE business enterprise no longer qualifies for EDGE business enterprise certification;
(5) Develop a process for evaluating and adjusting goals established by this section to determine what adjustments are necessary to achieve participation goals established by the director;
(6) Establish a point system to evaluate bid proposals to encourage EDGE business enterprises to participate in the procurement of professional design and information technology services;
(7) Establish a system to track data and analyze each certification category established under division (B)(2)(b) of this section;
(8) Establish a process to mediate complaints and to review EDGE business enterprise certification appeals;
(9) Implement an outreach program to educate potential participants about the encouraging diversity, growth, and equity program;
(10) Establish a system to assist state agencies in identifying and utilizing EDGE business enterprises in their contracting processes;
(11) Implement a system of self-reporting by EDGE business enterprises as well as an on-site inspection process to validate the qualifications of an EDGE business enterprise;
(12) Establish a waiver mechanism to waive program goals or participation requirements for those companies that, despite their best-documented efforts, are unable to contract with certified EDGE business enterprises;
(13) Establish a process for monitoring overall program compliance in which equal employment opportunity officers primarily are responsible for monitoring their respective agencies.
(C) Not later than December 31, 2003, the director of administrative services shall prepare a detailed report to the governor outlining and evaluating the progress made in implementing the encouraging diversity, growth, and equity program.
Sec. 123.153. The director of development shall do all of the following with regard to the encouraging diversity, growth, and equity program created under section 123.152 of the Revised Code:
(A) Conduct outreach, marketing, and recruitment of EDGE business enterprises;
(B) Provide assistance to the department of administrative services, as needed, to certify new EDGE business enterprises and to train appropriate state agency staff;
(C) Provide business development services to EDGE business enterprises in the developmental and transitional stages of the program, including financial and bonding and management and technical assistance;
(D) Develop a mentor program to bring businesses into a working relationship with EDGE business enterprises in a way that commercially benefits both entities and serves the purpose of the EDGE program;
(E) Not later than December 31, 2003, prepare a detailed report to the governor outlining and evaluating the progress made in implementing the encouraging diversity, growth, and equity program;
(F) Establish processes by which an EDGE business enterprise may apply for contract assistance, financial and bonding assistance, management and technical assistance, and mentoring opportunities.
Sec. 124.03. The state personnel board of review shall
exercise the following powers and perform the following duties:
(A) Hear appeals, as provided by law, of employees in the
classified state service from final decisions of appointing
authorities or the director of administrative services relative
to reduction in pay or position, job abolishments, layoff,
suspension, discharge, assignment or reassignment to a new or
different position classification, or refusal of the director, or
anybody authorized to perform the director's functions, to
reassign an employee to another classification or to reclassify the
employee's position with or without a job audit under division
(D) of section 124.14 of the Revised Code. As used in this
division, "discharge" includes disability
separations. The
The board may affirm,
disaffirm, or modify the decisions of the appointing authorities
or the director, as the case may be, and its decision is final. The
board's decisions shall be consistent with the applicable classification
specifications. The
The board shall not be deprived of jurisdiction to
hear any appeal due to the failure of an appointing authority to file its
decision with the board. Any final decision of an appointing
authority or of the director not filed in the manner provided in
this chapter shall be disaffirmed. The
The board may place an exempt employee,
as defined in section 124.152 of the Revised Code, into a bargaining unit
classification, if the board determines that the bargaining unit
classification is the proper classification for that employee.
Notwithstanding Chapter 4117. of the Revised Code or instruments and contracts
negotiated under it, such placements are at the board's discretion.
In any hearing before the board, including any hearing at
which a record is taken that may be the basis of an appeal to a
court, an employee may be represented by a person permitted to
practice before the board who is not an attorney at law so as long
as the person does not receive any compensation from the employee
for such the representation.
(B) Hear appeals, as provided by law, of appointing
authorities from final decisions of the director relative to the
classification or reclassification of any position in the
classified state service under the jurisdiction of such
that appointing authority. The board may affirm, disaffirm, or modify
the decisions of the director, and its decision is final. The
board's
decisions shall be consistent with the applicable classification
specifications.
(C) Exercise the authority provided by section 124.40 of
the Revised Code, for appointment, removal, and supervision of
municipal and civil service township civil service commissions;
(D) Appoint a secretary, referees, examiners, and whatever
other employees are necessary in the exercise of its powers and
performance of its duties and functions. The board shall
determine appropriate education and experience requirements for
its secretary, referees, examiners, and other employees and shall
prescribe their duties. A referee or examiner does not need to
have been admitted to the practice of law.
(E) Maintain a journal which that shall be open to public
inspection, in which it shall keep a record of all of its
proceedings and of the vote of each of its members upon every
action taken by it;
(F) Adopt rules in accordance with Chapter 119. of the
Revised Code relating to the procedure of the board in
administering the laws which it has the authority or duty to
administer and for the purpose of invoking the jurisdiction of
the board in hearing appeals of appointing authorities and
employees in matters set forth in divisions (A) and (B) of this
section;
(G) Subpoena and require the attendance and testimony of
witnesses and the production of books, papers, public records,
and other documentary evidence pertinent to any matter which it
has authority to investigate, inquire into, or hear in the same
manner and to the same extent as provided by division (G) of
section 124.09 of the Revised Code. All witness fees shall be
paid in the manner set forth in that division.
(H) The board shall be funded by general revenue fund
appropriations. All moneys received by the board for copies of
documents, rule books, and transcriptions shall be paid into the
state treasury to the credit of the transcript and other
documents fund, which is hereby created to defray the cost of
furnishing or making available such copies, rule books, and
transcriptions producing an administrative record.
Sec. 125.05. Except as provided in division (E) of this
section, no state agency shall purchase any supplies or
services except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state agency may, without
competitive selection, make any purchase of services that cost fifty thousand
dollars or less or any purchase of supplies that cost twenty-five thousand
dollars or less. The agency may make the purchase directly or may make the
purchase from or through the department of administrative services, whichever
the agency determines. The
department
shall establish written procedures to assist state agencies when
they make
direct purchases. If the agency makes the purchase directly, it
shall make the purchase by a term contract whenever possible.
(B) Subject to division (D) of this section, a state agency
wanting to purchase services that cost more than
fifty thousand dollars or supplies that cost more than
twenty-five thousand dollars shall, unless otherwise authorized by law, make
the purchase from or through the department. The department shall make the
purchase by competitive selection under section 125.07 of the
Revised Code. If the director of administrative services determines that it
is not possible or not advantageous to the state for the department to make
the purchase, the department shall grant the agency a release and permit under
section 125.06 of the Revised Code to make the purchase. Section 127.16 of
the Revised Code does not apply to purchases the department makes under this
section.
(C) An agency that has been granted a release and permit to make
a purchase may make the purchase without competitive selection if after making
the purchase the cumulative purchase threshold as computed under division (F)
of section 127.16 of the Revised Code would:
(1) Be exceeded and the controlling board approves the purchase;
(2) Not be exceeded and the department of administrative
services approves the purchase.
(D) Not later than January 31, 1997, the amounts
specified in divisions (A) and (B) of this section and, not
later than the thirty-first day of January of each second year
thereafter, any amounts computed by adjustments made under this division,
shall be increased or decreased by the average percentage increase or decrease
in the consumer price index prepared by the United States
bureau of labor statistics (U.S. City
Average for Urban Wage Earners and Clerical Workers: "All Items
1982-1984=100") for the twenty-four calendar month period prior to the
immediately preceding first day of January over the immediately
preceding twenty-four calendar month period, as reported by the bureau. The
director of administrative services shall make this determination and adjust
the appropriate amounts accordingly.
(E) If the Ohio SchoolNet
commission, the department of education,
or the Ohio education computer
network determines that it can purchase software services or supplies for
specified school districts at a price less than the price for which the
districts could purchase the same software services or supplies for
themselves, the office, department, or network shall certify that fact to the
department of administrative services and, acting as an agent for the
specified school districts, shall make that purchase without following the
provisions in divisions (A) to (D) of this section.
Sec. 125.15. All state agencies required
to secure any equipment, materials, supplies, or services, or contracts of
insurance from the department of administrative services shall make
acquisition in the manner and upon forms prescribed by the
director of administrative services and shall reimburse the department for the
equipment, materials, supplies, or services, or contracts of insurance, including
a reasonable sum to cover the department's administrative costs,
whenever
reimbursement is required by the department. The money so paid shall be
deposited in the state treasury to the credit of the
general services fund or the information
technology fund, as appropriate. Such Those funds
are hereby created.
Sec. 125.91. As used in sections 125.92 to 125.98 of the Revised Code:
(A) "State
agency" includes every department, bureau, board, commission, office, or other
organized body established by the constitution and laws of the state for the
exercise of any function of state government, but does not include any
state-supported institution of higher education, the general assembly or any
legislative agency, the attorney general, the auditor of state, the secretary
of state, the treasurer of state, the bureau of workers' compensation, any
court or judicial agency, or any political subdivision or agency thereof of a political subdivision.
(B) "Form" means any document, device, or item used to convey information,
regardless of medium, that has blank spaces for the insertion of information
and that may have a predetermined format and data elements to guide the entry,
interpretration interpretation, and use of the information. "Form"
does not include letterheads, envelopes, labels, tags, tickets, or note pads,
or forms mandated by the federal government, but does include all
computer-generated forms except those mandated by the federal government. As
used in sections 125.931 to 125.935 of the Revised Code, "form" applies only
to a form that is used by a state agency and that is completed in whole or in
part by private business, political subdivisions, or the public.
Sec. 125.92. There is hereby established in the department of administrative
services a state forms management control center program, which shall be under the
control and supervision of the director of administrative services, who shall
appoint an administrator of the center or the director's designee.
The center state forms management program shall develop, implement, and maintain a statewide forms management
program that involves be developed, implemented, and maintained for all state agencies and is be designed to simplify,
consolidate, or eliminate, when expedient, forms, surveys, and other documents
used by state agencies. In developing the program, particular emphasis shall
be placed upon determining the actual need for any information, records, and
reports sought from private business, agriculture, and local governments
through the use of such forms, surveys, and other documents.
Sec. 125.93. The state forms management control center program
shall do each of the following:
(A) Assist state agencies in establishing internal forms
management capabilities;
(B) Study, develop, coordinate, and initiate forms of
interagency and common administrative usage, and establish basic
design and specification criteria to standardize state forms;
(C) Assist state agencies to design economical forms and
compose art work for forms;
(D) Establish and supervise control procedures to prevent
the undue creation and reproduction of state forms;
(E) Assist, train, and instruct state agencies and their
forms management representatives in forms management techniques,
and provide direct forms management assistance to new state
agencies as they are created;
(F)(E) Maintain a central cross index forms repository of all state forms to
facilitate standardization of the forms, eliminate redundant
forms, and provide a central source of information on forms usage
and availability;
(G) Utilize existing functions within the department of
administrative services to design economical forms and compose
art work, as well as use appropriate procurement techniques to
take advantage of competitive selection, consolidated orders, and
contract procurement of forms;
(H) Conduct an annual evaluation of the effectiveness of
the forms management program and the forms management practices
of individual state agencies, and maintain records that indicate
dollar savings resulting from, and the number of forms
eliminated, simplified, or standardized through, centralized
forms management. The results of the evaluation shall be
reported to the speaker of the house of representatives and
president of the senate not later than the fifteenth day of
January each year. The center shall report on the first day of
each month to the state records administrator on its activities
during the preceding month.
Sec. 125.95. (A) The administrator of the state forms
management control center program may permit any state agency to manage
fully any forms used or proposed to be used by it, whenever the
administrator program determines that the delegation will result in the
most timely and economical method of accomplishing the objectives
of the forms management program as set forth in section 125.93 of
the Revised Code. A determination to delegate to a state agency
authority to manage forms may, among other matters, take into
consideration the benefits of central management of any form in
relation to the costs associated with such that management.
(B) To expedite the collection and disposition of general
state and local revenue, the administrator state forms management program shall permit, without
prior authorization, the tax commissioner to design, print or
have printed, distribute, and require the use of those forms
which that the tax commissioner determines are necessary for the
proper administration of those taxes and programs he the tax commissioner administers
except as provided in division (A) of section 4307.05 of the
Revised Code. The tax commissioner shall report to the
administrator program not later than fifteen days after the close of each
calendar quarter with respect to the forms activities occurring
within his the tax commissioner's agency during the preceding calendar quarter.
Sec. 125.96. The director of administrative services may
adopt, amend, or rescind rules necessary to carry out the powers
and duties imposed upon the state forms management control center
and its administrator program and state agencies by sections 125.92 to 125.98 of the Revised
Code. The director shall adopt, and may amend or rescind, rules
providing that each of the following:
(A) After a date to be determined by the administrator state forms management program, no
state agency shall utilize any form, other than a form subject to
division (B) of section 125.95 of the Revised Code, the
management of which has not been delegated to the agency by the
administrator program under division (A) of that section 125.95 of the Revised
Code or that has not been approved by the center program.
(B) The notice required by section 125.97 of the Revised
Code shall appear in a standard place and a standard manner on
each form to which the notice applies, and shall include
specified indicia of approval by the administrator state forms management program.
(C) Any form required by a state agency on an emergency
basis may be given interim approval by the administrator state forms management program if the
form is accompanied by a letter from the director or other head
of the agency setting forth the nature of the emergency and
requesting interim approval.
Sec. 125.98. (A) Each state agency shall appoint a forms
management representative, who may be from existing personnel. The appointee
shall cooperate with, and provide other
necessary assistance to, the director of administrative services and the
administrator of the state forms management control center program in implementing the
state forms management program. A forms management representative shall do
all of the following:
(1) Manage the agency's forms management program and cooperate with and
provide other necessary assistance to the director of administrative services
in implementing the state forms management program;
(2) Monitor the use and reproduction of all forms to ensure that all
policies, procedures, guidelines, and standards established by the agency and
the director of administrative services are followed;
(3) Ensure that every form used by the agency is presented to the state forms
management control center program for registration prior to its reproduction;
(4) Maintain a master forms file history file, in numeric order, of all
agency forms;
(5) Verify and update the information on all forms computer file reports
returned to the agency by the state forms management control center in the central forms repository database.
(B) Any state agency, as such term is defined in section 1.60 of the Revised
Code,
not included within the definition of a state agency in section 125.91 of the
Revised Code may elect to participate in the state forms management program. The center program may provide
to any such agency any service required or authorized by sections 125.92 to
125.98 of the Revised Code to be performed for a state agency.
Sec. 126.11. (A)(1) The director of budget and management
shall, upon consultation with
the treasurer of state, coordinate
and approve the scheduling of
initial sales of publicly
offered
securities of the state and of
publicly
offered fractionalized
interests in or securitized issues of public
obligations of the
state. The
director shall from time to time develop and
distribute to
state issuers an approved sale schedule for each of
the obligations covered by division (A) or (B) of this section.
Division (A) of this section
applies
only to
those obligations on
which the state or a
state agency is
the direct obligor or obligor
on any backup
security or related
credit enhancement facility or
source of money
subject to state
appropriations that is intended
for payment of
those obligations.
(2) The issuers of obligations pursuant to section 151.03,
151.04, 151.05,
151.07, or 151.09 or Chapter 152. of the
Revised
Code shall submit to the director:
(a) For review and approval: the projected sale date,
amount, and
type of obligations proposed to be sold; their
purpose, security, and source
of payment; and the proposed
structure and maturity
schedule;
(b) For review and comment: the authorizing order or
resolution;
preliminary and final offering documents; method of
sale; preliminary and
final pricing information; and any written
reports or
recommendations of financial advisors or consultants
relating to
those obligations;
(c) Promptly after each sale of those obligations: final
terms,
including sale price, maturity schedule and yields, and
sources and uses;
names of the original purchasers or
underwriters; a copy
of the final offering document and of the
transcript of
proceedings; and any other pertinent information
requested by the
director.
(3) The issuer of obligations pursuant to section 151.06
,
151.08, or 151.40 or
Chapter 154. of the Revised
Code
shall
submit to the director:
(a) For review and mutual agreement: the projected
sale
date,
amount, and
type of obligations proposed to be sold; their
purpose, security, and source
of payment; and the proposed
structure and maturity
schedule;
(b) For review and comment: the authorizing order or
resolution;
preliminary and final offering documents; method of
sale; preliminary and
final pricing information; and any written
reports or
recommendations of financial advisors or consultants
relating to
those obligations;
(c) Promptly after each sale of those obligations: final
terms,
including sale price, maturity schedule and yields, and
sources and uses;
names of the original purchasers or
underwriters; a copy
of the final offering document and of the
transcript of
proceedings; and any other pertinent information
requested by the
director.
(4) The issuers of obligations pursuant to Chapter 166.,
4981.,
5507., 5540., or 6121., or section 5531.10, of the Revised Code
shall submit to the director:
(a) For review and comment: the projected sale date, amount,
and
type of obligations proposed to be sold; the purpose,
security, and
source of payment; and preliminary and final
offering documents;
(b) Promptly after each sale of those obligations: final
terms,
including a maturity schedule; names of the original
purchasers or
underwriters; a copy of the complete continuing
disclosure agreement pursuant to S.E.C. rule
15c2-12 or equivalent
rule as from time to time in effect;
and any other pertinent
information requested by the director.
(5) Not later than thirty days after
the end of a fiscal
year, each issuer of obligations subject to divisions (A)
and (B)
of this section shall submit to the director and to the treasurer
of
state a sale
plan for the then current fiscal year for each
type of obligation,
projecting the amount and term of each
issuance, the method of sale, and
the month of sale.
(B) Issuers of obligations
pursuant to section 3318.085 or
Chapter
175., 3366., 3706., 3737., 5537., 6121., or
6123.
of
the Revised Code
shall submit to the director
copies of
the
preliminary and final offering documents upon their
availability
if not previously submitted pursuant to division (A)
of this
section.
(C) Not later than the first day of January of each year,
every
state agency obligated to make payments on outstanding
public
obligations with respect to which fractionalized interests
have been publicly
issued, such as certificates of participation,
shall submit a
report to the director of the amounts payable from
state
appropriations under those public obligations during the
then current and next two fiscal years, identifying the
appropriation or intended appropriation from which payment is
expected to be made.
(D)(1) Information relating generally to the
historic,
current, or future demographics or economy or financial
condition
or funds or general operations of the state, and
descriptions of
any state contractual obligations relating to public
obligations,
to be contained in any offering
document, continuing disclosure
document, or written
presentation prepared, approved, or provided,
or committed to be provided, by an issuer in
connection with the
original issuance and sale of, or rating,
remarketing, or credit
enhancement facilities relating to, public
obligations
referred to
in division (A) of this section shall be approved as
to format and
accuracy by the director before
being presented, published, or
disseminated in preliminary, draft, or final form, or publicly
filed in
paper, electronic, or other format.
(2) Except for
information described in division (D)(1) of
this section that is
to be contained in an offering document,
continuing disclosure document, or
written presentation,
division
(D)(1) of this section does not inhibit direct
communication
between an issuer and a rating agency, remarketing
agent, or
credit enhancement provider concerning an issuance of public
obligations referred to in division (A) of this section or matters
associated with that issuance.
(3) The materials approved and provided pursuant to
division
(D)
of this section are the information relating to the particular
subjects
provided by the state or state agencies that are required
or contemplated by
any applicable
state or federal securities laws
and any commitments by the state
or state agencies made under
those laws. Reliance for the purpose
should not be placed on any
other information publicly provided,
in any format including
electronic, by any state agency for other
purposes, including
general information provided to the public or
to portions of the
public. A statement to that effect shall be
included in those
materials so approved or provided.
(E) Issuers of obligations
referred to in division (A) of
this section may take
steps, by formal agreement, covenants in the
proceedings, or otherwise, as may
be necessary or appropriate to
comply or permit compliance with applicable
lawful disclosure
requirements relating to those obligations, and may,
subject to
division (D) of this section, provide,
make available, or file
copies of any required
disclosure materials as necessary or
appropriate. Any such formal agreement or covenant relating to
subjects referred to in division (D) of this section, and any
description of that
agreement or covenant to be contained in any
offering document, shall be approved by the
director before being
entered into
or published or publicly disseminated in preliminary,
draft, or final
form or publicly filed
in paper, electronic, or
other format. The director shall be
responsible for making all
filings in compliance with those requirements
relating to direct
obligations of the state, including fractionalized
interests in
those obligations.
(F) No state agency or official shall, without the
approval
of the director
of budget and management, do either of the
following:
(1) Enter into or commit to enter into a public obligation
under which fractionalized interests in the payments are
to be
publicly offered, which payments are
anticipated to be made from
money from any source
appropriated or to be appropriated by the
general assembly or in which the
provision stated in section 9.94
of the Revised Code is not included;
(2) Except as otherwise expressly authorized for the purpose
by law, agree
or commit to provide, from money from any source to
be appropriated in
the future by the
general assembly, financial
assistance to or participation in the costs
of capital
facilities,
or the payment of debt charges, directly or by way of a
credit
enhancement facility, a reserve, rental payments, or
otherwise, on
obligations issued to pay costs
of capital facilities.
(G) As used in this section, "credit enhancement
facilities," "debt charges," "fractionalized
interests in public
obligations," "obligor," "public issuer," and "securities"
have
the same meanings as in section 133.01 of the Revised Code;
"public
obligation" has the same meaning as in division (GG)(2) of
section 133.01 of
the Revised Code; "obligations" means securities
or
public obligations or fractionalized interests in them;
"issuers"
means issuers of securities or state obligors on
public
obligations; "offering document" means an official
statement,
offering circular, private placement memorandum, or
prospectus, or
similar document; and "director" means the director
of budget and
management or the employee of the office of budget
and management
designated by the director for the purpose.
Sec. 127.16. (A) Upon the request of either a state
agency
or the director of budget and management and after the
controlling
board determines that an emergency or a sufficient
economic reason
exists, the controlling board may approve
the making of a purchase
without competitive selection as provided in
division (B) of this
section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that
would
amount to fifty thousand dollars or more when combined with
both
the amount of all disbursements to the supplier during the
fiscal
year for purchases made by the agency and the amount of
all
outstanding encumbrances for purchases made by the agency
from the
supplier, unless the purchase is made by competitive
selection or
with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the
supplier
during the fiscal year for real estate leases made by
the agency
and the amount of all outstanding encumbrances for
real estate
leases made by the agency from the supplier, unless
the lease is
made by competitive selection or with the approval
of the
controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code
or payments or provider
agreements under the
disability assistance medical assistance program
established under Chapter
5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized
records
of the amounts of money spent under each contract and
annually
files those records with the clerk of the
house of representatives
and the clerk of the senate following
the close of the fair;
(5) Limiting the authority of the chief of the division of
mineral resources management to contract
for reclamation work with
an operator
mining adjacent land as provided in section 1513.27 of
the
Revised Code;
(6) Applying to investment transactions and procedures of
any state agency, except that the agency shall file with the
board
the name of any person with whom the agency contracts to
make,
broker, service, or otherwise manage its investments, as
well as
the commission, rate, or schedule of charges of such
person with
respect to any investment transactions to be
undertaken on behalf
of the agency. The filing shall be in a
form and at such times as
the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation
services commission of services, or supplies, that are provided
to
persons with disabilities, or to purchases made by the
commission
in connection with the eligibility determinations it
makes for
applicants of programs administered by the social
security
administration;
(9) Applying to payments by the department of job and
family
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of
the
state government;
(11) Applying to agreements or contracts entered into under
section
5101.11, 5101.21, or 5101.211, 5101.212, or 5101.214 of the Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor
control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets,
newspapers, maintenance subscriptions, and other
published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental
protection to enter into contracts under division
(D) of section
3745.14 of the Revised Code to conduct compliance
reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency
pursuant to sections 4115.31 to 4115.35 of the Revised
Code;
(26) Applying to payments by the department of job and
family
services to the United States department of health and
human
services for printing and mailing notices pertaining to the
tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of
mental retardation and developmental disabilities under
sections
5123.18, 5123.182, and 5111.252 5123.199 of the Revised Code;
(28) Applying to payments made by the department of mental
health under a
physician recruitment program authorized by section
5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the
director of commerce for unclaimed funds collection and
remittance
efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of
unclaimed funds collected by those
persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher
education
in accordance with the terms of a contract
between the vendor and an
inter-university purchasing group
comprised of purchasing officers of state
institutions of higher
education;
(31) Applying to the department of job and family
services'
purchases of health
assistance services under the children's
health insurance program part
I provided for under section 5101.50
of the Revised Code or the children's
health
insurance program
part II provided for under section 5101.51
of the Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code;
(33) Applying to contracts with a contracting authority or
administrative receiver under division (G)(2) of section 5126.055
of the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the
cumulative purchase threshold shall be seventy-five thousand
dollars for the departments of mental retardation and
developmental disabilities, mental health, rehabilitation and
correction, and youth services.
(F) When determining whether a state agency has reached
the
cumulative purchase thresholds established in divisions
(B)(1),
(B)(2), and (E) of this section, all of the following
purchases by
such agency shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the thresholds of divisions (B)(1)
and (E) of this section only, leases of real estate.
(G) As used in this section,
"competitive selection,"
"purchase,"
"supplies," and
"services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 131.23. The various political subdivisions of this
state may issue bonds, and any indebtedness created by such
issuance shall not be subject to the limitations or included in
the calculation of indebtedness prescribed by sections 133.05,
133.06, 133.07, and 133.09 of the Revised Code, but such bonds
may be issued only under the following conditions:
(A) The subdivision desiring to issue such bonds shall
obtain from the county auditor a certificate showing the total
amount of delinquent taxes due and unpayable to such subdivision
at the last semiannual tax settlement.
(B) The fiscal officer of that subdivision shall prepare a
statement, from the books of the subdivision, verified by him the
fiscal officer
under oath, which shall contain the following facts of such
subdivision:
(1) The total bonded indebtedness;
(2) The aggregate amount of notes payable or outstanding
accounts of the subdivision, incurred prior to the commencement
of the current fiscal year, which shall include all evidences of
indebtedness issued by the subdivision except notes issued in
anticipation of bond issues and the indebtedness of any
nontax-supported public utility;
(3) Except in the case of school districts, the aggregate
current year's requirement for disability
financial assistance and disability medical assistance provided under Chapter 5115. of the Revised
Code that the subdivision is unable to finance except by the
issue of bonds;
(4) The indebtedness outstanding through the issuance of
any bonds or notes pledged or obligated to be paid by any
delinquent taxes;
(5) The total of any other indebtedness;
(6) The net amount of delinquent taxes unpledged to pay
any bonds, notes, or certificates, including delinquent
assessments on improvements on which the bonds have been paid;
(7) The budget requirements for the fiscal year for bond
and note retirement;
(8) The estimated revenue for the fiscal year.
(C) The certificate and statement provided for in
divisions (A) and (B) of this section shall be forwarded to the
tax commissioner together with a request for authority to issue
bonds of such subdivision in an amount not to exceed seventy per
cent of the net unobligated delinquent taxes and assessments due
and owing to such subdivision, as set forth in division (B)(6) of
this section.
(D) No subdivision may issue bonds under this section in
excess of a sufficient amount to pay the indebtedness of the
subdivision as shown by division (B)(2) of this section and,
except in the case of school districts, to provide funds for
disability financial assistance and disability medical assistance, as shown by
division (B)(3) of this section.
(E) The tax commissioner shall grant to such subdivision
authority requested by such subdivision as restricted by
divisions (C) and (D) of this section and shall make a record of
the certificate, statement, and grant in a record book devoted
solely to such recording and which shall be open to inspection by
the public.
(F) The commissioner shall immediately upon issuing the
authority provided in division (E) of this section notify the
proper authority having charge of the retirement of bonds of such
subdivision by forwarding a copy of such grant of authority and
of the statement provided for in division (B) of this section.
(G) Upon receipt of authority, the subdivision shall
proceed according to law to issue the amount of bonds authorized
by the commissioner, and authorized by the taxing authority,
provided the taxing authority of that subdivision may by
resolution submit to the electors of that subdivision the
question of issuing such bonds. Such resolution shall make the
declarations and statements required by section 133.18 of the
Revised Code. The county auditor and taxing authority shall
thereupon proceed as set forth in divisions (C) and (D) of such
section. The election on the question of issuing such bonds
shall be held under divisions (E), (F), and (G) of such section,
except that publication of the notice of such election shall be
made on four separate days prior to such election in one or more
newspapers of general circulation in the subdivisions. Such
bonds may be exchanged at their face value with creditors of the
subdivision in liquidating the indebtedness described and
enumerated in division (B)(2) of this section or may be sold as
provided in Chapter 133. of the Revised Code, and in either event
shall be uncontestable.
(H) The per cent of delinquent taxes and assessments
collected for and to the credit of the subdivision after the
exchange or sale of bonds as certified by the commissioner shall
be paid to the authority having charge of the sinking fund of the
subdivision, which money shall be placed in a separate fund for
the purpose of retiring the bonds so issued. The proper
authority of the subdivisions shall provide for the levying of a
tax sufficient in amount to pay the debt charges on all such
bonds issued under this section.
(I) This section is for the sole purpose of assisting the
various subdivisions in paying their unsecured indebtedness, and
providing funds for disability financial assistance and disability medical assistance. The bonds issued under authority
of this section shall not be
used for any other purpose and any exchange for other purposes,
or the use of the money derived from the sale of such bonds by
the subdivision for any other purpose, is misapplication of
funds.
(J) The bonds authorized by this section shall be
redeemable or payable in not to exceed ten years from date of
issue and shall not be subject to or considered in calculating
the net indebtedness of the subdivision. The budget commission
of the county in which the subdivision is located shall annually
allocate such portion of the then delinquent levy due such
subdivision which is unpledged for other purposes to the payment
of debt charges on the bonds issued under authority of this
section.
(K) The issue of bonds under this section shall be
governed by Chapter 133. of the Revised Code, respecting the
terms used, forms, manner of sale, and redemption except as
otherwise provided in this section.
The board of county commissioners of any county may issue
bonds authorized by this section and distribute the proceeds of
such bond issues to any or all of the cities and townships of
such counties, according to their relative needs for disability
financial assistance and disability medical assistance as determined by such county.
All sections of the Revised Code inconsistent with or
prohibiting the exercise of the authority conferred by this
section are inoperative respecting bonds issued under this
section.
Sec. 131.35. (A) With respect to the federal funds
received into any fund of the state from which transfers may be
made under division (D) of section 127.14 of the Revised Code:
(1) No state agency may make expenditures of any federal
funds, whether such funds are advanced prior to expenditure or as
reimbursement, unless such expenditures are made pursuant to
specific appropriations of the general assembly
identifying the federal program that is the source of
funds, are authorized pursuant to section 131.38 of the
Revised Code, are authorized by the
controlling board pursuant to division
(A)(5) of this section, or are authorized by an executive
order issued in accordance with section
107.17 of the Revised Code, and until an allotment has been
approved by the director of budget and management. All federal
funds received by a state agency shall be reported to the
director within fifteen days of the receipt of such funds or the
notification of award, whichever occurs first. The director
shall prescribe the forms and procedures to be used when
reporting the receipt of federal funds.
(2) If the federal funds received are greater than the
amount of such funds appropriated by the general assembly for a
specific purpose, the total appropriation of federal and state
funds for such purpose shall remain at the amount designated by
the general assembly, except that the expenditure of federal
funds received in excess of such specific appropriation may be
authorized by the controlling board.
(3) To the extent that the expenditure of excess federal
funds is authorized, the controlling board may transfer a like
amount of general revenue fund appropriation authority from the
affected agency to the emergency purposes appropriation of the
controlling board, if such action is permitted under federal
regulations.
(4) Additional funds may be created by the controlling
board to receive revenues not anticipated in an appropriations
act for the biennium in which such new revenues are received.
Expenditures from such additional funds may be authorized by the
controlling board, but such authorization shall not extend beyond
the end of the biennium in which such funds are created.
(5) Controlling board authorization for a state agency to make an
expenditure
of
federal funds constitutes
authority for the agency to participate in the federal program providing the
funds, and the agency is not required to obtain an executive order
under section 107.17 of the Revised Code to participate in the federal program.
(B) With respect to nonfederal funds received into the
waterways safety fund, the wildlife fund, and any
fund of the state from which transfers may be made under division
(D) of section 127.14 of the Revised Code:
(1) No state agency may make expenditures of any such
funds unless the expenditures are made pursuant to specific
appropriations of the general assembly.
(2) If the receipts received into any fund are greater
than the amount appropriated, the appropriation for that fund
shall remain at the amount designated by the general assembly or
as increased and approved by the controlling board.
(3) Additional funds may be created by the controlling
board to receive revenues not anticipated in an appropriations
act for the biennium in which such new revenues are received.
Expenditures from such additional funds may be authorized by the
controlling board, but such authorization shall not extend beyond
the end of the biennium in which such funds are created.
(C) The controlling board shall not authorize more than
ten per cent of additional spending from the occupational
licensing and regulatory fund, created in section 4743.05 of the
Revised Code, in excess of any appropriation made by the general
assembly to a licensing agency except an appropriation for costs
related to the examination or reexamination of applicants for a
license. As used in this division, "licensing agency" and
"license" have the same meanings as in section 4745.01 of the
Revised Code.
Sec. 147.01. (A) The
secretary of state may
appoint and
commission
as notaries public as many persons who meet
the
qualifications of
division (B) of this section as
the
secretary
of state considers
necessary.
(B) In order for a person to qualify to be appointed and
commissioned as a notary public, the person must satisfy both of
the following:
(1) The person has attained the age of eighteen years.
(2) One of the following applies:
(a) The person is a citizen legal resident of this state who is not an
attorney admitted to the practice of law in this state by the Ohio supreme court.
(b) The person is a citizen legal resident of this state who is an
attorney
admitted to the practice of law in this state by the
Ohio supreme
court.
(c) The person is not a citizen legal resident of this state, is an
attorney admitted to the practice of law in this state by the
Ohio
supreme court, and has
the person's principal place of
business
or
the person's primary practice in this state.
(C) A notary public shall be appointed and commissioned as
a
notary public for the state. The
secretary of state may
revoke a
commission issued to a notary public upon presentation of
satisfactory evidence of official misconduct or incapacity.
Sec. 147.37. Each person receiving a commission as notary
public, except including an
attorney admitted to the practice of law in this
state by the Ohio supreme
court, shall pay a fee of five fifteen dollars
to the secretary of state. Each person receiving a commission as
a notary public who is an attorney admitted to the practice of law
in this
state by the Ohio supreme court shall pay a fee of ten
dollars
to the secretary of state.
Sec. 149.011. As used in this chapter:
(A)
"Public office" includes any state agency, public
institution, political subdivision, or any other organized body,
office, agency, institution, or entity established by the laws of
this state for the exercise of any function of government.
(B)
"State agency" includes every department, bureau,
board,
commission, office, or other organized body established by
the
constitution and laws of this state for the exercise of any
function of state government, including any state-supported
institution of higher education, the general assembly, or any
legislative agency, any court or judicial agency, or any
political
subdivision or agency thereof of a political subdivision.
(C)
"Public money" includes all money received or
collected
by or due a public official, whether in accordance with
or under
authority of any law, ordinance, resolution, or order,
under color
of office, or otherwise. It also includes any money
collected by
any individual on behalf of a public office or as a
purported
representative or agent of the public office.
(D)
"Public official" includes all officers, employees, or
duly authorized representatives or agents of a public office.
(E)
"Color of office" includes any act purported or
alleged
to be done under any law, ordinance, resolution, order,
or other
pretension to official right, power, or authority.
(F)
"Archive" includes any public record that is
transferred
to the state archives or other designated archival
institutions
because of the historical information contained on
it.
(G)
"Records" includes any document, device, or item,
regardless of physical form or characteristic, including an electronic record as defined in section 1306.01 of the Revised Code, created or
received
by or coming under the jurisdiction of any public office
of the
state or its political subdivisions, which serves to
document the
organization, functions, policies, decisions,
procedures,
operations, or other activities of the office.
Sec. 149.33. (A) The department of administrative
services shall have full responsibility for establishing and
administering a state records program for all state agencies,
except for state-supported institutions of higher education. The
department shall apply efficient and economical management
methods to the creation, utilization, maintenance, retention,
preservation, and disposition of state records.
There is hereby established within the department of
administrative services an office of a state records
administration program, which shall be under the control and supervision
of the director of administrative services or his the director's
appointed
deputy. The director shall designate an administrator of the
office of state records administration.
(B) The boards of trustees of state-supported institutions
of higher education shall have full responsibility for
establishing and administering a records program for their
respective institutions. The boards shall apply efficient and
economical management methods to the creation, utilization,
maintenance, retention, preservation, and disposition of the
records of their respective institutions.
Sec. 149.331. The state record administration records
program of the department of administrative services shall do all of the
following:
(A) Establish and promulgate in consultation with the
state archivist standards, procedures, and techniques for the
effective management of state records;
(B) Make continuing surveys of record-keeping operations
and recommend improvements in current records management
practices including the use of space, equipment, and supplies
employed in creating, maintaining, storing, and servicing
records;
(C) Establish and operate such state records centers and
auxiliary facilities as may be authorized by appropriation and
provide such related services as are deemed necessary for the
preservation, screening, storage, and servicing of state records
pending disposition;
(D) Review applications for one-time records disposal and
schedules of records retention and destruction submitted by state
agencies in accordance with section 149.333 of the Revised Code;
(E)(C) Establish "general schedules" proposing the disposal,
after the lapse of specified periods of time, of records of
specified form or character common to several or all agencies
that either have accumulated or may accumulate in such agencies
and that apparently will not, after the lapse of the periods
specified, have sufficient administrative, legal, fiscal, or
other value to warrant their further preservation by the state;
(F)(D) Establish and maintain a records management training
program, and provide a basic consulting service, for personnel involved in record-making and
record-keeping functions of departments, offices, and
institutions;
(G) Obtain reports from departments, offices, and
institutions necessary for the effective administration of the
program;
(H)(E) Provide for the disposition of any remaining records
of any state agency, board, or commission, whether in the
executive, judicial, or legislative branch of government, that
has terminated its operations. After the closing of the
Ohio veterans' children's home, the
resident records of the home and the resident records of the home when it was
known as the soldiers'
and sailors' orphans' home required to be maintained by approved records
retention schedules shall be administered by the state department of education
pursuant to this chapter, the administrative records of the home required
to be maintained by approved records retention schedules shall be administered
by the department of administrative services pursuant to this
chapter, and historical records of the home shall be
transferred to an appropriate archival institution in this state prescribed by
the state record administration records program.
(I)(F) Establish a centralized program coordinating
micrographics standards, training, and services for the benefit
of all state agencies;
(J)(G) Establish and publish in accordance with the
applicable law necessary procedures and rules for the retention
and disposal of state records.
This section does not apply to the records of
state-supported institutions of higher education, which shall
keep their own records.
Sec. 149.332. Upon request the state records administrator director of administrative services and the state
archivist shall assist and advise in the establishment of records management
programs in the legislative and judicial branches of state government and
shall, as required by them, provide program services similar to those
available to the executive branch pursuant to under section 149.33 of the Revised
Code. Prior to the disposal of any records, the state archivist shall be
allowed sixty days to select for preservation in the state archives those
records he the state archivist determines to have continuing historical value.
Sec. 149.333. No state agency shall retain, destroy, or
otherwise transfer its state records in violation of this
section. This section does not apply to state-supported
institutions of higher education.
Each state agency shall submit to the state records
administrator program under the director of administrative services all applications for records disposal or transfer
and all schedules of records retention and destruction. The
state records administrator program shall review such the applications and
schedules and provide written approval, rejection, or
modification of the an application or schedule. The state records
administrator program shall then forward the application for records
disposal or transfer or the schedule for retention or
destruction, with the administrator's program's recommendation attached, to
the auditor of state for review and approval. The decision of
the auditor of state to approve, reject, or modify the
applications application or schedules schedule shall be based upon the continuing
administrative and fiscal value of the state records to the state
or to its citizens. If the auditor of state disapproves the
action by the state agency, he the auditor of state shall so
inform the state agency
through the state records administrator program within sixty days, and
these the records shall not be destroyed. At
At the same time, the
state records administrator program shall forward the application for
records disposal or transfer or the schedule for retention or destruction to
the state archivist for review and approval. The state archivist
shall have sixty days to select for custody such the state records as
he that the state archivist determines to be of continuing historical
value. Records not
so selected shall be disposed of in accordance with this section.
Sec. 149.34. The head of each state agency, office,
institution, board, or commission shall do the following:
(A) Establish, maintain, and direct an active continuing
program for the effective management of the records of the state
agency;
(B) Cooperate with the state records administrator in the
conduct of surveys pursuant to section 149.331 of the Revised
Code;
(C) Submit to the state records administrator program, in
accordance with applicable standards and procedures, schedules
proposing the length of time each record series warrants
retention for administrative, legal, or fiscal purposes after it
has been received or created by the agency. The head of each
state agency also shall submit to the state records administrator program
applications for disposal of records in his the head's
custody that are not
needed in the transaction of current business and are not
otherwise scheduled for retention or destruction.
(D) Transfer to a state records center or auxiliary
facilities, in the manner prescribed by the state records
administrator, those records of the agency that can be retained
more efficiently and economically in such a center;
(E)(C) Within one year after their date of creation or
receipt, schedule all records for disposition or retention in the
manner prescribed by applicable law and procedures.
This section does not apply to state-supported institutions
of higher education.
Sec. 149.35. If any law prohibits the destruction of records, neither the
state records administrator nor director of administrative services, the director's designee, or the boards of trustees of state-supported
institutions of higher education shall not order their destruction or other
disposition, and, if. If any law provides that records shall be kept for a
specified period of time, neither the administrator nor director of administrative services, the director's designee, or the boards shall not order
their destruction or other disposition prior to the expiration of such that period.
Sec. 153.65. As used in sections 153.65 to 153.71 of the Revised Code:
(A) "Public authority" means the state, or a county, township,
municipal corporation, school district, or other political subdivision, or any
public agency, authority, board, commission, instrumentality, or special
district of the state or a county, township, municipal corporation, school
district, or other political subdivision.
(B) "Professional design firm" means any person legally
engaged in rendering professional design services.
(C) "Professional design services" means services within
the scope of practice of an architect or landscape architect
registered under Chapter 4703. of the Revised Code or a
professional engineer or surveyor registered under Chapter 4733.
of the Revised Code.
(D) "Qualifications" means all of the following:
(1) Competence of the professional design firm to perform
the required professional design services as indicated by the
technical training, education, and experience of the firm's
personnel, especially the technical training, education, and
experience of the employees within the firm who would be assigned
to perform the services;
(2) Ability of the firm in terms of its workload and the
availability of qualified personnel, equipment, and facilities to
perform the required professional design services competently and
expeditiously;
(3) Past performance of the firm as reflected by the
evaluations of previous clients with respect to such factors as
control of costs, quality of work, and meeting of deadlines;
(4) Other similar Any other relevant factors as determined by the public authority.
Sec. 163.06. (A) A public agency, other than an agency
appropriating property for the purposes described in division (B)
of this section, which qualifies pursuant to Section 19 of
Article I, Ohio Constitution, may deposit with the court at the
time of filing the petition the value of such property
appropriated together with the damages, if any, to the residue,
as determined by the public agency, and thereupon take possession
of and enter upon the property appropriated. The right of
possession upon deposit as provided in this division shall not
extend to structures.
(B) A public agency appropriating property for the purpose
of making or repairing roads which shall be open to the public,
without charge, or for the purpose of implementing rail service under Chapter
4981. of the Revised Code,
may deposit with the court at the time of filing the petition the
value of such property appropriated together with the damages, if
any, to the residue, as determined by the public agency, and
stated in an attached declaration of intention to obtain
possession and thereupon take possession of and enter upon the
property appropriated, including structures situated upon the
land appropriated for such purpose or situated partly upon the
land appropriated therefor and partly upon adjoining land, so
that such structures cannot be divided upon the line between such
lands without manifest injury thereto. The jury, in assessing
compensation to any owner of land appropriated under this
division shall assess the value thereof in accordance with
section 163.14 of the Revised Code. The owner or occupant of
such structures shall vacate the same within sixty days after
service of summons as required under section 163.07 of the
Revised Code, at no cost to the appropriating agency, after which
time the agency may remove said structures. In the event such
structures are to be removed before the jury has fixed the value
of the same, the court, upon motion of the agency, shall:
(1) Order appraisals to be made by three persons, one to
be named by the owner, one by the county auditor, and one by the
agency. Such appraisals may be used as evidence by the owner or
the agency in the trial of said case but shall not be binding on
said owner, agency, or the jury, and the expense of said
appraisals shall be approved by the court and charged as costs in
said case.
(2) Cause pictures to be taken of all sides of said
structures;
(3) Compile a complete description of said structures,
which shall be preserved as evidence in said case to which the
owner or occupants shall have access.
(C) Any time after the deposit is made by the public
agency under division (A) or (B) of this section, the owner may
apply to the court to withdraw the deposit, and such withdrawal
shall in no way interfere with the action except that the sum so
withdrawn shall be deducted from the sum of the final verdict or
award. Upon such application being made the court shall direct
that the sum be paid to such owner subject to the rights of other
parties in interest provided such parties make timely application
as provided in section 163.18 of the Revised Code. Interest
shall not accrue on any sums withdrawable as provided in this
division.
Sec. 164.27. (A) The clean Ohio conservation fund is
hereby
created in the state treasury. Seventy-five per cent of the net
proceeds of obligations
issued and sold by the issuing authority
pursuant to sections 151.01 and
151.09 of the Revised Code shall
be deposited into the fund.
Investment earnings of the fund shall
be credited to the fund.
For two years after the effective date of
this section, investment earnings credited to the fund
and may be used
to pay costs incurred by the Ohio public works
commission in
administering sections 164.20 to 164.27 of the
Revised Code.
Moneys in the
clean Ohio
conservation fund shall be
used to
make
grants to local
political
subdivisions and nonprofit
organizations
for projects
that have
been approved for grants
under sections
164.20 to 164.27
of the
Revised Code.
The
clean Ohio
conservation fund
shall be administered
by
the Ohio public works
commission.
(B) For the purpose of grants issued under sections 164.20
to 164.27 of the Revised Code, moneys shall be allocated on an
annual basis from the
clean Ohio conservation fund to districts
represented by
natural resources assistance councils as follows:
(1) Each district shall receive an amount that is equal to
one-fourth of one per cent of the total annual amount allocated to
all districts each year for each county that is represented by the
district.
(2) The remaining moneys shall be allocated to each district
annually on a per capita basis.
(C) A grant that is awarded under sections 164.20 to 164.27
of the Revised Code may provide up to seventy-five per cent of the
estimated cost of a project. Matching funds from a grant
recipient may consist of contributions of money by any person, any
local political subdivision, or the federal government
or of
contributions in-kind by such entities through the purchase
or
donation of equipment, land,
easements, interest in land,
labor,
or
materials necessary to complete the project.
(D) The director of the Ohio public works commission shall
notify the director of budget and management of the amounts
allocated pursuant to this section, and that information shall be
entered in the state accounting system. The director of budget
and management may establish appropriate line items or other
mechanisms that are needed to track the allocations.
(E) Grants awarded under sections 164.20 to 164.27 of the
Revised Code from the clean Ohio conservation fund shall be used
by a local political subdivision or nonprofit organization only to
pay the costs related to the purposes for which grants may be
issued under section 164.22 of the Revised Code and shall not be
used by a local political subdivision or nonprofit organization to
pay any administrative costs incurred by the local political
subdivision or nonprofit organization.
Sec. 165.09. Any real or personal property, or both, of an
issuer which that is acquired, constructed, reconstructed, enlarged,
improved, furnished or equipped, or any combination thereof, and
leased or subleased under authority of either Chapter 165. or
761.
of the Revised Code shall be subject to ad valorem, sales,
use,
and franchise taxes and to zoning, planning, and building
regulations and fees, to the same extent and in the same manner
as
if the lessee-user or sublessee-user thereof, rather than the
issuer, had acquired, constructed, reconstructed, enlarged,
improved, furnished, or equipped, or any combination thereof,
such
real or personal property, and title thereto was in the name
of
such lessee-user or sublessee-user.
The transfer of tangible personal property by lease or
sublease under authority of either Chapter 165. or 761. of the
Revised Code is not a sale as used in Chapter 5739. of the
Revised
Code. The exemptions provided in divisions (B)(1) and
(B)(14)(12)
of
section 5739.02 of the Revised Code shall not be
applicable to
purchases for a project under either Chapters 165.
or 761. of the
Revised Code.
An issuer shall be exempt from all taxes on its real or
personal property, or both, which has been acquired, constructed,
reconstructed, enlarged, improved, furnished, or equipped, or any
combination thereof, under Chapter 165. or 761. of the Revised
Code, so long as such property is used by the issuer for purposes
which would otherwise exempt such property; has ceased to be used
by a former lessee-user or sublessee-user and is not occupied or
used; or has been acquired by the issuer, but development has not
yet commenced. The exemption shall be effective as of the date
the exempt use begins. All taxes on the exempt real or personal
property for the year should be prorated and the taxes for the
exempt portion of the year shall be remitted by the county
auditor.
Sec. 173.08. (A) The resident services coordinator program is established in the department of aging to fund resident services coordinators. The coordinators shall provide information to low-income and special-needs tenants, including the elderly, who live in subsidized rental housing complexes, and assist those tenants in identifying and obtaining community and program services and other benefits for which they are eligible.
(B) The resident services coordinator program fund is hereby created in the state treasury to support the resident services coordinator program established pursuant to this section. The fund consists of all moneys the department of development sets aside pursuant to division (A)(4) of section 175.21 of the Revised Code and moneys the general assembly appropriates to the fund.
Sec. 173.14. As used in sections 173.14 to 173.26 of
the
Revised Code:
(A)(1) Except as otherwise provided in division (A)(2) of
this section, "long-term care facility" includes any residential
facility that provides personal care services for more than
twenty-four hours for two or more unrelated adults, including all
of the following:
(a) A "nursing home," "residential care facility," or "home
for the aging"
as defined in section 3721.01 of the Revised Code;
(b) A facility authorized to provide extended care
services under Title XVIII of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended;
(c) A county home or district home operated pursuant to
Chapter 5155. of the Revised Code;
(d) An "adult care facility" as defined in section 3722.01
of the Revised Code;
(e) A facility approved by the veterans administration
under section 104(a) of the "Veterans Health Care Amendments of
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used
exclusively for the placement and care of veterans;
(f) An adult foster home certified under section 173.36 of
the Revised Code.
(2) "Long-term care facility" does not include a
"residential facility" as defined in section 5119.22 of the
Revised Code or a "residential facility" as defined in section
5123.19 of the Revised Code.
(B) "Resident" means a resident of a long-term care
facility and, where appropriate, includes a prospective,
previous, or deceased resident of a long-term care facility.
(C) "Community-based long-term care services" means health
and social services provided to persons age sixty or older in
their own homes or in community care settings, and includes any
of the following:
(7) Home-delivered meals;
(9) Physical, occupational, and speech therapy;
(10) Any other health and social services provided to
persons age sixty or older that allow them to retain their
independence in their own homes or in community care settings.
(D) "Recipient" means a recipient of community-based
long-term care services and, where appropriate, includes a
prospective, previous, or deceased recipient of community-based
long-term care services.
(E) "Sponsor" means an adult relative, friend, or guardian
who has an interest in or responsibility for the welfare of a
resident or a recipient.
(F) "Personal care services" has the same meaning as in
section 3721.01 of the Revised Code.
(G) "Regional long-term care ombudsperson program"
means an
entity, either public or private and nonprofit, designated as a
regional long-term care ombudsperson program by the
state long-term
care ombudsperson.
(H) "Representative of the office of the state long-term
care ombudsperson program" means the state long-term
care ombudsperson
or a member of the ombudsperson's staff, or a person
certified
as a
representative of the office under section 173.21 of the Revised
Code.
(I) "Area agency on aging" means an area agency on aging
established under the "Older Americans Act of 1965," 79 Stat.
219, 42 U.S.C.A. 3001, as amended.
Sec. 173.20. (A) If consent is given and unless otherwise
prohibited by law, a representative of the office of the state
long-term care ombudsman ombudsperson program shall have access
to any records, including medical records, of a resident or a recipient
that are reasonably necessary for investigation of a complaint.
Consent may be given in any of the following ways:
(1) In writing by the resident or recipient;
(2) Orally by the resident or recipient, witnessed in
writing at the time it is given by one other person, and, if the
records involved are being maintained by a long-term care
provider, also by an employee of the long-term care provider
designated under division (E)(1) of this section;
(3) In writing by the guardian of the resident or
recipient;
(4) In writing by the attorney in fact of the resident or
recipient, if the resident or recipient has authorized the
attorney in fact to give such consent;
(5) In writing by the executor or administrator of the
estate of a deceased resident or recipient.
(B) If consent to access to records is not refused by a
resident or recipient or his the resident's or recipient's legal
representative but cannot be
obtained and any of the following circumstances exist, a
representative of the office of the state long-term care
ombudsman ombudsperson program, on approval of the state
long-term care ombudsman ombudsperson, may inspect the records
of a resident or a recipient, including medical records, that are reasonably
necessary for
investigation of a complaint:
(1) The resident or recipient is unable to express written
or oral consent and there is no guardian or attorney in fact;
(2) There is a guardian or attorney in fact, but he the guardian or
attorney in fact cannot be contacted within three working days;
(3) There is a guardianship or durable power of attorney,
but its existence is unknown by the long-term care provider and
the representative of the office at the time of the
investigation;
(4) There is no executor or administrator of the estate of
a deceased resident or recipient.
(C) If a representative of the office of the state
long-term care ombudsman ombudsperson program has been refused
access to
records by a guardian or attorney in fact, but has reasonable
cause to believe that the guardian or attorney in fact is not
acting in the best interests of the resident or recipient, the
representative may, on approval of the state long-term care
ombudsman ombudsperson, inspect the records of the resident or recipient,
including medical records, that are reasonably necessary for
investigation of a complaint.
(D) A representative of the office of the state long-term
care ombudsman ombudsperson program shall have access to any records of a
long-term care provider reasonably necessary to an investigation
conducted under this section, including but not limited to:
incident reports, dietary records, policies and procedures of a
facility required to be maintained under section 5111.21 of the
Revised Code, admission agreements, staffing schedules, any
document depicting the actual staffing pattern of the provider,
any financial records that are matters of public record, resident
council and grievance committee minutes, and any waiting list
maintained by a facility in accordance with section 5111.31 5111.222 of
the Revised Code, or any similar records or lists maintained by a
provider of community-based long-term care services. Pursuant to
division (E)(2) of this section, a representative shall be
permitted to make or obtain copies of any of these records after
giving the long-term care provider twenty-four hours' notice. A
long-term care provider may impose a charge for providing copies
of records under this division that does not exceed the actual
and necessary expense of making the copies.
The state ombudsman ombudsperson shall take whatever action is necessary
to ensure that any copy of a record made or obtained under this
division is returned to the long-term care provider no later than
three years after the date the investigation for which the copy
was made or obtained is completed.
(E)(1) Each long-term care provider shall designate one or
more of its employees to be responsible for witnessing the giving
of oral consent under division (A) of this section. In the event
that a designated employee is not available when a resident or
recipient attempts to give oral consent, the provider shall
designate another employee to witness the consent.
(2) Each long-term care provider shall designate one or
more of its employees to be responsible for releasing records for
copying to representatives of the office of the long-term care
ombudsman ombudsperson program who request permission to make or obtain copies
of records specified in division (D) of this section. In the
event that a designated employee is not available when a
representative of the office makes the request, the long-term
care provider shall designate another employee to release the
records for copying.
(F) A long-term care provider or any employee of such a
provider is immune from civil or criminal liability or action
taken pursuant to a professional disciplinary procedure for the
release or disclosure of records to a representative of the
office pursuant to this section.
(G) A state or local government agency or entity with
records relevant to a complaint or investigation being conducted
by a representative of the office shall provide the
representative access to the records.
(H) The state ombudsman ombudsperson, with the approval of the
director of aging, may issue a subpoena to compel any person he the
ombudsperson reasonably believes may be able to provide information to
appear before him the ombudsperson or his the
ombudsperson's designee and give sworn testimony and to produce
documents, books, records, papers, or other evidence the state
ombudsman ombudsperson believes is relevant to the
investigation. On the
refusal of a witness to be sworn or to answer any question put to
him the witness, or if a person disobeys a subpoena, the
ombudsman ombudsperson shall
apply to the Franklin county court of common pleas for a contempt
order, as in the case of disobedience of the requirements of a
subpoena issued from the court, or a refusal to testify in the
court.
(I) The state ombudsman ombudsperson may petition the court of common
pleas in the county in which a long-term care facility is located
to issue an injunction against any long-term care facility in
violation of sections 3721.10 to 3721.17 of the Revised Code.
(J) Any suspected violation of Chapter 3721. of the
Revised Code discovered during the course of an investigation may
be reported to the department of health. Any suspected criminal
violation discovered during the course of an investigation shall
be reported to the attorney general or other appropriate law
enforcement authorities.
(K) The department of aging shall adopt rules in
accordance with Chapter 119. of the Revised Code for referral by
the state ombudsman ombudsperson and regional long-term care ombudsman ombudsperson
programs of complaints to other public agencies or entities. A
public agency or entity to which a complaint is referred shall
keep the state ombudsman ombudsperson or regional program handling the
complaint advised and notified in writing in a timely manner of
the disposition of the complaint to the extent permitted by law.
Sec. 173.21. (A) The office of the state long-term care
ombudsman ombudsperson program, through the state long-term care ombudsman ombudsperson and
the regional long-term care ombudsman ombudsperson programs, shall require
each representative of the office to complete a training and
certification program in accordance with this section and to meet
the continuing education requirements established under this
section.
(B) The department of aging shall adopt rules under
Chapter 119. of the Revised Code specifying the content of
training programs for representatives of the office of the state
long-term care ombudsman ombudsperson program. Training for representatives
other than those who are volunteers providing services through
regional long-term care ombudsman ombudsperson programs shall include
instruction regarding federal, state, and local laws, rules, and
policies on long-term care facilities and community-based
long-term care services; investigative techniques; and other
topics considered relevant by the department and shall consist of
the following:
(1) A minimum of forty clock hours of basic instruction,
which shall be completed before the trainee is permitted to
handle complaints without the supervision of a representative of
the office certified under this section;
(2) An additional sixty clock hours of instruction, which
shall be completed within the first fifteen months of employment;
(3) An internship of twenty clock hours, which shall be
completed within the first twenty-four months of employment,
including instruction in, and observation of, basic nursing care
and long-term care provider operations and procedures. The
internship shall be performed at a site that has been approved as
an internship site by the state long-term care ombudsman ombudsperson.
(4) One of the following, which shall be completed within
the first twenty-four months of employment:
(a) Observation of a survey conducted by the director of
health to certify a facility to receive funds under sections
5111.20 to 5111.32 the medicaid program established under Chapter 5111. of the Revised Code;
(b) Observation of an inspection conducted by the director
of health to license an adult care facility under section 3722.04
of the Revised Code.
(5) Any other training considered appropriate by the
department.
(C) Persons who for a period of at least six months prior
to June 11, 1990, served as ombudsmen through the long-term care
ombudsman ombudsperson
program
established by the department of aging under division (M) of
section 173.01 of the Revised Code shall not be required to
complete a training program. These persons and persons who
complete a training program shall take an examination
administered by the department of aging. On attainment of a
passing score, the person shall be certified by the department as
a representative of the office. The department shall issue the
person an identification card, which the representative shall
show at the request of any person with whom he the
representative deals while performing his the
representative's duties and which he shall surrender be
surrendered at the time he the representative separates from
the office.
(D) The state ombudsman ombudsperson and each regional program
shall conduct training programs for volunteers on their respective
staffs in accordance with the rules of the department of aging
adopted under division (B) of this section. Training programs
may be conducted that train volunteers to complete some, but not
all, of the duties of a representative of the office. Each
regional office shall bear the cost of training its
representatives who are volunteers. On completion of a training
program, the representative shall take an examination
administered by the department of aging. On attainment of a
passing score, he a volunteer shall be certified by the
department as a representative authorized to perform services specified in the
certification. The department shall issue an identification
card, which the representative shall show at the request of any
person with whom he the representative deals while performing
his the representative's duties and which he shall
surrender be surrendered at the time he the
representative separates from the office. Except as a
supervised part of a training program, no volunteer shall perform any duty
unless he is certified as a representative having received appropriate
training for that duty.
(E) The state ombudsman ombudsperson shall provide technical
assistance
to regional programs conducting training programs for volunteers
and shall monitor the training programs.
(F) Prior to scheduling an observation of a certification
survey or licensing inspection for purposes of division (B)(4) of
this section, the state ombudsman ombudsperson shall obtain permission to have
the survey or inspection observed from both the director of
health and the long-term care facility at which the survey or
inspection is to take place.
(G) The department of aging shall establish continuing
education requirements for representatives of the office.
Sec. 173.26. (A) Each of the following facilities shall
annually pay to the department of aging three six dollars for each
bed maintained by the facility for use by a resident during any
part of the previous year:
(1) Nursing homes, residential care facilities, and homes
for the aging as defined in section 3721.01 of the Revised Code;
(2) Facilities authorized to provide extended care
services under Title XVIII of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended;
(3) County homes and district homes operated pursuant to
Chapter 5155. of the Revised Code;
(4) Adult care facilities as defined in section 3722.01 of
the Revised Code;
(5) Adult foster homes certified under section 173.36 of
the Revised Code;
(6) Facilities approved by the Veterans Administration
under Section 104(a) of the "Veterans Health Care Amendments of
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used
exclusively for the placement and care of veterans.
The department shall, by rule adopted under section 111.15
of the Revised Code, establish deadlines for payments required by
this section.
(B) All money collected under this section shall be
deposited in the state treasury to the credit of the office of
the state long-term care ombudsman ombudsperson program fund,
which is hereby created. Money credited to the fund shall be used solely to
pay
the costs of operating the regional long-term care ombudsman
ombudsperson programs.
(C) The state long-term care ombudsman ombudsperson and the
regional programs may solicit and receive contributions to support the
operation of the office or a regional program, except that no
contribution shall be solicited or accepted that would interfere
with the independence or objectivity of the office or program.
Sec. 173.55. The department of aging may charge a fee, not to
exceed four hundred dollars, for each of the annual customer
satisfaction surveys conducted under section 173.54 of the
Revised Code. The fee shall be paid
by the nursing facility and is subject to reimbursement through the
medicaid program pursuant to sections 5111.20 to 5111.32 established under Chapter 5111. of the
Revised Code.
All fees collected under this section shall be
deposited to the credit of the long-term care consumer guide fund, which is
hereby
created in the state treasury. The fund shall be used
for costs associated with publishing
the Ohio long-term care consumer guide, including the cost of
contracting with persons and government entities under section
173.47 of the Revised Code. The department may contract
with a person or government entity to
collect the fees on behalf of the department.
Sec. 173.57. (A) The department of aging shall adopt rules to
implement and administer sections 173.45 to
173.59 of the Revised Code. The rules shall specify all of
the
following:
(1) The content of the Ohio long-term care consumer guide, including any
information in addition to the information specified in section 173.51 of the
Revised Code;
(2) The content of the computerized
and printed forms of the executive summary of the consumer guide;
(3) The customer satisfaction measures to be published in
the consumer guide pursuant to division (C)(1) of section 173.51
of the Revised Code;
(4) The clinical quality indicators to be published in the
consumer guide pursuant to division (C)(2) of section 173.51
of the Revised Code;
(5) For purposes of clinical quality, customer satisfaction, and survey
data tag comparisons under
section 173.51 of the Revised Code, criteria to be used in classifying
nursing facilities into peer
groups, which may be based on case-mix scores calculated pursuant to rules adopted
under section 5111.231 5111.02 of the Revised Code, the size of nursing facilities, the
location of facilities, or other pertinent factors;
(6) The format for listing nursing facility services in the
consumer guide and the manner in which that information is to be collected
from nursing facilities;
(7) A method of including additional long-term care facilities
and service providers
in the consumer guide pursuant to considerations made under division
(B)(4) of section 173.58 of the Revised Code;
(8) Any other requirements necessary to implement and administer
sections 173.45 to 173.59 of the Revised Code.
(B) The department shall develop rules under this section
in consultation with the long-term care consumer
guide advisory
council created under section 173.58 of the Revised Code.
Before filing a rule under section 119.03 of the Revised
Code, the
department shall present it to the advisory council and provide
the council a reasonable time to comment on it. The department shall give
appropriate consideration to recommendations of the advisory council regarding
proposed rules.
(C) All rules adopted under this section shall be adopted in
accordance with Chapter 119. of the Revised Code.
Initial rules shall be adopted not later than six months after the
effective date of this section July 1, 2000.
Sec. 175.03. (A)(1) The Ohio housing finance agency shall
consist of
eleven members.
Nine of the members shall be
appointed
by the governor with the advice and consent of the
senate. The
director of commerce and the director of development,
or their
respective designees, shall also be voting members of the
agency.
Of the
nine appointed members, at least one shall
have
experience in residential housing construction; at least one
shall
have experience in residential housing mortgage lending,
loan
servicing, or brokering; at least one shall have experience
in the
licensed residential housing brokerage business; at least
one
shall have experience with the housing needs of senior
citizens;
at least one shall be from a background in labor
representation in
the construction industry;
at least one shall
represent the
interests of nonprofit multifamily housing
development
corporations; at least one shall represent the
interests of
for-profit multifamily housing development
organizations; and
two
shall be
public members.
The
governor shall receive
recommendations from the Ohio housing
council for appointees to
represent the interests of nonprofit
multifamily housing
development corporations and for-profit
multifamily housing
development organizations. Each appointee
representing multifamily
housing interests currently shall be
employed with an organization
that is active in the area of
affordable housing development or
management.
No more than
six
of the appointed
members of
the
agency shall be of the same
political party.
Of
the appointments
made to the agency for the
eighth and
ninth
appointed members in
accordance with this
amendment, one
shall be
for a term ending on
January 31, 2005, and
one shall be
for a term
ending on January
31, 2006. Thereafter,
each appointed
member
shall serve for a
term ending on the
thirty-first day of
January
which is six years
following the date
of termination of
the term
which it succeeds.
Each member shall
hold office from
the date of
the member's
appointment until the
end of the term for
which
the
member was
appointed. Any member
appointed to fill a
vacancy
occurring prior
to the expiration of
the term for which
the
member's
predecessor
was appointed shall
hold office for the
remainder of
such term.
Any appointed member
shall continue in
office
subsequent to the
expiration date of the
member's term
until
the member's successor
takes office, or until
a period of
sixty days has elapsed,
whichever occurs first. Each
appointed
member may be removed
from
office by the governor for
misfeasance,
nonfeasance,
malfeasance
in office, or for failure to
attend in
person three
consecutive
meetings of the agency.
(2) The director of development or the director's designee
governor shall be appoint the
chairperson of
the agency. The agency shall elect
one of its appointed members
as vice-chairperson and such other
officers as it
deems necessary,
who need not be members of the
agency. Each appointed member of
the agency shall receive
compensation at the rate of one hundred
fifty dollars per agency
meeting attended in person, not to
exceed a maximum of three
thousand dollars per year. All members
shall be reimbursed for
their actual and necessary expenses
incurred in the discharge of
their official duties.
(3)
Six members of the agency constitute a quorum, and
the
affirmative vote of
six members shall be necessary for
any
action
taken by the agency. No vacancy in membership of the
agency
impairs the right of a quorum to exercise all the rights
and
perform all the duties of the agency. Meetings of the agency
may
be held at any place within the state. Meetings of the
agency,
including notice of the place of meetings, shall comply
with
section 121.22 of the Revised Code.
(B)(1) The appointed members of the agency are not subject
to
section 102.02 of the Revised Code. Each such appointed member
shall file with the agency a signed written statement setting
forth the general nature of sales of goods, property or services
or of loans to the agency in which such member has a pecuniary
interest or in which any member of the member's immediate family,
as
defined in section 102.01 of the Revised Code, or any
corporation, partnership or enterprise of which the member is an
officer,
director, or partner, or of which the member or a member
of
the member's immediate
family, as so defined, owns more than a
five per cent interest,
has a pecuniary interest, and of which
sale, loan and interest
such member has knowledge. The statement
shall be supplemented
from time to time to reflect changes in the
general nature of any
such sales or loans. No member shall
participate in portions of
agency meetings dealing with, or vote
concerning, any such
matter.
(2) The requirements of this section
pertaining to
disclosure
and prohibition from participation and
voting do not
apply to
agency loans to lending institutions or
contracts
between the
agency and lending institutions for the
purchase,
administration,
or servicing of loans notwithstanding
that such
lending
institution has a director, officer, employee,
or owner
who is a
member of the agency, and no such loans or
contracts
shall be
deemed to be prohibited or otherwise regulated
by reason
of any
other law or rule.
(3) The members of the agency representing multifamily
housing interests are not in violation of division (A) of section
2921.42, division (D) of section 102.03, or division (E) of
section 102.03 of the Revised Code in regard to a contract the
agency enters into if both of the following apply:
(a) The contract is entered into for a loan, grant, or
participation in a program administered or funded by the agency
and the contract was awarded pursuant to rules or guidelines the
agency adopted.
(b) The member does not participate in the discussion or vote
on the contract if the contract secured a grant or loan that would
directly benefit the member, a family member, or a business
associate of the member.
Sec. 175.21. (A) The low- and moderate-income housing
trust
fund is hereby created in the state treasury. The fund
shall
consist of all appropriations made to the fund, housing trust fund fees collected by county recorders pursuant to section 317.36 of the Revised Code and deposited into the fund pursuant to section 319.63 of the Revised Code, and all grants, gifts, loan
repayments,
and
contributions of money made from any source to the
department of
development for deposit in the fund. All investment earnings
of the fund
shall be
credited to the fund. The director of
development shall
allocate a portion of the money in the fund to
an account of the
Ohio housing finance agency. The department
shall administer the
fund. The agency shall use money allocated
to it in the fund for
implementing and administering its programs
and duties under
sections 175.22 and 175.24 of the Revised Code,
and the
department
shall use the remaining money in the fund for
implementing and
administering its programs and duties under
sections 175.22 to
175.25 of the Revised Code. Use of all money
in the fund is
subject to the following restrictions:
(1) Not more than six per cent of any current year appropriation authority for the fund shall be used for the transitional and permanent housing program to make grants to municipal corporations, counties, townships, and nonprofit organizations for the acquisition, rehabilitation, renovation, construction, conversion, operation, and cost of supportive services for new and existing transitional and permanent housing for homeless persons.
(2)(a) Not more than five per cent of any current year appropriation authority for the fund shall be used for grants and loans to community development corporations and the Ohio community development finance fund, a private nonprofit corporation.
(b) In any year in which the amount in the fund exceeds one hundred thousand dollars, not less than one hundred thousand dollars shall be used to provide training, technical assistance, and capacity building assistance to nonprofit development organizations in areas of the state the director designates as underserved.
(c) For monies awarded in any fiscal year, priority shall be given to proposals submitted by nonprofit development organizations from areas of the state the director designates as underserved.
(3) Not more than seven per cent of any current year appropriation authority for the fund shall be used for the emergency shelter housing grants program to make grants to private, nonprofit organizations and municipal corporations, counties, and townships for emergency shelter housing for the homeless. The grants shall be distributed pursuant to rules the director adopts and qualify as matching funds for funds obtained pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378.
(4) In any fiscal year in which the amount in the fund exceeds the amount awarded pursuant to division (A)(2)(b) of this section by at least two hundred fifty thousand dollars, at least two hundred fifty thousand dollars from the fund shall be provided to the department of aging for the resident services coordinator program.
(5) Of all money in the fund:
(a) Not more than six per cent shall be used for administration.
(b) Not less than forty-five
per cent of the
amount of funds awarded during any one fiscal
year shall be used
to make for grants
and loans to nonprofit
organizations under section
175.22 of the
Revised Code, not.
(c) Not less
than
fifty per
cent of
the
amount of funds awarded
during any one fiscal year, excluding the amounts awarded pursuant to divisions (A)(1), (A)(2), and (A)(3) of this section,
shall be
used
to make for grants and loans
for activities
that will
provide
housing
and housing assistance to
families and
individuals
in
rural areas
and small cities that
would
are not be
eligible to
participate
as a
participating
jurisdiction under the "HOME
Investment Partnerships
Act," 104
Stat. 4094 (1990), 42 U.S.C.
12701 note, 12721, no
more
than
five per cent of the money in
the
fund shall be used
for
administration, and no.
(d) No money in the
fund
shall be used to pay
for
any legal services other than the
usual
and customary legal
services
associated with the acquisition
of
housing.
(6) Except as
otherwise provided
by
the director
under
division (B) of this
section, money in the fund may be used
as
matching money for
federal funds received by the state,
counties,
municipal
corporations, and townships for the
activities listed in
section
175.22 of the Revised Code.
(B) If after the second quarter of any year it appears to
the director that the full amount of the money in the low- and
moderate-income housing trust fund designated in that year for
activities that will provide housing and housing assistance to
families and individuals in rural areas and small cities under
division (A) of this section will not be so used for that purpose, the director
may
reallocate all or a portion of that amount for other housing
activities. In determining whether or how to reallocate money
under this division, the director may consult with and shall
receive advice from the housing trust fund advisory committee.
Sec. 175.22. (A) The department of development and the
Ohio
housing finance agency shall each develop programs under
which, in
accordance with rules adopted under this section, it they
may make
grants, loans, loan guarantees, and loan subsidies to
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations and may make loans, loan
guarantees, and
loan subsidies to private developers and private
lenders to assist
them in activities that will provide housing
and
housing
assistance for specifically targeted low- and
moderate-income
families and individuals.
There shall be is no
minimum housing
project size for awards under this division for
any project that
is being developed for a special needs population
and that is
supported by a social service agency where the housing
project
will be is located. Activities for which grants, loans,
loan
guarantees, and
loan subsidies may be made
under this section
include
all of the following:
(1) Acquiring, financing, constructing, leasing,
rehabilitating, remodeling, improving, and equipping publicly or
privately owned housing;
(2) Providing supportive services related to housing and
the
homeless, including housing counseling. Not
more than twenty per
cent of the current year appropriation
authority for the low- and
moderate-income housing trust fund that remains after the expenditures made pursuant to divisions (A)(1), (A)(2), and (A)(3) of section 175.21 of the Revised Code,
shall be awarded in any fiscal
year for such supportive services.
(3) Providing rental assistance payments or other project
operating subsidies that lower tenant rents.
(B)
Grants, loans, loan guarantees,
and loan
subsidies may
be
made to counties, municipal
corporations, townships, and
nonprofit
organizations for the
additional purposes of providing
technical
assistance, design and
finance services and
consultation, and
payment of pre-development
and administrative
costs related to any
of the activities listed
above.
(C) In developing programs under this section, the
department and
the agency shall invite, accept, and consider
public
comment, and recommendations from the housing trust fund
advisory
committee created under section 175.25 of the Revised
Code, on
how the programs should be designed to most effectively
benefit
low- and moderate-income families and individuals. The
programs
developed under this section shall respond collectively
to
housing and housing assistance needs of low- and
moderate-income
families and individuals statewide.
(D) The department and
the agency, in accordance with
Chapter
119. of the Revised Code, shall each adopt rules under
which it
shall to administer programs developed by it under this
section.
The rules shall prescribe procedures and forms whereby that
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations may apply shall use in applying for
grants,
loans, loan
guarantees,
and loan subsidies and that private
developers
and private
lenders may apply shall use in applying for loans, loan
guarantees, and loan
subsidies;
eligibility criteria for the
receipt of funds;
procedures for
reviewing and granting or denying
applications;
procedures for
paying out funds; conditions on the
use of funds;
procedures for
monitoring the use of funds; and
procedures under
which a
recipient shall be required to repay
funds that are
improperly
used. The rules adopted by the
department shall do
both of the
following:
(1) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
will provide, or assist in providing, a rental
housing
project, to
reasonably ensure that the rental housing
project
will be remain
affordable to those families and individuals
targeted for
the
rental housing project for the useful life of the
rental
housing
project or for thirty years, whichever is longer;
(2) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
will provide, or assist in providing, a housing
project to
prepare
and implement a plan to reasonably assist any
families
and
individuals displaced by the housing project in
obtaining
decent
affordable housing.
(E) In prescribing eligibility criteria and conditions for
the use of funds, neither the department nor the agency is limited to
the criteria and conditions specified in this section and each
may
prescribe additional eligibility criteria and conditions that
relate to the purposes for which
grants, loans, loan guarantees,
and loan subsidies may be made. However, the
department and
agency are limited by the following specifically
targeted low-
and
moderate-income guidelines:
(1) Not less than seventy-five per cent of the money
granted
and loaned under this section in any
fiscal year shall be
for
activities that will provide affordable housing and housing
assistance to families and individuals in a county whose incomes
are equal to or less than
fifty per cent of the median
income for
that the county in which they live, as determined by the department under
section 175.23
of the Revised Code.
(2) The remainder of the Any money
granted and loaned under
this
section in any
fiscal year that is not granted or loaned pursuant to division (E)(1) of this section shall be for activities
that
will
provide
affordable housing and housing assistance to
families
and
individuals in a county whose incomes are equal to or
less
than
eighty per cent of the median income for that the county in which they live, as
determined by the department under section 175.23 of the Revised
Code.
(F) In making
grants, loans, loan guarantees,
and loan
subsidies under this section, the department and
the
agency shall
give preference to viable projects and activities
that will
benefit those families and individuals in a county whose
incomes
are equal to or less than
thirty-five per cent of
the median
income for that the county in which they live, as determined by the department
under
section 175.23 of the Revised Code.
(G) The department and
the
agency
shall monitor the programs developed under this section to
ensure
that money granted and loaned under this section is not
used in a
manner that violates division (H) of section 4112.02 of
the
Revised Code or discriminates against families with children.
Sec. 183.02. This section's references to years mean state
fiscal years.
All payments received by the state pursuant to the
tobacco
master settlement agreement shall be deposited into the state
treasury to the credit of the tobacco master settlement agreement
fund,
which is hereby created. All investment earnings of the
fund shall also
be credited to the fund. Except as provided in
division
(K) of
this section, payments and interest credited to
the fund shall be transferred
by the director of budget and
management as
follows:
(A)(1) Of the first payment credited to the tobacco master
settlement
agreement fund in 2000 and the net amounts credited to
the
fund annually from 2000 to 2006 and in 2012, the
following
amount or percentage shall be transferred to the tobacco use
prevention and cessation trust fund, created in section 183.03 of
the Revised Code:
|
YEAR |
AMOUNT OR PERCENTAGE |
|
2000 (first payment credited) |
$104,855,222.85 |
|
2000 (net amount credited) |
70.30% |
|
2001 |
62.84 |
|
2002 |
61.41 |
|
2003 |
63.24 |
|
2004 |
66.65 |
|
2005 |
66.24 |
|
2006 |
65.97 |
|
2012 |
56.01 |
(2) Of the net amounts credited to the tobacco master
settlement agreement fund in 2013, the director shall transfer to
the tobacco use prevention and cessation trust fund the amount not
transferred to the tobacco use prevention and cessation trust fund
from the net amounts credited to the tobacco master settlement
agreement fund in 2002 due to
Am. Sub. H.B. No. 405
and Am. Sub.
S.B. No. 242 of the 124th
general
assembly. Of the net amounts
credited to the tobacco
master
settlement agreement fund in 2014,
the director shall
transfer to
the tobacco use prevention and
cessation trust fund
the amount not
transferred to the tobacco use
prevention and
cessation trust fund
from the net amounts credited
to the tobacco
master settlement
agreement fund in 2003 due to
Am.
Sub. H.B. No.
405
and Am. Sub. S.B. No. 242 of the 124th general
assembly. Of the net amounts credited to the tobacco master settlement agreement fund in 2015, the director shall transfer to the tobacco use prevention and cessation trust fund the amount not transferred to the tobacco use prevention and cessation trust fund from the net amounts credited to the tobacco master settlement agreement fund in 2004 due to H.B. of the 125th general assembly.
(B) Of the first payment credited to the tobacco master
settlement
agreement fund in 2000 and the net amounts credited to
the fund annually in
2000 and
2001, the following amount or
percentage shall be
transferred to the law enforcement
improvements trust fund,
created in section 183.10 of the Revised
Code:
|
YEAR |
AMOUNT OR PERCENTAGE |
|
2000 (first payment credited) |
$10,000,000 |
|
2000 (net amount credited) |
5.41% |
|
2001 |
2.32 |
(C)(1) Of the first payment credited to the tobacco master
settlement agreement fund in 2000 and the net amounts credited to
the fund
annually from 2000 to 2011, the following percentages
shall be transferred
to the southern Ohio agricultural and
community development
trust fund, created in section 183.11 of the
Revised
Code:
|
YEAR |
PERCENTAGE |
|
2000 (first payment credited) |
5.00% |
|
2000 (net amount credited) |
8.73 |
|
2001 |
8.12 |
|
2002 |
9.18 |
|
2003 |
8.91 |
|
2004 |
7.84 |
|
2005 |
7.79 |
|
2006 |
7.76 |
|
2007 |
17.39 |
|
2008 through 2011 |
17.25 |
(2) Of the net amounts credited to the tobacco master
settlement agreement fund in 2013, the director shall transfer to
the southern Ohio agricultural and community development trust
fund the amount not
transferred to the southern Ohio agricultural
and community development trust fund from
the net amounts credited
to the tobacco master settlement
agreement fund in 2002 due to
Am.
Sub. H.B. No. 405
and Am. Sub. S.B. No. 242 of the 124th
general
assembly. Of the net
amounts credited to the tobacco
master
settlement agreement fund
in 2014, the director shall
transfer to
the southern Ohio
agricultural and community development trust
fund the amount not
transferred to the southern Ohio agricultural
and community
development trust fund from the net
amounts credited
to the
tobacco master settlement agreement fund
in 2003 due to
Am.
Sub.
H.B.
No. 405
and Am. Sub. S.B. No. 242 of the 124th general
assembly.
(D)(1) The following percentages of the net amounts credited
to
the
tobacco master settlement agreement fund annually shall be
transferred to
Ohio's public health priorities trust fund, created
in
section 183.18 of the Revised Code:
|
YEAR |
PERCENTAGE |
|
2000 |
5.41 |
|
2001 |
6.68 |
|
2002 |
6.79 |
|
2003 |
6.90 |
|
2004 |
7.82 |
|
2005 |
8.18 |
|
2006 |
8.56 |
|
2007 |
19.83 |
|
2008 |
19.66 |
|
2009 |
20.48 |
|
2010 |
21.30 |
|
2011 |
22.12 |
|
2012 |
10.47 |
(2) Of the net amounts credited to the tobacco master
settlement agreement fund in 2013, the director shall transfer to
Ohio's public health priorities trust fund the amount not
transferred to
Ohio's public health priorities trust fund
from
the net amounts credited to the tobacco master settlement
agreement fund in 2002 due to
Am. Sub. H.B. No. 405
and Am. Sub.
S.B. No. 242 of the 124th
general assembly. Of the net amounts
credited to the tobacco
master settlement agreement fund in 2014,
the director shall
transfer to
Ohio's public health
priorities
trust fund
the amount not
transferred to
Ohio's public health
priorities trust fund from the net
amounts
credited to the tobacco
master settlement agreement fund
in 2003
due to
Am. Sub. H.B. No.
405
and Am. Sub. S.B. No. 242 of the
124th general assembly.
(E) The following percentages of the net amounts credited
to
the
tobacco master settlement agreement fund annually shall be
transferred to the biomedical research and technology transfer
trust fund, created in section 183.19 of the Revised
Code:
|
YEAR |
PERCENTAGE |
|
2000 |
2.71 |
|
2001 |
14.03 |
|
2002 |
13.29 |
|
2003 |
12.73 |
|
2004 |
13.78 |
|
2005 |
14.31 |
|
2006 |
14.66 |
|
2007 |
49.57 |
|
2008 to 2011 |
45.06 |
|
2012 |
18.77 |
(F) Of the amounts credited to the
tobacco master settlement
agreement fund annually,
the following amounts shall be
transferred to the education
facilities trust fund, created in
section 183.26 of the Revised
Code:
|
YEAR |
AMOUNT |
|
2000 |
$133,062,504.95 |
|
2001 |
128,938,732.73 |
|
2002 |
185,804,475.78 |
|
2003 |
180,561,673.11 |
|
2004 |
122,778,219.49 |
|
2005 |
121,389,325.80 |
|
2006 |
120,463,396.67 |
|
2007 |
246,389,369.01 |
|
2008 to 2011 |
267,531,291.85 |
|
2012 |
110,954,545.28 |
(G) Of the amounts credited to the tobacco master settlement
agreement fund annually, from 2000 to 2012 five million dollars
per year shall
be transferred to the education facilities
endowment fund, created in section 183.27 of the Revised
Code.
From 2013 to 2025, the
following percentages of the amounts
credited to the tobacco master
settlement agreement fund annually
shall be transferred to the endowment
fund:
|
YEAR |
PERCENTAGE |
|
2013 |
30.22 |
|
2014 |
33.36 |
|
2015 to 2025 |
40.90 |
(H) The following percentages of the net amounts credited to
the
tobacco master settlement agreement fund annually shall be
transferred to the
education technology trust fund, created in
section 183.28 of the Revised Code:
|
YEAR |
PERCENTAGE |
|
2000 |
7.44 |
|
2001 |
6.01 |
|
2002 |
9.33 |
|
2003 |
8.22 |
|
2004 |
3.91 |
|
2005 |
3.48 |
|
2006 |
3.05 |
|
2007 |
13.21 |
|
2008 |
18.03 |
|
2009 |
17.21 |
|
2010 |
16.39 |
|
2011 |
15.57 |
|
2012 |
14.75 |
(I)
In each year from 2003 to 2025, after the transfers made
under divisions (F) and (G) of this section but prior to the
transfers made under divisions (A) to (E) of this section, the
director of budget and management shall transfer to the tobacco
settlement oversight, administration, and enforcement fund created
in section 183.34 of the Revised Code such amount as the director
determines necessary to pay the costs incurred by the attorney
general in tobacco settlement oversight, administration, and
enforcement.
(J) In each year from 2003 to 2025, after the transfers
made
under divisions (F) and (G) of this section but prior to the
transfers made under divisions (A) to (E) of this section, the
director of budget and management shall transfer to the tobacco
settlement enforcement fund created in section 183.35 of the
Revised Code such amount as the director determines necessary to
pay the costs incurred by the tax commissioner in the enforcement
of divisions (F) and (G) of section 5743.03 of the Revised Code.
(K) If in any year from 2001 to 2012 the payments and
interest
credited to the tobacco master settlement agreement fund
during the year
amount to less than the amounts required to be
transferred to the education facilities trust fund
and the
education facilities endowment
fund that year, the director of
budget and management shall make none of the
transfers required by
divisions (A) to
(J) of this section.
(L) If in any year from 2000 to 2025 the payments
credited
to the
tobacco master settlement agreement fund during
the year
exceed
the following amounts, the director of budget and
management shall
transfer the excess to the income tax reduction
fund, created in
section 131.44 of the Revised Code:
|
YEAR |
AMOUNT |
|
2000 |
$443,892,767.51 |
|
2001 |
348,780,049.22 |
|
2002 |
418,783,038.09 |
|
2003 |
422,746,368.61 |
|
2004 |
352,827,184.57 |
|
2005 |
352,827,184.57 |
|
2006 |
352,827,184.57 |
|
2007 |
352,827,184.57 |
|
2008 to 2017 |
383,779,323.15 |
|
2018 to 2025 |
403,202,282.16 |
Sec. 183.28. The education technology trust fund is hereby
created in the state treasury. Money credited to the fund shall
be used to pay costs of
the Ohio SchoolNet
commission under
section
3301.80 of the Revised Code department of education for school technology-related activities.
All
investment earnings of
the fund shall
be credited to the fund.
Sec. 305.28. (A) A board of county commissioners, by resolution, may adopt a cost allocation plan that identifies, accumulates, and distributes allowable direct and indirect costs that may be paid from any county special revenue fund, enterprise fund, or internal service fund to the county general fund, including funds provided for in sections 307.806 and 307.846 of the Revised Code. The plan shall use cost principles like those contained in the United States office of management and budget circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments." The plan may include reasonable rates or charges for general fund direct and indirect costs, administrative services, and centrally budgeted costs. If rates and charges are so included, the county shall periodically review them to ensure that they continue to reflect actual costs.
(B) After the adoption of a cost allocation plan under division (A) of this section, the board of county commissioners may adopt a resolution of intent declaring its intention to allocate costs identified in the plan to any special revenue fund, enterprise fund, or internal service fund, and identifying the name of each such fund, any numerical fund identifier, and the rates or charges to be made. By regular mail or by personal service, the clerk of the board shall give a certified copy of the resolution of intent, a copy of the cost allocation plan, and an estimate of the costs that will be allocated to the particular fund in the next ensuing fiscal year, to the county elected official or the board, commission, or other instrumentality of the county associated with each fund identified in the resolution of intent.
Within twenty days after the mailing or personal service of those documents, a recipient county elected official, board, commission, or other instrumentality may request a meeting with the board of county commissioners to discuss the rates or charges in the resolution of intent. The board shall consider their comments. Not sooner than twenty days after receiving the comments of all recipients who timely made a request for a meeting, the board may adopt a resolution to proceed consistent with its cost allocation plan, which may amend the rates or charges specified in the resolution of intent. These rates and charges cannot be charged before the first day of January of the ensuing fiscal year to any special revenue fund, enterprise fund, or internal service fund specified in the resolution to proceed with the plan.
(C) After adoption of the resolution to proceed with the cost allocation plan under division (B) of this section, the board of county commissioners shall charge, at least annually, each applicable county elected official, board, commission, or other instrumentality in a manner consistent with that resolution and the plan. Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the Revised Code, if the county elected official, board, commission, or other instrumentality does not reimburse the general fund as charged, the board may authorize a transfer from the appropriate special revenue fund, enterprise fund, or internal service fund to the general fund, or may take any other action to ensure that the rates or charges are collected and deposited in the general fund.
(D) The authority granted in this section is in addition to and not in derogation of the authority granted to the board of county commissioners in section 307.85, division (B) of section 343.08, section 955.17, division (H) of section 6103.02, and division (E) of section 6117.02 of the Revised Code.
Sec. 307.202. As used in this section, "rail property" and "rail service"
have the same meanings as in section 4981.01 5507.01 of the Revised Code.
The board of county commissioners may acquire, rehabilitate, and develop rail
property and rail service, and may enter into agreements with the Ohio rail
development commission, boards of township trustees, legislative authorities
of
municipal corporations, other boards of county commissioners, with other
governmental agencies or organizations, and with private agencies or
organizations in order to achieve those purposes.
Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but
not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of fifteen thousand dollars,
except
as otherwise provided in division (D) of section 713.23 and
in
sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,
340.033,
4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,
and
6137.05 of the Revised Code, shall be obtained through
competitive bidding. However, competitive bidding is not
required
when any of the following applies:
(A) The board of county commissioners, by a unanimous vote
of its members, makes a determination that a real and present
emergency exists, and that determination and the
reasons for it
are entered in the minutes of the proceedings of the board, when
either of
the following applies:
(1) The estimated cost is less than fifty thousand
dollars.
(2) There is actual physical disaster to structures, radio
communications
equipment, or computers.
For purposes of this division, "unanimous vote" means all
three members of
a board of county commissioners when all three
members are present, or two
members of the board if only two
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is fifteen thousand dollars or
more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited. The county or contracting
authority shall maintain the record for the longer
of at least one
year after
the contract is awarded or the amount of time the
federal government
requires.
(B) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier.
(C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a
board of
education, township, or municipal corporation.
(D) Public family Family services duties or workforce development
activities are purchased for provision by
the county department of
job and family services under
section 329.04 of
the Revised Code,
or program services, such as direct and
ancillary client services,
child day-care, case management
services, residential services,
and family resource services, are
purchased for provision by a
county board of mental retardation
and developmental disabilities
under section 5126.05 of the
Revised Code.
(E) The purchase consists of
criminal justice services,
social services programs, family services,
or workforce
development activities by
the board of county commissioners from
nonprofit corporations or
associations under programs
funded
by
the
federal government
or by state grants.
(F) The purchase consists of any form of an insurance
policy
or contract authorized to be issued under Title XXXIX of
the
Revised Code or any form of health care plan
authorized to be
issued under Chapter 1751. of the Revised Code, or any
combination
of such policies,
contracts, or plans that the contracting
authority is authorized
to purchase, and the contracting authority
does all of the
following:
(1) Determines that compliance with the requirements of
this
section would increase, rather than decrease, the cost of
the
purchase;
(2) Employs a competent consultant to assist the
contracting
authority in procuring appropriate coverages at the
best and
lowest prices;
(3) Requests issuers of
the policies, contracts, or
plans
to submit proposals to the contracting authority, in a form
prescribed by the contracting authority, setting forth the
coverage and cost of
the policies, contracts, or plans as the
contracting authority desires to purchase;
(4) Negotiates with
the issuers for the purpose of
purchasing
the policies, contracts, or plans at the best and
lowest price reasonably possible.
(G) The purchase consists of computer hardware, software,
or
consulting services that are necessary to implement a
computerized
case management automation project administered by
the Ohio
prosecuting attorneys association and funded by a grant
from the
federal government.
(H) Child day-care services are purchased for provision to
county employees.
(I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply:
(a) The contracting authority is authorized by the Revised
Code to lease the
property.
(b) The contracting authority develops requests for
proposals for leasing the property, specifying the criteria that
will be considered prior to leasing the property, including the
desired size and geographic location of the property.
(c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code.
(d) The contracting authority negotiates with the
prospective lessors to obtain a lease at the best and lowest
price
reasonably possible considering the fair market value of
the
property and any relocation and operational costs that may be
incurred
during the period the lease is in effect.
(2) The contracting authority may use the services of a
real
estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division.
(J) The purchase is made pursuant to section 5139.34 or
sections
5139.41 to 5139.46 of the Revised Code and is of programs
or services that
provide case
management, treatment, or prevention
services to any felony or misdemeanant
delinquent, unruly youth,
or status offender under the supervision of the
juvenile court,
including, but not limited to, community
residential care, day
treatment, services to children in their home, or
electronic
monitoring.
(K) The purchase is made by a public children services
agency pursuant to
section 307.92 or 5153.16 of the Revised Code
and consists of
family services,
programs, or ancillary services
that provide case management, prevention, or
treatment services
for children at risk of being or alleged to be abused,
neglected,
or dependent children.
Any issuer of policies, contracts, or plans listed in
division (F) of this section and any prospective lessor under
division (I) of
this section may have the issuer's or prospective
lessor's
name and address, or the name and address
of an agent,
placed on a special
notification list to be kept by the
contracting authority, by
sending the contracting authority
that
name and address. The
contracting authority shall send
notice to
all persons listed on
the special notification list.
Notices shall
state the deadline
and place for submitting
proposals. The
contracting authority
shall mail the notices at
least six weeks
prior to the deadline
set by the contracting
authority for
submitting proposals.
Every five years the
contracting authority
may review this list
and remove any person
from the list after
mailing the person
notification of
that
action.
Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
renegotiate with issuers in accordance with that division at
least
every three years from the date of the signing of such a
contract.
Any consultant employed pursuant to division (F) of this
section and any real estate appraiser employed pursuant to
division (I) of
this section shall disclose any fees or
compensation received from any
source in connection with that
employment.
Sec. 307.98. Each board of county
commissioners shall enter into a one or more written partnership agreement fiscal agreements with the
director of job and family services in accordance with
section 5101.21 of the Revised
Code. Prior to
entering into or substantially amending the agreement, the board shall conduct
a public hearing and
consult with the county family services planning committee
established under section 329.06 of the Revised Code. Through the hearing and
consultation, the board shall obtain comments and
recommendations concerning what would be the county's
obligations and responsibilities under the agreement or amendment.
As evidence that the board consulted with the county
family services
planning committee, the committee's chair shall sign a letter confirming that
the consultation occurred, which shall be attached to the partnership
agreement and any substantial amendments to the agreement. The boards shall enter into the agreements on behalf of their county family services agencies.
Sec. 307.981. (A)(1) As
used in the
Revised Code:
(a) "County family services
agency" means all of the
following:
(i) A child support enforcement agency;
(ii) A county department of job and
family services;
(iii) A public children services agency.
(b) "Family services duty"
means a duty state law requires
or allows a county family services agency to
assume, including financial and general administrative duties.
(2) As used in sections
307.981 to 307.989 of the Revised Code, "private entity"
means an entity other than a government entity.
(B) To the extent permitted by federal law, including, when applicable, subpart
F of 5 C.F.R. part 900, and
subject to any limitations established by the Revised
Code, including division (H) of this section,
a board of
county commissioners may designate any private or government
entity within this state to serve as any of the following:
(1) A child support enforcement agency;
(2) A county
department of job and family services;
(3) A public children services agency;
(4) A county department of job and family services and one other of
those county family services
agencies;
(5) All three of
those county family services agencies;
(6) A workforce development agency;
(7) A workforce development agency and a county department of job and
family services;
(8) A workforce development agency and a county department of job and
family services and one or two of the other county family services agencies.
(C) A To the extent permitted by federal law, including, when applicable, subpart F of 5 C.F.R. part 900, and subject to any limitations of the Revised Code, including division (H) of this section, a board of county commissioners may change
the
designation it makes under division (B) of this section by
designating another private or government entity.
(D) If the director of job and family services determines that a
designation under division (B) or (C) of this section
constitutes
a substantial change from what is the designation in the current partnership a fiscal agreement between
the director of job and family services and the board of county commissioners under
section 5101.21 of the Revised Code, the director may
require that the director and board amend the partnership fiscal agreement and that
the board provide the director written assurances that the
newly designated private or government entity will meet or exceed
all requirements of the family services duties or workforce
development activities the entity is to assume.
(E) Not
less than sixty days before a board of county commissioners designates
an entity
under division (B) or (C) of this section, the board
shall notify the director
of job and family services and publish notice in a
newspaper of general
circulation in the county of the board's intention to make the
designation and reasons for the designation.
(F) A board of county commissioners shall enter into a written
contract with each entity it designates under division (B) or
(C) of this section
specifying the entity's responsibilities and standards the
entity is required to meet.
(G) This section does not require a board of county
commissioners to abolish the child support enforcement agency,
county department of job and family services, or public
children services
agency serving the county on
October 1, 1997, and designate a different private or
government entity to serve
as the county's child support enforcement agency, county
department of job and family services, or public children
services
agency.
(H) If a county children
services board appointed under section 5153.03 of the
Revised
Code serves as a public
children services agency for a county, the board of county
commissioners may not redesignate the public children services
agency unless the board of county commissioners does all of the
following:
(1) Notifies the county children services board of its
intent to redesignate the public children services agency. In its
notification, the board of county commissioners shall provide the county
children services board a written explanation of the administrative, fiscal,
or performance considerations causing the board of county commissioners to
seek to redesignate the public children services agency.
(2) Provides the county children services board an opportunity to
comment on the proposed redesignation before the redesignation
occurs;
(3) If the county children services board, not more than
sixty days after receiving the notice under division
(H)(1) of this section,
notifies the board of county commissioners that the county
children services board has voted to oppose the redesignation,
votes unanimously to proceed with the redesignation.
Sec. 307.987. To the extent
federal statutes and regulations and
state law permit, a partnership agreement
entered into under
section 307.98, a contract
entered into under section 307.981 or 307.982,
a plan of cooperation entered into under section 307.983, a regional plan
of cooperation entered into under section 307.984, a
transportation
work plan developed under section 307.985, and
procedures established under
section 307.986 of the Revised Code shall permit the
exchange of information needed to improve services and assistance to
individuals and families and the protection of children. A private or
government entity that receives information pursuant to an agreement,
contract, a plan, or procedures is bound by the same standards of
confidentiality as the
entity that provides the information.
An agreement, contract, A plan, or procedures
shall:
(A) Be coordinated and not conflict with another
agreement, contract, plan, or procedures or an agreement entered into under
section 329.05
of the Revised Code;
(B) Prohibit discrimination in hiring and promotion
against applicants for and participants of the
Ohio works first
program established under
Chapter 5107. of the Revised Code and the prevention, retention, and
contingency
program established under Chapter 5108. of the Revised Code;
(C) Comply with federal statutes and regulations and
state law;
(D) Be adopted by resolution of a board of county
commissioners;
(E) Specify how the agreement, contract, plan, or procedures may
be amended.
Sec. 311.17.
For
the services specified in this
section,
the sheriff shall
charge the following
fees, which the court or
its clerk
thereof shall tax in the bill
of costs against the judgment
debtor or those legally liable
therefor
for the judgment:
(A) For the service and return of the following writs and
orders:
(a) When money is paid without levy or when no property
is
found, five twenty dollars;
(b) When levy is made on real property, for the first
tract, twenty twenty-five dollars, and for each additional tract, five
ten dollars;
(c) When levy is made on goods and chattels, including
inventory, twenty-five fifty dollars;.
(2) Writ of attachment of property, except for purpose of
garnishment, twenty forty dollars;
(3) Writ of attachment for the purpose of garnishment,
five ten dollars;
(4) Writ of replevin, twenty forty dollars;
(5) Warrant to arrest, for each person named in the writ,
five ten dollars;
(6) Attachment for contempt, for each person named in the
writ, three six dollars;
(7) Writ of possession or restitution, twenty sixty dollars;
(8) Subpoena, for each person named in the writ, if in either a
civil or criminal case three, six dollars, if in a criminal case one dollar;
(9) Venire, for each person named in the writ, if in either a
civil or criminal case three, six dollars, if in a criminal case one dollar;
(10) Summoning each juror, other than on venire, if in either a
civil or criminal case three, six dollars, if in a criminal case one dollar;
(11) Writ of partition, fifteen twenty-five dollars;
(12) Order of sale on partition, for the first tract,
twenty-five fifty dollars, and for each additional tract, five
twenty-five dollars;
(13) Other order of sale of real property, for the first
tract, twenty fifty dollars, and for each additional tract, five
twenty-five dollars;
(14) Administering oath to appraisers, one dollar and
fifty cents three dollars each;
(15) Furnishing copies for advertisements, fifty cents
one dollar for
each hundred words;
(16) Copy of indictment, for each defendant, two five dollars;
(17) All summons, writs, orders, or notices, for the
first
name, three six dollars, and for each additional name, fifty
cents one dollar.
(B) In addition to the fee for service and return, the
sheriff may charge:
(1) On each summons, writ, order, or notice, a fee of
fifty cents one dollar per mile for the first mile, and twenty fifty cents per
mile
for each additional mile, going and returning, actual
mileage to
be charged on each additional name;
(2) Taking bail bond, one dollar three dollars;
(3) Jail fees, as follows:
(a) For receiving a prisoner, four five dollars
each time a
prisoner is received, and for
discharging or surrendering a
prisoner, four five dollars;
each time a prisoner is discharged or
surrendered. The departure or return of a prisoner from or to a
jail in connection with a program established under section
5147.28 of the Revised Code is not a receipt, discharge, or
surrender of the prisoner for purposes of this division.
(b) Taking a prisoner before a judge or court, per day,
three five dollars;
(c) Calling action, fifty cents one dollar;
(d) Calling jury, one dollar three dollars;
(e) Calling each witness, one dollar three dollars;
(f) Bringing prisoner before court on habeas corpus, four six
dollars;.
(4) Poundage on all moneys actually made and paid to the
sheriff on execution, decree, or sale of real estate, one and one-half per
cent;
(5) Making and executing a deed of land sold on
execution,
decree, or order of the court, to be paid by the
purchaser,
twenty-five fifty dollars.
When any of the
foregoing services
described in division
(A) or (B) of this section are rendered by an
officer or employee,
whose salary or per diem compensation is
paid by the county, the
applicable legal fees
and any other extraordinary expenses,
including overtime, provided for
such
the service
in
this section
shall be taxed in the costs in the case, and, when
such fees are
collected
they, shall be paid into the general fund
of the county.
The sheriff shall charge the same fees for the execution
of
process issued in any other state as
he
the sheriff charges for
the execution
of process of a substantively similar nature that is
issued in
this state.
Sec. 317.32. The county recorder shall
charge and collect
the following fees, to include base fees for the recorder's services and housing trust fund fees, collected pursuant to section 317.36 of the Revised Code:
(A) For recording and indexing an instrument when the
photocopy or any similar process is employed, a base fee of fourteen dollars
for
the first two pages and a housing trust fund fee of fourteen dollars, and a base fee of four dollars and a housing trust fund fee of four dollars for each subsequent
page,
size eight and one-half inches by fourteen inches, or
fraction of
a page, including the caption page, of such
instrument;
(B) For certifying a photocopy from the record previously
recorded, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by
fourteen inches, or fraction of a page; for each certification
where the recorder's seal is required, except as to instruments
issued by the armed forces of the United States, a base fee of fifty cents and a housing trust fund fee of fifty cents;
(C) For manual or typewritten recording of assignment or
satisfaction of mortgage or lease or any other marginal entry, a base fee of
four dollars and a housing trust fund fee of four dollars;
(D) For entering any marginal reference by separate
recorded
instrument, a base fee of two dollars and a housing trust fund fee of two dollars for each marginal reference set
out in
that instrument, in addition to the recording fee fees set
forth in
division (A) of this section;
(E) For indexing in the real estate mortgage records,
pursuant to
section
1309.519 of
the
Revised Code,
financing
statements covering crops growing or to be
grown,
timber to be
cut, minerals or the like, including oil and
gas,
accounts subject
to
section
1309.301
of the
Revised Code, or fixture filings made
pursuant to section
1309.334
of the Revised Code, a base fee of two dollars and a housing trust fund fee of two dollars for
each name
indexed;
(F) For recording manually any plat not exceeding six
lines, a base fee of
two dollars and a housing trust fund fee of two dollars, and for each additional line, a base fee of ten cents and a housing trust fund fee of ten cents;
(G) For filing zoning resolutions, including text and
maps,
in the office of the recorder as required under sections
303.11
and 519.11 of the Revised Code, a base fee of fifty dollars and a housing trust fund fee of fifty dollars, regardless
of the
size or length of the resolutions;
(H) For filing zoning amendments, including text and maps,
in the office of the recorder as required under sections 303.12
and 519.12 of the Revised Code, a base fee of ten dollars and a housing trust fund fee of ten dollars for the first page
and a base fee of
four dollars and a housing trust fund fee of four dollars for each additional page;
(I) For photocopying a document, other than at the time of
recording and indexing as provided for in division (A) of this
section, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by
fourteen inches, or fraction thereof;
(J) For local facsimile transmission of a document, a base fee of one
dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by fourteen
inches, or fraction thereof; for long distance facsimile
transmission of a document, a base fee of two dollars and a housing trust fund fee of two dollars per page, size eight and
one-half inches by fourteen inches, or fraction thereof;
(K) For recording a declaration executed pursuant to section
2133.02 of the Revised
Code or a durable power of attorney for
health
care executed pursuant to section 1337.12 of the
Revised
Code,
or both a declaration and a durable power of attorney for
health care, a base fee of at
least fourteen dollars but not more than twenty
dollars and a housing trust fund fee of at least fourteen dollars but not more than twenty dollars.
In any county in which the recorder employs the photostatic
or any similar process for recording maps, plats, or prints the
recorder
shall determine, charge, and collect for the recording or
rerecording of any map, plat, or print, a base fee of five cents and a housing trust fund fee of five cents per
square inch, for each square inch of the map, plat, or print
filed
for that recording or rerecording, with a minimum base fee of
twenty
dollars and a minimum housing trust fund fee of twenty dollars; for certifying a copy from the record, a base fee of
two cents
and a housing trust fund fee of two cents per square inch of the record, with a minimum base fee of
two dollars and a minimum housing trust fund fee of two dollars.
The fees provided in this section shall be paid upon the
presentation of the instruments for record or upon the
application
for any certified copy of the record, except
that the payment of
fees
associated with the filing and recording of, or the copying
of,
notices of internal revenue tax liens and notices of other
liens
in favor of the United States as described in division (A)
of
section 317.09 of the Revised Code and certificates of
discharge
or release of those liens, shall be
governed by section
317.09 of the Revised Code, and the payment of
fees for
providing
copies of instruments conveying or extinguishing agricultural
easements to the office of farmland preservation under division
(G) of section 5301.691 of the Revised Code shall be governed by
that
division.
Sec. 317.36. (A) The county recorder shall collect the low- and moderate-income housing trust fund fee as specified in sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, 5111.021, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of any housing trust fund fee the recorder is authorized to collect is equal to the amount of any base fee the recorder is authorized to collect for services. The housing trust fund fee shall be collected in addition to the base fee.
(B) The recorder shall certify the amounts collected as housing trust fund fees pursuant to division (A) of this section into the county treasury as housing trust fund fees, collected solely to provide revenue for the low- and moderate-income housing trust fund in the state treasury created under section 175.21 of the Revised Code.
Sec. 319.302. After complying with section 319.301 of the
Revised Code, the
county auditor shall reduce the remaining sums
to be levied against each parcel of real (A) Real property listed on the
general current tax list and duplicate of real and public utility
property for the current tax year, and against each manufactured
and or mobile home that is
homes taxed pursuant to division (D)(2) of section
4503.06 of the Revised Code and that is listed on the
current manufactured home tax list for the current tax year, by ten per
cent. Except shall be exempted from taxation to the extent provided in division (A)(1), (2), or (3) of this section. The exemption shall be effected by the county auditor reducing the sums remaining to be levied against such real property and manufactured or mobile homes by the amounts prescribed in those divisions after the reduction under section 319.301 of the Revised Code:
(1) Ten per cent of the remaining sums in the case of a tract or parcel of real property classified according to use as agricultural;
(2) Ten per cent of the remaining sums in the case of a tract or parcel of real property classified according to use as residential and on which is situated a single-family or two-family dwelling. If the dwelling qualifies for the reduction in taxes under division (B) of section 323.152 of the Revised Code for the current tax year or would qualify if an application for the reduction had been filed, the ten per cent reduction shall apply only to the extent of the remaining sums to be levied on the first one million dollars in true value of those tracts, including the true value of the dwelling.
(3) Ten per cent of the remaining sums in the case of a manufactured or mobile home. If the manufactured or mobile home qualifies for the reduction in taxes under division (B) of section 323.152 of the Revised Code for the current tax year or would qualify if an application for the reduction had been filed, the ten per cent reduction shall apply to the home and the tract or parcel of land on which the home is situated only to the extent of the remaining sums to be levied on the first one million dollars in true value of the tract or parcel and the home. The reduction shall be applied first to the sums to be levied against the tract or parcel of land if owned by the owner of the home and then, if the maximum reduction is not exceeded after such application, to the sums to be levied against the manufactured or mobile home.
(4) Five per cent of the remaining sums in the case of all other real property.
(B) Except as otherwise provided in sections 323.152, 323.158, 505.06,
and 715.263 of the Revised Code, the
amount of the taxes remaining after such reduction the exemption is applied under this section shall be the
real and public utility property taxes charged and payable, and the
manufactured home tax charged and payable, on
each property and shall be the amounts that are certified to the county
treasurer for collection. Upon receipt of the tax duplicate, the
county treasurer shall certify to the tax commissioner the total amount
by which such taxes were reduced under this section, as shown on
the duplicate. Such reduction
(C) The exemption provided in this section shall not directly or indirectly
affect the determination of the principal amount of notes that
may be issued in anticipation of any tax levies or the amount of
bonds or notes for any planned improvements. If after
application of sections 5705.31 and 5705.32 of the Revised Code
and other applicable provisions of law, including division (F) of
section 321.24 of the Revised Code, there would be insufficient
funds for payment of debt charges on bonds or notes payable from
taxes reduced by this section, the reduction of taxes exemption provided
for in this section shall be adjusted to the extent necessary to
provide funds from such taxes.
Sec. 319.63. (A) During the first thirty days of each calendar quarter, the county auditor shall pay to the treasurer of state all amounts that the county recorder collected as housing trust fund fees pursuant to section 317.36 of the Revised Code during the previous calendar quarter. If payment is made to the treasurer of state within the first thirty days of the quarter, the county auditor may retain an administrative fee of one per cent of the amount of the trust fund fees collected during the previous calendar quarter.
(B) The treasurer of state shall deposit the first fifty million dollars of housing trust fund fees received each year pursuant to this section into the low- and moderate-income housing trust fund, created under section 175.21 of the Revised Code, and shall deposit any amounts received each year in excess of fifty million dollars into the state general revenue fund.
(C) The county auditor shall deposit the administrative fee that the auditor is permitted to retain pursuant to division (A) of this section into the county general fund for the county recorder to use in administering the trust fund fee.
Sec. 321.24. (A) On or before the fifteenth day of
February, in each year, the county treasurer shall settle with
the
county auditor for all taxes and assessments that the
treasurer
has
collected on the general duplicate of real and public utility
property at the time of making the settlement.
(B) On or before the thirtieth day of June, in each year,
the treasurer shall settle with the auditor for all advance
payments of general personal and classified property taxes that
the treasurer has received at the time of making the
settlement.
(C) On or before the tenth day of August, in each year,
the
treasurer shall settle with the auditor for all taxes and
assessments that the treasurer has collected on the general
duplicates of
real and public utility property at the time of
making such
settlement, not included in the preceding February
settlement.
(D) On or before the thirty-first day of October, in each
year, the treasurer shall settle with the auditor for all taxes
that the treasurer has collected on the general personal and
classified
property duplicates, and for all advance payments of
general
personal and classified property taxes, not included in
the
preceding June settlement, that the treasurer has received at
the time of
making such settlement.
(E) In the event the time for the payment of taxes is
extended, pursuant to section 323.17 of the Revised Code, the
date
on or before which settlement for the taxes so extended must
be
made, as herein prescribed, shall be deemed to be extended for
a
like period of time. At each such settlement, the auditor
shall
allow to the treasurer, on the moneys received or collected
and
accounted for by the treasurer, the
treasurer's fees, at the
rate or percentage
allowed by law, at a full settlement of the
treasurer.
(F) Within thirty days after the day of each settlement of
taxes required under divisions (A) and (C) of this section, the
treasurer shall certify to the tax commissioner any adjustments
which have been made to the amount certified previously pursuant
to section 319.302 of the Revised Code and that the settlement
has
been completed. Upon receipt of such certification, the
commissioner shall provide for payment to the county treasurer
from the general revenue fund of an amount equal to one-half of
the amount certified by the treasurer in the preceding tax year
under section 319.302 of the Revised Code, less one-half of the amount computed for all taxing districts in that county for the current fiscal year under section 5703.60 of the Revised Code for crediting to the property tax administration fund. Such payment shall be
credited upon receipt to the county's undivided income tax fund,
and the county auditor shall transfer to the county general fund
from the amount thereof the total amount of all fees and charges
which the auditor and treasurer would have been authorized to
receive had such section not been in effect and that
amount had
been levied and collected as taxes. The county auditor shall
distribute the amount remaining among the various taxing
districts
in the county as if it had been levied, collected, and
settled as
real property taxes. The amount distributed to each taxing district shall be reduced by the total of the amounts computed for the district under divisions (A), (B), and (C) of section 5703.60 of the Revised Code, but the reduction shall not exceed the amount that otherwise would be distributed to the taxing district under this division. The tax commissioner shall make available to taxing districts such information as is sufficient for a taxing district to be able to determine the amount of the reduction in its distribution under this section.
(G)(1) Within thirty days after the day of the settlement
required in division (D) of this section, the county treasurer shall
certify to notify the tax commissioner that the settlement has been
completed. Upon receipt of that certification notification, the commissioner
shall provide for payment to the county treasurer from the
general
revenue fund of an amount equal to the amount certified under section
319.311 of the
Revised Code in the current year paid in the state's fiscal year 2003 multiplied by the percentage specified in division (G)(2) of this section. The payment
shall be credited
upon receipt to the county's undivided income
tax fund, and the
county auditor shall distribute the amount
thereof among the
various taxing districts of the county as if it
had been levied,
collected, and settled as personal property
taxes. The amount
received by a taxing district under this
division shall be
apportioned among its funds in the same
proportion as the current
year's personal property taxes are
apportioned.
(2) Payments required under division (G)(1) of this section shall be made at the following percentages of the amount paid under division (G) of this section in the state's fiscal year 2003:
(a) In fiscal year 2004, ninety per cent;
(b) In fiscal year 2005, eighty per cent;
(c) In fiscal year 2006, seventy per cent;
(d) In fiscal year 2007, sixty per cent;
(e) In fiscal year 2008, fifty per cent;
(f) In fiscal year 2009, forty per cent;
(g) In fiscal year 2010, thirty per cent;
(h) In fiscal year 2011, twenty per cent;
(i) In fiscal year 2012, ten per cent.
After fiscal year 2012, no payments shall be made under division (G) of this section.
(H)(1) On or before the fifteenth day of April each
year,
the county treasurer shall settle with the county auditor for all
manufactured home taxes that the county treasurer has
collected on
the
manufactured home tax duplicate at the time of making the
settlement.
(2) On or before the fifteenth day of September each year,
the
county treasurer shall settle with the county auditor for all
remaining manufactured home taxes that the county
treasurer has
collected on the manufactured home tax duplicate at
the time of
making the settlement.
(3) If the time for payment of such taxes is extended under
section 4503.06 of the Revised Code, the time for making the
settlement as prescribed by divisions (H)(1) and (2) of this
section is extended for a like period of time.
Sec. 323.01. Except as otherwise provided, as used in
Chapter 323. of the Revised Code:
(A) "Subdivision" means any county, township, school
district, or municipal
corporation.
(B) "Municipal corporation" includes charter
municipalities.
(C) "Taxes" means the total amount of all charges against
an entry appearing on a tax list and the duplicate thereof that
was prepared and certified in accordance with section 319.28 of
the Revised Code, including taxes levied against real estate;
taxes on property whose value is certified pursuant to section
5727.23 of the Revised Code; recoupment charges applied pursuant
to section 5713.35 of the Revised Code; all assessments;
penalties and interest charged pursuant to section 323.121 of the
Revised Code; charges added pursuant to section 319.35 of the
Revised Code; and all of such charges which remain unpaid from
any previous tax year.
(D) "Current taxes" means all taxes charged against an
entry on the general tax list and duplicate of real and public
utility property that have not appeared on such list and
duplicate for any prior tax year and any penalty thereon charged
by division (A) of section 323.121 of the Revised Code. Current
taxes, whether or not they have been certified delinquent, become
delinquent taxes if they remain unpaid after the last day
prescribed for payment of the second installment of current taxes
without penalty.
(E) "Delinquent taxes" means:
(1) Any taxes charged against an entry on the general tax
list and duplicate of real and public utility property that were
charged against an entry on such list and duplicate for a prior
tax year and any penalties and interest charged against such
taxes.
(2) Any current taxes charged on the general tax list and
duplicate of real and public utility property that remain unpaid
after the last day prescribed for payment of the second
installment of such taxes without penalty, whether or not they
have been certified delinquent, and any penalties and interest
charged against such taxes.
(F) "Current tax year" means, with respect to particular
taxes, the calendar year in which the first installment of taxes
is due prior to any extension granted under section 323.17 of the
Revised Code.
(G) "Liquidated claim" means:
(1) Any sum of money due and payable, upon a written
contractual obligation executed between the subdivision and the
taxpayer, but excluding any amount due on general and special
assessment bonds and notes;
(2) Any sum of money due and payable, for
disability financial assistance or disability medical assistance provided under Chapter
5115. of the Revised Code that is furnished to or in behalf of
a subdivision, provided that such claim is recognized by a
resolution or ordinance of the legislative body of such
subdivision;
(3) Any sum of money advanced and paid to or received and
used by a subdivision, pursuant to a resolution or ordinance of
such subdivision or its predecessor in interest, and the moral
obligation to repay which sum, when in funds, shall be recognized
by resolution or ordinance by the subdivision.
Sec. 323.13. Except as provided in section 323.134 of the
Revised Code, immediately upon receipt of any tax duplicate from
the county auditor, but not less than twenty days prior to the
last date on which the first one-half taxes may be paid without
penalty as prescribed in section 323.12 or 323.17 of the Revised
Code, the county treasurer shall cause to be prepared and mailed
or delivered to each person charged on such duplicate with taxes
or to an agent designated by such person, the tax bill prescribed
by the commissioner of tax equalization under section 323.131 of
the Revised Code. When taxes are paid by installments, the
county treasurer shall mail or deliver to each person charged on
such duplicate or the agent designated by such person, a second
tax bill showing the amount due at the time of the second tax
collection. The second half tax bill shall be mailed or
delivered at least twenty days prior to the close of the second
half tax collection period.
After delivery of the delinquent land duplicate as
prescribed in section 5721.011 of the Revised Code, the county
treasurer may prepare and mail to each person in whose name
property therein is listed an additional tax bill showing the
total amount of delinquent taxes appearing on such duplicate
against such property. The tax bill shall include a notice that
the interest charge prescribed by division (B) of section 323.121
of the Revised Code has begun to accrue.
A change in the mailing address of any tax bill shall be
made in writing to the county treasurer.
Upon certification by the county auditor of the
apportionment of taxes following the transfer of a part of a
tract or lot of real estate, and upon request by the owner of any
transferred or remaining part of such tract or parcel, the
treasurer shall cause to be prepared and mailed or delivered to
such owner a tax bill for the taxes allocated to his the
owner's part,
together with the penalties, interest, and other charges.
Failure to receive any bill required by this section does
not excuse failure or delay to pay any taxes shown on such bill
or, except as provided in division (A)(B)(1) of section 5715.39 of the
Revised Code, avoid any penalty, interest, or charge for such
delay.
Sec. 323.152. In addition to the reduction in taxes
required
under section 319.302 of the Revised Code, taxes shall
be reduced
as provided in divisions (A) and
(B) of this section.
(A)(1) Division (A) of this
section applies to any of the
following:
(a) A person who is permanently and totally disabled;
(b) A person who is sixty-five years of age or older;
(c) A person who is the surviving spouse of a deceased
person who was permanently and totally disabled or sixty-five
years of age or older and who applied and qualified for a
reduction in taxes under this division in the year of death,
provided the
surviving spouse is at least fifty-nine but not
sixty-five or more years of
age on the date the deceased spouse
dies.
(2) Real property taxes on a homestead owned and occupied,
or a
homestead in a housing cooperative occupied, by a
person to
whom division (A) of this section
applies shall be reduced for
each year for which the owner obtains a certificate of reduction
from the county auditor under section 323.154 of the Revised
Code
or for which the occupant obtains a certificate of reduction in
accordance with
section 323.159 of the Revised Code. The
reduction
shall equal the amount obtained by
multiplying the tax
rate for the tax year for which the
certificate is issued by the
reduction in taxable value shown in
the following schedule:
|
|
Reduce Taxable Value |
Total Income |
|
by the Lesser of: |
$11,900 or less |
|
$5,000 or seventy-five per cent |
More than $11,900 but not more than $17,500 |
|
$3,000 or sixty per cent |
More than $17,500 but not more than $23,000 |
|
$1,000 or twenty-five per cent |
More than $23,000 |
|
-0- |
(3) Each calendar year, the tax
commissioner shall adjust
the foregoing schedule
by completing the
following
calculations
in September of each year:
(a) Determine the percentage increase in the gross
domestic
product deflator determined by the bureau of economic
analysis of
the United
States department of commerce
from the first day of
January of
the preceding calendar year to the last day of
December of the
preceding calendar
year;
(b) Multiply that percentage increase by each of
the total
income amounts, and by each dollar amount by which taxable value
is
reduced, for the current tax year;
(c) Add the resulting product to each of the total
income
amounts, and to each of the dollar amounts by which taxable value
is
reduced, for the current tax year;
(d) Round the resulting sum to the nearest
multiple of one
hundred dollars.
The commissioner shall certify the amounts resulting from
the
adjustment to each county auditor not later than the first
day of
December each year. The
certified amounts apply to the following
tax year. The
commissioner shall not make the adjustment in any
calendar year
in which the amounts resulting from the adjustment
would be less
than the total income amounts, or less than the
dollar amounts by which
taxable value is reduced, for the current
tax year.
(B) Real property taxes on any homestead, and manufactured
home
taxes on any manufactured or mobile home on which a
manufactured home tax is
assessed pursuant to division (D)(2) of
section 4503.06 of the
Revised Code, shall be reduced for each
year for
which the owner obtains a certificate of
reduction from
the county auditor under section 323.154 of the
Revised Code. The
amount of the reduction shall equal one-fourth
of the amount by
which the taxes charged and payable on the
homestead or the
manufactured or mobile home are reduced for such year
under
section 319.302 of the
Revised Code two and one-half per cent of the amount of taxes to be levied against the homestead or manufactured or mobile home after the reductions required under sections 319.301 and 319.302 of the Revised Code, but the reduction shall apply only to the amount of taxes to be levied on the first one million dollars of the homestead's or home's true value.
(C) The reductions granted by this section do not apply to
special assessments or respread of assessments levied against the
homestead, and if there is a transfer of ownership subsequent to
the filing of an application for a reduction in taxes, such
reductions are not forfeited for such year by virtue of such
transfer.
(D) The reductions in taxable value referred to in this
section
shall be applied solely as a factor for the purpose of
computing
the reduction of taxes under this section and shall not
affect
the total value of property in any subdivision or taxing
district
as listed and assessed for taxation on the tax lists and
duplicates, or any direct or indirect limitations on indebtedness
of a subdivision or taxing district. If after application of
sections 5705.31 and 5705.32 of the Revised Code, including the
allocation of all levies within the ten-mill limitation to debt
charges to the extent therein provided, there would be
insufficient funds for payment of debt charges not provided for
by
levies in excess of the ten-mill limitation, the reduction of
taxes provided for in sections 323.151 to 323.159 of
the Revised
Code shall be proportionately adjusted to the extent necessary
to
provide such funds from levies within the ten-mill limitation.
(E) No reduction shall be made on the taxes due on the
homestead of any person convicted of violating division (C) or
(D)
of section 323.153 of the Revised Code for a period of three
years
following the conviction.
Sec. 329.03. (A) As used in this section:
(1) "Applicant" or "recipient" means an applicant for or
participant in
the Ohio works first program established under
Chapter 5107. of the
Revised Code or an applicant for or recipient of disability financial assistance
under Chapter 5115. of the Revised Code.
(2) "Voluntary direct deposit" means a system established
pursuant to this section under which cash assistance payments to
recipients who agree to direct deposit are made by direct deposit
by electronic transfer to an account in a financial institution
designated under this section.
(3) "Mandatory direct deposit" means a system established
pursuant to this section under which cash assistance payments to all
participants in
the Ohio works first program or recipients of
disability financial assistance, other
than those exempt under division (E) of this section, are made by
direct deposit by electronic transfer to an account in a
financial institution designated under this section.
(B) A board of county commissioners may by adoption of a
resolution require the county department of job and family
services to
establish a direct deposit system for distributing cash assistance
payments under Ohio works first,
disability financial assistance, or both, unless the director of job and
family services has
provided
for those payments to be made by electronic benefit transfer pursuant to
section 5101.33 of the Revised Code.
Voluntary or mandatory direct deposit may be applied to either of
the programs. The
resolution shall specify for each program for which direct
deposit is to be established whether direct deposit is voluntary
or mandatory. The board may require the department to change or
terminate direct deposit by adopting a resolution to change or
terminate it. Within ninety days after adopting a resolution
under this division, the board shall certify one copy of the
resolution to the director of job and family
services and one copy
to the office of budget and management. The
director of
job and family services may adopt rules governing
establishment of direct
deposit by county departments of job and family services.
The county department of job and family services shall
determine
what type of account will be used for direct deposit and
negotiate with financial institutions to determine the charges,
if any, to be imposed by a financial institution for establishing
and maintaining such accounts. Under voluntary direct deposit,
the county department of job and family services may pay
all charges
imposed by a financial institution for establishing and
maintaining an account in which direct deposits are made for a
recipient. Under mandatory direct deposit, the county department
of job and family services shall pay all charges imposed
by a financial
institution for establishing and maintaining such an account. No
financial institution shall impose any charge for such an account
that the institution does not impose on its other customers for
the same type of account. Direct deposit does not affect the
exemption of Ohio works first and
disability financial assistance from attachment, garnishment, or other like
process afforded by sections 5107.75 and 5115.07 5115.06 of
the Revised Code.
(C) The county department of job and family services
shall, within
sixty days after a resolution requiring the establishment of
direct deposit is adopted, establish procedures governing direct
deposit.
Within one hundred eighty days after the resolution is
adopted, the county department shall:
(1) Inform each applicant or recipient of the procedures
governing direct deposit, including in the case of voluntary
direct deposit those that prescribe the conditions under which a
recipient may change from one method of payment to another;
(2) Obtain from each applicant or recipient an
authorization form to designate a financial
institution
equipped for and authorized by law to accept direct deposits by
electronic transfer and the account into which the applicant or
recipient wishes the
payments to be made, or in the case of voluntary direct deposit
states the applicant's or recipient's election to receive such
payments in the form of a
paper warrant.
The department may require a recipient to complete a new
authorization form whenever the department considers it
necessary.
A recipient's designation of a financial institution and
account shall remain in effect until withdrawn in writing or
dishonored by the financial institution, except that no change
may be made in the authorization form until the next eligibility
redetermination of the recipient unless the department feels that
good grounds exist for an earlier change.
(D) An applicant or recipient without an account who
either agrees or is required to receive payments by direct
deposit shall have ten days after receiving the authorization
form to designate an account suitable for direct deposit. If
within the required time the applicant or recipient does not make
the designation or
requests that the department make the designation, the
department
shall designate a financial institution and help the recipient to
open an account.
(E) At the time of giving an applicant or recipient the
authorization form, the
county department of job and family services of a county
with mandatory
direct deposit shall inform each applicant or recipient of the
basis for exemption and the right to request exemption from
direct deposit.
Under mandatory direct deposit, an applicant or recipient
who wishes to receive payments in the form of a paper warrant
shall record on the authorization form a request for exemption
under this division and the basis for the exemption.
The department shall exempt from mandatory direct deposit
any recipient who requests exemption and is any of the following:
(3) Likely, in the judgment of the department, to be
caused personal hardship by direct deposit.
A recipient granted an exemption under this division shall
receive payments for which the recipient is eligible in the form of
paper warrants.
(F) The county department of job and family services
shall bear the
full cost of the amount of any replacement warrant issued to a
recipient for whom an authorization form as provided in this
section has not been obtained within one hundred eighty days
after the later of the date the board of county commissioners
adopts a resolution requiring payments of financial assistance by
direct deposit to accounts of recipients of
Ohio works first or
disability financial assistance or the date the recipient made application
for assistance, and shall not be reimbursed by the state for any
part of the cost. Thereafter, the county department of job
and family
services shall continue to bear the full cost of each replacement
warrant issued until the board of county commissioners requires
the county department of job and family services to obtain
from each such
recipient the authorization forms as provided in this section.
Sec. 329.04. (A) The county department of job and family
services shall
have, exercise, and perform the following powers
and duties:
(1) Perform any duties assigned by
the state department of
job and family services
regarding the provision of public family
services, including the provision of the following services
to
prevent or reduce economic or
personal dependency and to
strengthen family life:
(a) Services authorized by
a Title IV-A
program, as
defined in section 5101.80 of the Revised Code;
(b) Social services authorized by Title XX of the
"Social
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child
support
enforcement agency, services authorized by Title IV-D of
the "Social
Security
Act" and provided for by
Chapter 3125. of
the Revised Code. The county
department
may perform the services
itself or contract with other
government entities, and, pursuant
to division
(C) of section 2301.35 and section 2301.42 of the
Revised Code, private
entities, to perform the Title IV-D
services.
(2) Administer disability financial assistance under Chapter 5115. of
the
Revised Code, as required by the state department of job and
family services under section 5115.03 of the Revised Code;
(3) Administer disability medical assistance, as required by the state department of job and family services under section 5115.13 of the Revised Code;
(3)(4) Administer burials insofar as the administration of
burials was,
prior to September 12, 1947, imposed upon the board
of county commissioners
and if otherwise required by state law;
(4)(5) Cooperate with state and federal authorities in any
matter
relating to family services and to act as the agent of
such
authorities;
(5)(6) Submit an annual account of its
work and expenses to the
board of county commissioners and to the
state department of job
and family services at the
close of each fiscal year;
(6)(7) Exercise any powers and duties
relating to family
services duties or workforce development
activities imposed upon the
county department of job and
family
services by law, by resolution
of the board of county commissioners, or by
order of the governor,
when authorized by law, to meet
emergencies during war or peace;
(7)(8) Determine the eligibility for medical assistance of
recipients of aid under Title XVI of the "Social Security Act";
(8)(9) If assigned by the state director of job and
family
services under section 5101.515
of the Revised Code,
determine
applicants' eligibility for health assistance under the
children's
health insurance program part II;
(9)(10) Enter into a plan of cooperation with the board of
county
commissioners under section 307.983, consult with
the board
in the development of the transportation work plan developed under
section 307.985, establish with the board procedures
under section
307.986 for
providing services to children whose families relocate
frequently, and comply
with the
contracts the board enters into
under sections 307.981 and 307.982 of the
Revised Code that affect
the county department;
(10)(11) For the purpose of complying with a partnership fiscal
agreement the board
of county commissioners enters into under
section 307.98 of the Revised Code, exercise the
powers and
perform the duties the partnership fiscal agreement assigns to the county
department;
(11)(12) If the county department is designated as the workforce
development
agency, provide the workforce development activities
specified in the contract
required by section 330.05 of the
Revised Code.
(B) The powers and duties of a county department of job and
family services are, and
shall be exercised and performed, under
the control and direction of the board
of county commissioners.
The board may assign to the county department any
power or duty of
the board regarding family services duties
and workforce development
activities. If the new power or duty
necessitates the state
department of job and family
services changing its federal cost
allocation plan, the county department may not implement the power
or duty
unless the United States department of health and human
services approves the
changes.
Sec. 329.05. The county department of job and family
services may
administer or assist in administering any state or
local
family services
activity duty in addition
to those mentioned in
section 329.04 of
the Revised Code, supported wholly or in part by
public funds
from any source provided by agreement between the
board of county
commissioners and the officer, department, board,
or agency in
which the administration of such activity is vested.
Such
officer, department, board, or agency may enter into such
agreement and confer upon the county department of job and
family
services, to the extent and in particulars specified in the
agreement, the performance of any duties and the exercise of any
powers imposed upon or vested in such officer, board, department,
or agency, with respect to the administration of such activity.
Such agreement shall be in the form of a resolution of the board
of county commissioners, accepted in writing by the other party
to
the agreement, and filed in the office of the county auditor,
and
when so filed, shall have the effect of transferring the
exercise
of the powers and duties to which the agreement relates
and shall
exempt the other party from all further responsibility
for the
exercise of the powers and duties so transferred, during
the life
of the agreement.
Such agreement shall be coordinated and not conflict with a
partnership fiscal agreement entered into under section 307.98, a
contract
entered into under section 307.981 or 307.982, a plan of
cooperation
entered
into under section 307.983, a regional plan of
cooperation entered into
under section 307.984, a transportation
work plan
developed under
section 307.985, or procedures for
providing services
to children whose
families relocate frequently
established under section
307.986 of the Revised
Code. It may be
revoked at the option of either
party, by a resolution or order of
the revoking party filed in
the office of the auditor. Such
revocation shall become
effective at the end of the fiscal year
occurring at least six
months following the filing of the
resolution or order. In the
absence of such an express revocation
so filed, the agreement
shall continue indefinitely.
This section does not permit a county department of job and
family
services to manage or control hospitals, humane societies,
detention
facilities,
jails or
probation departments of courts,
or veterans service commissions.
Sec. 329.051. The county department of job and family
services
shall make voter registration applications as prescribed by the secretary
of state under section 3503.10 of the Revised Code available to persons who
are applying for, receiving assistance from, or
participating in any of the following:
(A) The disability financial
assistance program established under Chapter 5115. of the Revised Code;
(B) The disability medical assistance program established under Chapter 5115. of the Revised Code;
(C) The medical assistance program established under
Chapter 5111. of the Revised Code;
(C)(D) The Ohio works first program established under Chapter 5107.
of the Revised Code;
(D)(E) The prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code.
Sec. 329.06. (A) Except as provided in division
(C) of this section and section 6301.08 of the Revised Code, the board
of county
commissioners shall
establish a county family services planning committee.
The board shall appoint a member to represent the county
department of job and family services; an employee in the
classified civil service of
the county department of job and family services, if there
are any such employees; and
a member to represent the public. The board shall appoint other
individuals to the committee in such a manner that the
committee's membership is broadly representative of the groups
of individuals and the public and private entities that have an
interest in the family services provided in the county.
The board shall make
appointments in a manner that reflects the ethnic and racial composition of
the county. The following groups and entities may be represented on the
committee:
(1) Consumers of family services;
(2) The public children services agency;
(3) The child support enforcement agency;
(4) The county family and children first council;
(5) Public and private colleges and universities;
(6) Public entities that provide family services,
including boards of health, boards of education, the county
board of mental retardation and developmental disabilities, and
the board of alcohol, drug addiction, and mental health services
that serves the county;
(7) Private nonprofit and for-profit entities that
provide family services in the county or that advocate
for
consumers of family services in the county, including
entities that provide
services to or advocate for victims of domestic violence;
(9) Any other group or entity that has an interest in the
family services provided in the county, including groups
or
entities that represent any of the county's business, urban, and
rural sectors.
(B) The county family
services planning committee shall do all of the
following:
(1) Serve as an advisory body to the board of county
commissioners with regard to the family services provided
in the
county, including assistance under
Chapters 5107. and 5108. of the
Revised
Code, publicly funded child
day-care under Chapter 5104. of
the Revised
Code, and social services
provided under section 5101.46 of the
Revised
Code;
(2) At least once a year, review and analyze the county department
of job and family services' implementation of the programs
established under
Chapters 5107. and 5108. of the Revised Code. In
its
review, the committee shall use information available to it to examine
all of the following:
(a) Return of assistance groups to participation in
either program after ceasing to participate;
(b) Teen pregnancy rates among the programs' participants;
(c) The other types of assistance the programs' participants
receive, including medical assistance under Chapter 5111. of the
Revised Code, publicly funded
child day-care under Chapter 5104. of the Revised
Code, food stamp
benefits under section 5101.54 of the Revised Code, and
energy
assistance under Chapter 5117. of the Revised
Code;
(d) Other issues the committee considers appropriate.
The committee shall make recommendations to the board of county
commissioners and county department of job and family
services regarding the
committee's findings.
(3) Provide comments and recommendations to the board
prior to the board's entering into or substantially amending a partnership
agreement
with
the director of job and family services under section
307.98 of the
Revised Code;
(4) Conduct public hearings
on proposed county profiles for the provision of social services
under section 5101.46 of the
Revised
Code;
(5)(4) At the request of the board, make recommendations and
provide assistance regarding the family services provided
in the
county;
(6)(5) At any other time the committee considers
appropriate, consult with the board and make recommendations
regarding the family services provided in the county.
The
committee's recommendations may address the following:
(a) Implementation and administration
of family service programs;
(b) Use of federal, state, and local
funds available for family service programs;
(c) Establishment of goals to be
achieved by family service programs;
(d) Evaluation of the outcomes of
family service programs;
(e) Any other matter the board
considers relevant to the provision of family services.
(C) If there is a
committee in existence in a county on October 1, 1997,
that the board of
county commissioners determines is
capable of fulfilling the responsibilities of a county
family
services planning committee, the board may designate the
committee as the county's family services planning
committee and
the committee shall serve in that capacity.
Sec. 340.03. (A) Subject to rules issued by the director
of
mental health after consultation with relevant constituencies
as
required by division (A)(11) of section 5119.06 of the Revised
Code, with regard to mental health services, the board of
alcohol,
drug addiction, and mental health services shall:
(1) Serve as the community mental health planning agency
for
the county or counties under its jurisdiction, and in so
doing it
shall:
(a) Evaluate the need for
facilities and community mental
health
services;
(b)
In cooperation with other local and regional
planning
and funding bodies and with relevant ethnic
organizations,
assess
the community mental health needs, set
priorities, and
develop
plans for the operation of
facilities and
community
mental health
services;
(c) In accordance with guidelines issued by the director
of
mental health after consultation with board representatives,
develop and submit to the department of mental health, no later
than six months prior to the conclusion of the fiscal year in
which the board's current plan is scheduled to expire, a
community
mental health plan listing community mental health
needs,
including the needs of all residents of the district now
residing
in state mental institutions and severely mentally
disabled
adults, children, and adolescents; all children
subject to a
determination made pursuant to section 121.38 of the Revised
Code;
and all
the facilities and community mental health
services that
are or will be
in operation
or provided
during
the
period for
which the plan will be in operation in the
service
district to
meet such needs.
The plan shall include, but not be limited to, a statement
of
which of the services listed in section 340.09 of the Revised
Code
the board intends to provide or purchase, an explanation of
how
the board intends to make any payments that it may be
required to
pay under section 5119.62 of the Revised Code, a
statement of the
inpatient and community-based services the board
proposes that the
department operate, an assessment of the number
and types of
residential facilities needed, and such other
information as the
department requests, and a budget for moneys
the board expects to
receive. The board shall also submit an
allocation request for
state and federal funds. Within sixty
days after the department's
determination that the plan and
allocation request are complete,
the department shall approve or
disapprove the plan and request,
in whole or in part, according
to the criteria developed pursuant
to section 5119.61 of the
Revised Code. The department's
statement of approval or
disapproval shall specify the inpatient
and the community-based
services that the department will operate
for the board.
Eligibility for financial support shall be
contingent upon an
approved plan or relevant part of a plan.
If the director disapproves all or part of any plan, the
director shall inform the board of the reasons for the disapproval
and of
the criteria that must be met before the plan may be
approved.
The director shall provide the board an opportunity to
present
its case on behalf of the plan. The director shall give
the
board a reasonable time in which to meet the criteria, and
shall
offer the board technical assistance to help it meet the
criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
If a board determines that it is necessary to amend a plan
or
an allocation request that has been approved under division
(A)(1)(c) of this section, the board shall submit a proposed
amendment to the director. The director may approve or
disapprove
all or part of the amendment. If the director does
not approve
all or part of the amendment within thirty days after
it is
submitted, the amendment or part of it shall be considered
to have
been approved. The director shall inform the board of the
reasons
for
disapproval of all or part of an amendment and of the criteria
that
must be met before the
amendment may be approved. The
director shall provide the board
an opportunity to present its
case on behalf of the amendment. The director
shall give the
board a reasonable time in which to
meet the criteria, and shall
offer the board technical assistance
to help it meet the criteria.
The board shall implement the plan approved by the
department.
(d) Receive, compile, and transmit to the department of
mental health applications for state reimbursement;
(e) Promote, arrange, and implement working agreements
with
social agencies, both public and private, and with judicial
agencies.
(2) Investigate, or request another agency to investigate,
any complaint alleging abuse or neglect of any person receiving
services from a community mental health agency as defined in
section 5122.01 of the Revised Code, or from a residential
facility licensed under section 5119.22 of the Revised Code. If
the investigation substantiates the charge of abuse or neglect,
the board shall take whatever action it determines is necessary
to
correct the situation, including notification of the
appropriate
authorities. Upon request, the board shall provide
information
about such investigations to the department.
(3)
For the purpose of section 5119.611 of the
Revised Code,
cooperate with the director of mental health in
visiting and
evaluating whether the services of a community mental
health
agency satisfy the certification standards
established by
rules
adopted under that section;
(4) In accordance with criteria established under division
(G) of section 5119.61 of the Revised Code, review and evaluate
the quality, effectiveness, and
efficiency of services provided
through its
community mental
health
plan
and submit its findings
and recommendations to the department of
mental health;
(5) In accordance with section 5119.22 of the Revised
Code,
review applications for residential facility licenses and
recommend to the department of mental health approval or
disapproval of applications;
(6) Audit, in accordance with rules adopted by the auditor
of state pursuant to section 117.20 of the Revised Code, at least
annually all programs and services provided under contract with
the board. In so doing, the board may contract for or employ the
services of private auditors. A copy of the fiscal audit report
shall be provided to the director of mental health, the auditor
of
state, and the county auditor of each county in the board's
district.
(7) Recruit and promote local financial support for
mental
health programs from private and public sources;
(8)(a)
Enter
into contracts with public and private
facilities for the operation of facility services included in the
board's community mental health plan and enter into contracts with
public and private
community
mental health
agencies for the
provision of
community mental
health services
listed in section
340.09 of the
Revised Code and included in the
board's community
mental health
plan.
Contracts with community
mental health
agencies are subject to section 5119.611 of the
Revised Code.
Section 307.86 of the Revised Code does not apply
to
contracts
entered into under this division. In contracting
with
a
community mental health agency, a board
shall
consider the cost
effectiveness of services provided by that
agency and the quality
and continuity of care, and may review cost
elements, including
salary costs, of the services to be provided.
A utilization
review
process shall be established as part of the
contract for
services
entered into between a board and a
community mental health
agency. The board may establish
this process in a way
that is
most effective and efficient
in meeting local needs. In the case
of a
contract with a
community mental health facility described, as defined in
division
(B) of
section 5111.022 of the Revised Code, to provide
services
established by listed in
division (A)(B) of that section, the contract
shall
provide for the
facility to be paid in accordance with the
contract entered into between the
departments of
job and
family
services and mental health under division (E) of
that
section 5111.91 of the Revised Code and
any rules adopted under division (A) of section
5119.61 of the
Revised Code.
If either the board or a
facility or community mental health
agency
with
which
the board contracts
under division (A)(8)(a)
of this
section proposes not to renew the contract or proposes
substantial
changes in contract terms, the other party shall be
given written
notice at least one hundred twenty days before the
expiration date
of the contract. During the first sixty days of
this one hundred
twenty-day period, both parties shall attempt to
resolve any
dispute through good faith collaboration and
negotiation in order
to continue to provide services to persons
in
need. If the
dispute has not been resolved sixty days before
the
expiration
date of the contract, either party may notify the
department of
mental health of the unresolved dispute. The
director may require
both parties to submit the dispute to a
third
party with the cost
to be shared by the board and the
facility or
community
mental
health
agency. The third party shall issue to
the board,
the
facility or agency,
and the department
recommendations on how the
dispute
may be
resolved twenty days
prior to the expiration date
of the
contract, unless both parties
agree to a time extension.
The
director shall adopt rules
establishing the procedures of this
dispute resolution process.
(b) With the prior approval of the director of mental
health, a board may operate a
facility or provide a community
mental health service as follows, if there
is no other qualified
private or
public
facility or community
mental health agency that
is
immediately available and willing to
operate such
a facility or
provide the service:
(i) In an emergency situation, any board may operate a
facility or provide a community
mental health service in order to
provide
essential services for the duration
of the emergency;
(ii) In a service district with a population of at least
one
hundred thousand but less than five hundred thousand, a board
may
operate a
facility or provide a community mental health service
for no
longer than one year;
(iii) In a service district with a population of less than
one hundred thousand, a board may operate a
facility or provide a
community mental
health
service for no
longer than one year,
except
that such a board may operate a
facility or provide a
community mental health
service for more than one year with the
prior approval of the
director and the prior approval of the board
of county
commissioners, or of a majority of the boards of county
commissioners if the district is a joint-county district.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(ii) or (iii) of this section
unless the
director
determines that
it is not feasible to have the
department
operate the
facility or provide the service.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(iii) of this section unless
the director
determines
that the
board will
provide greater
administrative
efficiency and
more or better
services than would
be available if
the board
contracted with a
private or public
facility or
community mental
health
agency.
The director shall not give a board approval to operate
a
facility previously
operated
by
a
person or other government
entity
unless the board has
established to the director's
satisfaction
that the
person or other government entity cannot
effectively
operate the
facility or
that
the
person or other
government entity has requested
the board to take over operation
of the
facility.
The director shall not give a board approval to
provide
a community mental health service previously provided by a
community mental health agency unless the board has established to
the director's satisfaction that the agency cannot effectively
provide the service or that the agency has requested the board
take over providing the service.
The director shall review and evaluate
a board's
operation
of
a facility and provision of community mental
health service
under
division (A)(8)(b) of this section.
Nothing in division (A)(8)(b) of this section authorizes a
board to administer or direct the daily operation of any
facility
or community
mental health agency, but
a facility or agency may
contract with a
board to
receive administrative services or staff
direction from
the board
under the direction of the governing body
of the
facility or agency.
(9) Approve fee schedules and related charges or adopt a
unit cost schedule or other methods of payment for contract
services provided by community mental health agencies in
accordance with guidelines issued by the department as necessary
to comply with state and federal laws pertaining to financial
assistance;
(10) Submit to the director and the county commissioners
of
the county or counties served by the board, and make available
to
the public, an annual report of the programs under the
jurisdiction of the board, including a fiscal accounting;
(11) Establish, to the extent resources are available, a
community support system, which provides for treatment, support,
and rehabilitation services and opportunities. The essential
elements of the system include, but are not limited to, the
following components in accordance with section 5119.06 of the
Revised Code:
(a) To locate persons in need of mental health services to
inform them of available services and benefits mechanisms;
(b) Assistance for clients to obtain services necessary to
meet basic human needs for food, clothing, shelter, medical care,
personal safety, and income;
(c) Mental health care, including, but not limited to,
outpatient, partial hospitalization, and, where
appropriate,
inpatient care;
(d) Emergency services and crisis intervention;
(e) Assistance for clients to obtain vocational services
and
opportunities for jobs;
(f) The provision of services designed to develop social,
community, and personal living skills;
(g) Access to a wide range of housing and the provision of
residential treatment and support;
(h) Support, assistance, consultation, and education for
families, friends, consumers of mental health services, and
others;
(i) Recognition and encouragement of families, friends,
neighborhood networks, especially networks that include racial
and
ethnic minorities, churches, community organizations, and
meaningful employment as natural supports for consumers of mental
health services;
(j) Grievance procedures and protection of the rights of
consumers of mental health services;
(k) Case management, which includes continual
individualized
assistance and advocacy to ensure that needed
services are offered
and procured.
(12) Designate the treatment program, agency,
or
facility
for each person involuntarily committed to the board
pursuant to
Chapter 5122. of the Revised Code and authorize
payment for such
treatment. The board shall provide the least
restrictive and most
appropriate alternative that is available
for
any person
involuntarily committed to it and shall assure
that the
services
listed in section 340.09 of the Revised Code
are
available to
severely mentally disabled persons residing
within
its service
district. The board shall establish the
procedure for
authorizing
payment for services, which may include
prior
authorization in
appropriate circumstances. The board may
provide
for services
directly to a severely mentally disabled
person when
life or
safety is endangered and when no community
mental health
agency is
available to provide the service.
(13) Establish a method for evaluating
referrals for
involuntary commitment and affidavits filed pursuant
to section
5122.11 of the Revised Code in order to assist the
probate
division of the court of common pleas in determining
whether there
is probable cause that a respondent is subject to
involuntary
hospitalization and what alternative treatment is
available and
appropriate, if any;
(14) Ensure that apartments or rooms built,
subsidized,
renovated, rented, owned, or leased by the board or a
community
mental health agency have been approved as meeting
minimum fire
safety standards and that persons residing in the
rooms or
apartments are receiving appropriate and necessary
services,
including culturally relevant services, from a
community mental
health agency. This division does not apply to
residential
facilities licensed pursuant to section 5119.22 of
the Revised
Code.
(15) Establish a mechanism for involvement
of consumer
recommendation and advice on matters pertaining
to mental health
services in the alcohol, drug addiction, and
mental health service
district;
(16) Perform the duties under section 3722.18 of the
Revised
Code required by rules
adopted under section 5119.61 of
the
Revised Code
regarding referrals by the board or mental health
agencies under contract
with the board of individuals with mental
illness
or severe mental disability to adult care facilities and
effective
arrangements for ongoing mental health services for the
individuals. The
board is accountable in the manner specified in
the rules for ensuring that
the ongoing mental health services are
effectively arranged for the
individuals.
(B) The board shall establish such rules, operating
procedures, standards, and bylaws, and perform such other duties
as may be necessary or proper to carry out the purposes of this
chapter.
(C) A board of alcohol, drug addiction, and
mental health
services may receive by gift, grant, devise, or
bequest any
moneys, lands, or property for the benefit of the
purposes for
which the board is established, and may hold and
apply it
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant,
or bequest
shall be deposited in the treasury of the county, the
treasurer of
which is custodian of the alcohol, drug addiction,
and mental
health services funds to the credit of the board and
shall be
available for use by the board for purposes stated by
the donor or
grantor.
(D) No board member or employee of a board of alcohol,
drug
addiction, and mental health services shall be liable for
injury
or damages caused by any action or inaction taken within
the scope
of the board member's official duties or the
employee's
employment, whether or not such action or inaction is expressly
authorized by this section, section 340.033, or any other section
of the
Revised Code, unless such action or inaction constitutes
willful or wanton
misconduct. Chapter 2744. of the Revised Code
applies to any action or
inaction by a board member or employee of
a board taken within the scope of
the board member's official
duties or employee's employment. For the purposes
of this
division, the conduct of a board member or employee shall
not be
considered willful or wanton misconduct if the board
member or
employee acted in good faith and in a manner that the
board member
or employee
reasonably believed was in or was not opposed to the
best
interests of the board and, with respect to any criminal
action
or proceeding, had no reasonable cause to believe the
conduct was unlawful.
(E) The meetings held by any committee established by a
board of alcohol, drug addiction, and mental health services
shall
be considered to be meetings of a public body subject to
section
121.22 of the Revised Code.
Sec. 505.69. As used in this section, "rail property" and "rail service" have
the same meanings as in section 4981.01 5507.01 of the Revised Code.
The board of township trustees may acquire, rehabilitate, and develop rail
property and rail service, and may enter into agreements with the Ohio rail
development commission, boards of county commissioners, legislative
authorities of municipal corporations, other boards of township trustees, with
other governmental agencies or organizations, and with private agencies or
organizations in order to achieve those purposes.
Sec. 715.013. (A) Except as otherwise expressly authorized by the
Revised Code, no municipal corporation shall levy a tax that
is the same as or similar to a tax levied under Chapter 322., 3734.,
3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 5725., 5727.,
5728., 5729., 5731., 5735., 5737., 5739., 5741., 5743., or 5749. of the
Revised Code.
(B) This section does not prohibit a municipal corporation from levying a tax
on amounts any of the following:
(1) Amounts received for admission to any place or, on and after
January 1, 2002, on the;
(2) The income of an electric company or combined
company, as defined in
section 5727.01 of the Revised Code;
(3) On and after January 1, 2004, the income of a telephone company, as defined in section 5727.01 of the Revised Code.
Sec. 717.01. Each municipal corporation may do any of the
following:
(A) Acquire by purchase or condemnation real estate with
or without buildings on it, and easements or interests in real
estate;
(B) Extend, enlarge, reconstruct, repair, equip, furnish,
or improve a building or improvement that it is authorized to
acquire or construct;
(C) Erect a crematory or provide other means for disposing
of garbage or refuse, and erect public comfort stations;
(D) Purchase turnpike roads and make them free;
(E) Construct wharves and landings on navigable waters;
(F) Construct infirmaries, workhouses, prisons, police
stations, houses of refuge and correction, market houses, public
halls, public offices, municipal garages, repair shops, storage
houses, and warehouses;
(G) Construct or acquire waterworks for supplying water to
the municipal corporation and its inhabitants and extend the
waterworks system outside of the municipal corporation limits;
(H) Construct or purchase gas works or works for the
generation and transmission of electricity, for the supplying of
gas or electricity to the municipal corporation and its
inhabitants;
(I) Provide grounds for cemeteries or crematories, enclose
and embellish them, and construct vaults or crematories;
(J) Construct sewers, sewage disposal works, flushing
tunnels, drains, and ditches;
(K) Construct free public libraries and reading rooms, and
free recreation centers;
(L) Establish free public baths and municipal lodging
houses;
(M) Construct monuments or memorial buildings to
commemorate the services of soldiers, sailors, and marines of the
state and nation;
(N) Provide land for and improve parks, boulevards, and
public playgrounds;
(O) Construct hospitals and pesthouses;
(P) Open, construct, widen, extend, improve, resurface, or
change the line of any street or public highway;
(Q) Construct and improve levees, dams, waterways,
waterfronts, and embankments and improve any watercourse passing
through the municipal corporation;
(R) Construct or improve viaducts, bridges, and culverts;
(S)(1) Construct any building necessary for the police or
fire department;
(2) Purchase fire engines or fire boats;
(3) Construct water towers or fire cisterns;
(4) Place underground the wires or signal apparatus of any
police or fire department.
(T) Construct any municipal ice plant for the purpose of
manufacturing ice for the citizens of a municipal corporation;
(U) Construct subways under any street or boulevard or
elsewhere;
(V) Acquire by purchase, gift, devise, bequest, lease,
condemnation proceedings, or otherwise, real or personal
property, and thereon and thereof to establish, construct,
enlarge, improve, equip, maintain, and operate airports, landing
fields, or other air navigation facilities, either within or
outside the limits of a municipal corporation, and acquire by
purchase, gift, devise, lease, or condemnation proceedings
rights-of-way for connections with highways, waterways, and
electric, steam, and interurban railroads, and improve and equip
such facilities with structures necessary or appropriate for such
purposes. No municipal corporation may take or disturb property
or facilities belonging to any public utility or to a common
carrier engaged in interstate commerce, which property or
facilities are required for the proper and convenient operation
of the utility or carrier, unless provision is made for the
restoration, relocation, or duplication of the property or
facilities elsewhere at the sole cost of the municipal
corporation.
(W) Provide by agreement with any regional airport
authority, created under section 308.03 of the Revised Code, for
the making of necessary surveys, appraisals, and examinations
preliminary to the acquisition or construction of any airport or
airport facility and pay the portion of the expense of the
surveys, appraisals, and examinations as set forth in the
agreement;
(X) Provide by agreement with any regional airport
authority, created under section 308.03 of the Revised Code, for
the acquisition, construction, maintenance, or operation of any
airport or airport facility owned or to be owned and operated by
the regional airport authority or owned or to be owned and
operated by the municipal corporation and pay the portion of the
expense of it as set forth in the agreement;
(Y) Acquire by gift, purchase, lease, or condemnation,
land, forest, and water rights necessary for conservation of
forest reserves, water parks, or reservoirs, either within or
without the limits of the municipal corporation, and improve and
equip the forest and water parks with structures, equipment, and
reforestation necessary or appropriate for any purpose for the
utilization of any of the forest and water benefits that may
properly accrue therefrom to the municipal corporation;
(Z) Acquire real property by purchase, gift, or devise and
construct and maintain on it public swimming pools, either within
or outside the limits of the municipal corporation;
(AA) Construct or rehabilitate, equip, maintain, operate,
and lease facilities for housing of elderly persons and for
persons of low and moderate income, and appurtenant facilities.
No municipal corporation shall deny housing accommodations to or
withhold housing accommodations from elderly persons or persons
of low and moderate income because of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised
Code, disability as defined in that section,
ancestry, or
national origin. Any elderly person or person of low or moderate
income who is denied housing accommodations or has them withheld
by a municipal corporation because of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised
Code, disability as defined in that section, ancestry,
or national
origin may file a charge with the Ohio civil rights commission as
provided in Chapter 4112. of the Revised Code.
(BB) Acquire, rehabilitate, and develop rail property or
rail service, and enter into agreements with the Ohio
rail development commission, boards of county commissioners, boards of
township trustees, legislative authorities of other municipal
corporations, with other governmental agencies or organizations,
and with private agencies or organizations in order to achieve
those purposes;
(CC) Appropriate and contribute money to a soil and water
conservation district for use under Chapter 1515. of the Revised
Code;
(DD) Authorize the board of county commissioners, pursuant
to a contract authorizing the action, to contract on the
municipal corporation's behalf for the administration and
enforcement within its jurisdiction of the state building code by
another county or another municipal corporation located within or
outside the county. The contract for administration and
enforcement shall provide for obtaining certification pursuant to
division (E) of section 3781.10 of the Revised Code for the
exercise of administration and enforcement authority within the
municipal corporation seeking those services and shall specify
which political subdivision is responsible for securing that
certification.
(EE) Expend money for providing and maintaining services
and facilities for senior citizens.
"Airport," "landing field," and "air navigation facility,"
as defined in section 4561.01 of the Revised Code, apply to
division (V) of this section.
As used in divisions (W) and (X) of this section, "airport"
and "airport facility" have the same meanings as in section
308.01 of the Revised Code.
As used in division (BB) of this section, "rail property"
and "rail service" have the same meanings as in section 4981.01
5507.01 of the Revised Code.
Sec. 718.01. (A) As used in this chapter:
(1) "Adjusted federal taxable income" has the same meaning as in section 5745.01 of the Revised Code.
(2)
"Internal Revenue Code" means the Internal Revenue Code
of
1986, 100
Stat. 2085, 26 U.S.C. 1, as amended.
(2)(3)
"Schedule C" means internal revenue service schedule C
filed by a
taxpayer pursuant to the Internal Revenue Code.
(3)(4)
"Form 2106" means internal revenue service form 2106
filed by a taxpayer
pursuant to the Internal Revenue Code.
(4)(5)
"Intangible income" means income of any of the following
types: income
yield, interest, dividends, or other income arising
from the ownership, sale,
exchange, or other disposition of
intangible property including, but not
limited to, investments,
deposits, money, or credits as those terms are
defined in Chapter
5701. of the Revised Code.
(5)(6) "S corporation" means a corporation that has made an
election under subchapter S of Chapter 1 of Subtitle A of the
Internal Revenue Code for its taxable year.
(7) On and after January 1, 2004, "net profit" means adjusted federal taxable income calculated on the basis of the Internal Revenue Code as it exists on the effective date of this amendment.
(8) "Taxpayer" means a person subject to a tax levied by a municipal corporation on income.
(9) "Taxable year" means a taxpayer's taxable year for federal income tax purposes.
(10) "Tax administrator" means the individual charged with direct responsibility for administration of a tax levied by a municipal corporation on income.
(B) No municipal corporation with respect to that income
that it may tax
shall tax such income at other than a uniform
rate.
(C) No municipal corporation shall levy a tax on income at a
rate in excess
of one per cent without having obtained the
approval of the excess by a
majority of the electors of the
municipality voting on the question at a
general, primary, or
special election. The legislative authority of the
municipal
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the
ordinance
together with a resolution specifying the date the
election is to be held and
directing the board of elections to
conduct the election. The ballot shall be
in the following form:
"Shall the Ordinance providing for a ... per cent levy
on income
for (Brief description of the purpose of the proposed levy) be
passed?
In the event of an affirmative vote, the proceeds of the
levy
may be used only for the specified purpose.
(D)(1) Except as otherwise provided in division (D)(2)
or
(F)(9) of
this section, no No
municipal corporation shall exempt from
a tax on
income, compensation for
personal services of individuals
over
eighteen years of age or the net profit
from a business or
profession.
(2) The legislative authority of a municipal corporation
may, by ordinance or
resolution, exempt from a tax on income any
compensation arising from the
grant, sale, exchange, or other
disposition of a stock option; the exercise of
a stock option; or
the sale, exchange, or other disposition of stock purchased
under
a stock option. On and after January 1, 2004, no municipal corporation shall tax the net profit from a business or profession using any base other than the taxpayer's adjusted federal taxable income. Division (D)(2) of this section does not apply to any taxpayer required to file a return under section 5745.03 of the Revised Code.
(E) Nothing in this section shall prevent Except as provided in division (D)(2) of this section, a municipal
corporation from
permitting may permit lawful deductions as prescribed by
ordinance. If a taxpayer's
taxable income includes income against
which the taxpayer has taken a
deduction for federal income tax
purposes as reportable on the taxpayer's form
2106, and against
which a like deduction has not been allowed by the municipal
corporation, the municipal corporation shall deduct from the
taxpayer's
taxable income an amount equal to the deduction shown
on such form allowable
against such income, to the extent not
otherwise so allowed as a deduction by
the municipal corporation.
In the case of a taxpayer who has a net profit
from a business or
profession that is operated as a sole proprietorship, no
municipal
corporation may tax or use as the base for determining the amount
of
the net profit that shall be considered as having a taxable
situs in the
municipal corporation, a greater amount than the net
profit reported by the
taxpayer on schedule C filed in reference
to the year in question as taxable
income from such sole
proprietorship, except as otherwise specifically
provided by
ordinance or regulation an amount other than the net profit required to be reported by the taxpayer on schedule C as taxable income from such sole proprietorship for the taxable year, but such amount shall be increased in accordance with the principles and concepts described in section 5745.042 of the Revised Code as if the taxpayer were a C corporation.
(F) A municipal corporation shall not tax any of the
following:
(1) The military pay or allowances of members of the armed
forces of the
United States and of members of their reserve
components, including the Ohio
national guard;
(2) The income of religious, fraternal, charitable,
scientific, literary, or
educational institutions to the extent
that such income is derived from
tax-exempt real estate,
tax-exempt tangible or intangible property, or
tax-exempt
activities;
(3) Except as otherwise provided in division (G) of this
section, intangible
income;
(4) Compensation paid under section 3501.28 or 3501.36 of
the Revised Code to
a person serving as a precinct election
official, to the extent that such
compensation does not exceed one
thousand dollars annually. Such compensation
in excess of one
thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer
of such
compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority,
regional transit
authority, or regional transit commission created
under Chapter 306. of the
Revised Code for operating a transit bus
or other motor vehicle for the
authority or commission in or
through the municipal corporation, unless the
bus or vehicle is
operated on a regularly scheduled route, the operator is
subject
to such a tax by reason of residence or domicile in the municipal
corporation, or the headquarters of the authority or commission is
located
within the municipal corporation;
(6) The income of a public utility, when that public utility
is
subject to the tax levied under section 5727.24 or 5727.30 of
the Revised
Code, except starting January 1, 2002, the income of
an
electric company or combined company, as defined in section
5727.01 of the
Revised Code, may
be taxed by a municipal
corporation may tax the following, subject to
Chapter 5745. of the
Revised Code:
(a) Beginning January 1, 2002, the income of an electric
company or combined company;
(b) Beginning January 1, 2004, the income of a telephone
company.
As used in division (F)(6) of this section, "combined company," "electric
company" and "telephone company" have
the same meanings as in section 5727.01 of the Revised Code.
(7) On and after January 1, 2003, items excluded from
federal gross income pursuant to section 107 of the Internal
Revenue Code;
(8) On and after January 1, 2001, compensation paid to a
nonresident
individual to the extent prohibited under
section
718.011 of the Revised Code;
(9) Except as provided in division (H) of this section, an S
corporation
shareholder's distributive share of net
profits of the
S
corporation, other than any part of the
distributive share of
net
profits that represents
wages as defined in section 3121(a) of
the Internal Revenue Code or net earnings from self-employment as
defined in section 1402(a) of the Internal Revenue Code, to the
extent such distributive share would not be allocated or
apportioned to this state under division (B)(1) and (2) of section
5733.05 of the Revised Code if the S corporation were a
corporation subject to the taxes imposed under Chapter 5733. of
the Revised Code.
(10) For taxable years beginning on or after January 1, 2004, with respect to a nonqualified deferred compensation plan or program under section 3121(v)(2)(C) of the Internal Revenue Code:
(a) Any amount that is not included in a person's federal gross income; and
(b) Any amount included in a person's federal gross income to the extent the municipal corporation imposed a tax on the nonqualified deferred compensation at the time the compensation was deferred.
(11) Any amount of compensation included in a person's federal gross income if the amount may not be subjected to taxation by the municipal corporation under 4 U.S.C. 114 because the person is not a resident of the municipal corporation at the time such compensation is distributed.
(G) Any municipal corporation that taxes any type of
intangible income on
March 29, 1988, pursuant to Section 3 of
Amended Substitute Senate Bill No.
238 of the 116th general
assembly, may continue to tax that type of income
after 1988 if a
majority of the electors of the municipal corporation voting
on
the question of whether to permit the taxation of that type of
intangible
income after 1988 vote in favor thereof at an election
held on November 8,
1988.
(H) Any municipal corporation that, on December 6, 2002,
taxes an S corporation shareholder's distributive share of net
profits of the S corporation to any greater extent than that
permitted under division (F)(9) of this section may continue after
2002 to tax such distributive shares to such greater extent only
if a majority of the electors of the municipal corporation voting
on the question of such continuation vote in favor thereof at an
election held on November 4, 2003. If a majority of electors vote
in favor of that question, then, for purposes of section 718.14 of
the Revised Code, "pass-through entity" includes S corporations,
"income from a pass-through entity" includes distributive shares
from an S corporation, and "owner" includes a shareholder of an S
corporation, notwithstanding that section to the contrary.
(I) Nothing in this section or section 718.02 of the Revised
Code
shall authorize the levy of any tax on income that a
municipal
corporation is not
authorized to levy under existing
laws or shall require a municipal
corporation to allow a deduction
from taxable income for losses incurred from
a sole proprietorship
or partnership.
Sec. 718.02. This section does not apply to electric
companies
or combined companies, or to electric light companies
for which an election
made under section 5745.031 taxpayers that are subject to and required to file reports under Chapter 5745. of the Revised
Code is in effect.
(A) In the taxation of income that is
subject to municipal
income taxes, if the books and records of a
taxpayer conducting a
business or profession both within and
without the boundaries of a
municipal corporation disclose
with reasonable accuracy what
portion of its net profit is
attributable to that part of the
business or profession conducted
within the boundaries of the
municipal corporation, then only
such portion shall be considered
as having a taxable situs in
such municipal corporation for
purposes of municipal income
taxation. In the absence of such
records, net Net profit from a
business or profession conducted both
within and without the
boundaries of a municipal corporation shall
be considered as
having a taxable situs in such municipal
corporation for purposes
of municipal income taxation in the same
proportion as the
average ratio of the following:
(1) The average net book value original cost of the real and tangible
personal property owned or used by the taxpayer in the business
or
profession in such municipal corporation during the taxable
period
to the average net book value original cost of all of the real and
tangible
personal property owned or used by the taxpayer in the
business or
profession during the same period, wherever situated.
As used in the preceding paragraph, real property shall
include property rented or leased by the taxpayer and the value
of
such property shall be determined by multiplying the annual
rental
thereon by eight;
(2) Wages, salaries, and other compensation paid during
the
taxable period to persons employed in the business or
profession
for services performed in such municipal corporation
to wages,
salaries, and other compensation paid during the same
period to
persons employed in the business or profession,
wherever their
services are performed, excluding compensation
that is not taxable
by the municipal corporation under section 718.011 of the Revised
Code;
(3) Gross receipts of the business or profession from
sales
made and services performed during the taxable period in
such
municipal corporation to gross receipts of the business or
profession during the same period from sales and services,
wherever made or performed.
If the foregoing allocation apportionment formula does not
produce an
equitable result, another basis may be substituted, under
uniform
regulations, so as to produce an equitable
result. If, for any taxable year, the foregoing apportionment formula produces an amount less than zero, the taxpayer shall not be entitled to a refund with respect to that taxable year of any amounts other than amounts the taxpayer has paid in estimated taxes for the taxable year and any overpayment from a previous taxable year credited towards the taxable year for which the foregoing apportionment formula produces an amount less than zero.
(B) As used in division (A) of this section,
"sales made
in
a municipal corporation" mean:
(1) All sales of tangible personal property
delivered within
such municipal corporation regardless of where
title passes if
shipped or delivered from a stock of goods within
such municipal
corporation;
(2) All sales of tangible personal property
delivered within
such municipal corporation regardless of where
title passes even
though transported from a point outside such
municipal corporation
if the taxpayer is regularly engaged
through its own employees in
the solicitation or promotion of
sales within such municipal
corporation and the sales result from
such solicitation or
promotion;
(3) All sales of tangible personal property
shipped from a
place within such municipal corporation to
purchasers outside such
municipal corporation regardless of where
title passes if the
taxpayer is not, through its own employees,
regularly engaged in
the solicitation or promotion of sales at
the place where delivery
is made.
Sec. 718.021. (A) As used in this section:
(1) "Apportioned net income" means the amount derived from the application of the apportionment formula described in section 718.02 of the Revised Code for taxable years beginning on and after January 1, 1999.
(2) "Loss-generating taxable year" means a taxable year in which the taxpayer has negative apportioned net income.
(3) "Negative apportioned net income" means apportioned net income that is less than zero, except that if, for any taxable year, a taxpayer was not subject to the income tax imposed by a municipal corporation or was exempt from that tax, then the taxpayer's negative apportioned net income with respect to that municipal corporation is zero for that taxable year.
(4) "Positive apportioned net income" means apportioned net income greater than zero.
(B)(1) For taxable years beginning on or after January 1, 2004, if a taxpayer has negative apportioned net income for a taxable year with respect to a municipal income tax, then for each of the next five ensuing taxable years, the taxpayer may reduce any positive apportioned net income with respect to the municipal corporation in which the negative apportioned net income was generated by the lesser of:
(a) The positive apportioned net income for that ensuing taxable year; or
(b) The absolute value of the negative apportioned net income attributable to the loss-generating taxable year reduced by any amount the taxpayer was allowed to deduct under this section in any of the previous taxable years.
(2) If, during a period of five consecutive taxable years, a taxpayer has negative apportioned net income in more than one taxable year, the negative apportioned net income generated in the earliest of those taxable years shall be the first negative apportioned net income deducted under this section.
(C) Nothing in this section shall be construed as allowing any negative apportioned net income for a taxable year to be deducted more than once in any subsequent taxable year.
(D) Nothing in this section shall be construed as allowing any negative apportioned net income for a taxable year to be deducted in any subsequent taxable year beginning more than five years after the beginning of the loss-generating taxable year.
Sec. 718.03. As used in this section, "other payer" means any person, other than an individual's employer or the employer's agent,
that pays an
individual any item
included in the
taxable income of the individual, other than the individual's employer
or that employer's agent.
(A) Beginning January July 1, 2001 2003, a municipal
corporation
shall not require any nonresident employer,
agent of such an employer, or other payer that is not situated in the
municipal corporation to deduct and withhold taxes
from the taxable income of an individual unless and until the total amount
of tax required to be deducted and withheld for the municipal corporation on
account of all of the
employer's
employees or all of the other payer's payees
exceeds one hundred fifty dollars for a the calendar year beginning on or after
that date.
If the total amount of tax required to be deducted and
withheld on account of all of the nonresident employer's employees or all of
the other
payer's payees exceeds one hundred fifty
dollars
for a calendar year beginning on or after January 1, 2001, the
municipal corporation may require
the employer, agent, or other payer to deduct and withhold taxes
in each ensuing year even if the amount required to be deducted
and withheld in each of those ensuing years is one hundred fifty
dollars or less, except as otherwise provided in division (B)
of this section.
(B) If a nonresident employer, agent of such an employer, or
other payer
that is not situated in the municipal corporation is required to deduct
and withhold taxes for an ensuing year under division (A) of
this section, and the total amount of tax required to be deducted and withheld
under that division in each of three
consecutive ensuing years is one hundred fifty dollars or less,
the municipal corporation shall not require the employer, agent,
or other payer to deduct and withhold taxes in any year following
the last of those consecutive years unless the amount required to
be deducted and withheld in any such following year exceeds one
hundred fifty dollars.
Sec. 718.031. (A) As used in this section, "qualifying wages" means wages, as defined in section 3121 of the Internal Revenue Code, adjusted as follows:
(1) Deduct any amount included in wages to the extent the amount constitutes compensation attributable to a nonqualified deferred compensation plan or program described in section 3121(v)(2)(C) of the Internal Revenue Code and is not included in any individual's federal gross income.
(2) Add any amount not included in wages to the extent the amount constitutes compensation attributable to a nonqualified deferred compensation plan or program described in section 3121(v)(2)(C) of the Internal Revenue Code if the amount is included in any individual's federal gross income, but only to the extent the municipal corporation did not impose its tax on the nonqualified deferred compensation at the time the compensation was deferred. Division (A)(2) of this section applies only to the extent that division (F)(11) of section 718.01 of the Revised Code does not prohibit taxation of such amount by the municipal corporation. For purposes of determining the applicability of division (F)(11) of section 718.01 of the Revised Code, any employer or any agent of any employer or any other payer, as defined in section 718.03 of the Revised Code, may rely on an affidavit or other sworn statement, submitted in good faith by an employee or previous employee, setting forth the employee's residency status.
(3) Add any amount not included in wages to the extent the amount has been directly or indirectly paid to or for the benefit of any employee, payee, or former employee and is excluded from the employee's, payee's, or former employee's federal gross income under section 125 of the Internal Revenue Code.
(B) For taxable years beginning after 2003, no municipal corporation shall require any employer or any agent of any employer or any other payer, as defined in section 718.03 of the Revised Code, to withhold tax from any compensation other than qualifying wages directly or indirectly paid to or for the benefit of any employee or payee or former employee. Nothing in this section prohibits an employer from withholding amounts on a basis greater than qualifying wages.
Sec. 718.05. (A) As used in this section:
(1) "Generic form" means an electronic or paper form designed for
reporting estimated municipal income taxes and annual municipal income tax
liability or for filing a refund claim
that is not prescribed by a particular municipal corporation for the
reporting of that municipal corporation's tax on income.
(2) "Return preparer" means any person other than a taxpayer that
is authorized by a taxpayer to complete or file an income
tax return, report, or other document for or on behalf of the
taxpayer.
(B) A municipal corporation shall not require a taxpayer to
file
an annual income tax return or report prior to the filing date for the
corresponding tax reporting period as prescribed for such
a taxpayer under the Internal Revenue Code. For taxable years beginning after 2003, except as otherwise provided in section 718.051 of the Revised Code and division (D) of this section, a municipal corporation shall not require a taxpayer to file an annual income tax return or report on any date other than the filing date for the corresponding tax reporting period as prescribed for such a taxpayer under the Internal Revenue Code.
(C) On and after January 1, 2001, any municipal
corporation that
requires taxpayers to file income tax returns, reports, or other
documents shall accept for filing a generic form of such a return,
report, or document if the generic form, once completed and filed,
contains all of the information required to be submitted with the
municipal corporation's prescribed returns, reports, or documents,
and if the taxpayer or return preparer filing the generic form
otherwise complies with rules or ordinances of the municipal
corporation governing the filing of returns, reports, or
documents.
(D) Beginning Except as otherwise provided in section 718.051 of the Revised Code, beginning January 1, 2001, any taxpayer that has
requested an extension for
filing a federal income tax return may request an extension for
the filing of a municipal income tax return. The taxpayer shall
make the request by filing a copy of the taxpayer's request for a
federal filing extension with the individual or office charged
with the administration of the municipal income tax. The request
for extension shall be filed not later than the last day for
filing the municipal income tax return as prescribed by ordinance
or rule of the municipal corporation. A municipal corporation
shall grant such a request for extension filed before January 1, 2004, for a period not less
than the period of the federal extension request. For taxable years beginning after 2003, the extended due date of the municipal income tax return shall be the last day of the month to which the due date of the federal income tax return has been extended. A municipal
corporation may deny a taxpayer's request for extension only if
the taxpayer fails to timely file the request, fails to file a
copy of the request for the federal extension, owes the
municipal corporation any delinquent income tax or any penalty,
interest, assessment, or other charge for the late payment or
nonpayment of income tax, or has failed to file any required income tax
return, report, or
other related document for a prior tax period. The granting of an extension
for filing
a municipal corporation income tax return does not extend the last
date for paying the tax without penalty unless the municipal
corporation grants an extension of that date.
Sec. 718.051. (A) As used in this section, "Ohio business gateway" means the online computer network system, initially created by the department of administrative services under section 125.30 of the Revised Code, that allows private businesses to electronically file business reply forms with state agencies.
(B) Notwithstanding section 718.05 of the Revised Code, on and after January 1, 2005, any taxpayer that is subject to any municipal corporation's tax on the net profit from a business or profession and has received an extension to file the federal income tax return shall not be required to notify the municipal corporation of the federal extension and shall not be required to file any municipal income tax return until the last day of the month to which the due date for filing the federal return has been extended, provided that, on or before the date for filing the municipal income tax return, the person notifies the tax commissioner of the federal extension through the Ohio business gateway or any successor electronic filing and payment system.
(C) For taxable years beginning on or after January 1, 2005, a taxpayer subject to any municipal corporation's tax on the net profit from a business or profession may file any municipal income tax return or estimated municipal income return, and may make payment of amounts shown to be due on such returns, by using the Ohio business gateway or any successor electronic filing and payment system.
(D)(1) As used in this division, "qualifying wages" has the same meaning as in section 718.031 of the Revised Code.
(2) Any employer may report the amount of municipal income tax withheld from qualifying wages paid on or after January 1, 2007, and may make remittance of such amounts, by using the Ohio business gateway or any successor electronic filing and payment system.
(E) Nothing in this section shall be construed as affecting the due dates for filing income tax returns or employer withholding tax returns or for paying any amounts shown to be due on such returns.
(F) Nothing in this section requires this state to continue to make available the Ohio business gateway or to make available any successor electronic filing and payment system.
Sec. 718.11. (A) If any employer or taxpayer required to file a tax return for a tax subject to this chapter fails to file the return within the time prescribed, files an incorrect return, or fails to remit the full amount of the tax due for the period covered by the return, the tax administrator may make an assessment against the employer or taxpayer for any deficiency for the period for which the return or tax is due, based upon any information in the administrator's possession.
The tax administrator shall not make or issue an assessment against an employer or taxpayer more than three years after the final date the return subject to assessment was required to be filed or the date the return was filed, whichever is later. The time limit may be extended if both the employer or taxpayer and the administrator consent in writing to the extension. An extension shall extend the three-year time limit in section 718.12 of the Revised Code for the same period of time. There is no bar or limit to an assessment against an employer or taxpayer that fails to file a return subject to assessment as required by this chapter, or that files a fraudulent return. The administrator shall give the employer or taxpayer assessed written notice of the assessment by personal service or mail. Notice sent by mail shall be sent to the address shown on the tax return or other documentation unless the employer or taxpayer notifies the administrator of a different address. With the notice, the administrator shall provide instructions on how to petition for reassessment and request a hearing on the petition.
(B) Unless the employer or taxpayer assessed files with the tax administrator within sixty days from the mailing of the assessment a written petition for reassessment signed by the employer or taxpayer or by the authorized agent of the employer or taxpayer assessed having knowledge of the facts, the assessment becomes final, and the amount of the assessment is due and payable from the employer or taxpayer to the treasurer of the municipal corporation. The petition shall indicate the employer's or taxpayer's objections, but additional objections may be raised in writing if received by the administrator prior to the date shown on the final determination. An assessment sent by mail which is returned undeliverable or sent to a location other than that of the employer or taxpayer shall not be considered to be "the mailing of the assessment" until the assessment is actually mailed to the location of the employer or taxpayer.
(C) If the petitioner requests a hearing, the tax administrator shall assign a time and place for the hearing on the petition and shall notify the petitioner of the time and place of the hearing. The administrator may continue the hearing from time to time if necessary.
The tax administrator shall make such corrections to the assessment as the administrator finds proper. The administrator shall serve a copy of the final determination on the petitioner by personal service or by certified mail, and the administrator's determination in the matter shall be final, subject to appeal as provided for in section 5717.011 of the Revised Code. Only objections decided on the merits by the board of tax appeals or a court shall be given collateral estoppel or res judicata effect in considering an application for refund of amounts paid pursuant to the assessment.
(D) After an assessment becomes final, if any portion of the assessment remains unpaid, including accrued interest, a certified copy of the tax administrator's entry making the assessment final may be filed in the office of the clerk of the court of common pleas in the county where the municipal corporation is primarily located.
Immediately upon the filing of the entry, the clerk shall enter a judgment against the employer or taxpayer assessed in the amount shown on the entry. The judgment may be filed by the clerk in a loose-leaf book entitled "special judgments for municipal corporation of income taxes" and shall have the same effect as other judgments. Execution shall issue upon the judgment upon the request of the tax administrator, and all laws applicable to sales on execution shall apply to sales made under the judgment.
The portion of an assessment not paid within sixty days after the day the assessment was issued shall bear additional interest at the rate per annum prescribed by section 5703.47 of the Revised Code from the day the administrator issues the assessment until the assessment is paid. Interest shall be paid in the same manner as the tax and may be collected by issuing an assessment under this section.
(E) All money collected under this section shall be considered revenue arising from the tax imposed by the municipal corporation.
(F) If the tax administrator believes that collection of the tax will be jeopardized unless proceedings to collect or secure collection of the tax are instituted without delay, the administrator may issue a jeopardy assessment against the employer or taxpayer liable for the tax. Immediately upon the issuance of the jeopardy assessment, the administrator shall file an entry with the clerk of the court of common pleas in the manner prescribed by division (D) of this section. Notice of the jeopardy assessment shall be served on the employer or taxpayer assessed or the taxpayer's legal representative by personal service or certified mail within five days of the filing of the entry with the clerk. The total amount assessed is immediately due and payable, unless the employer or taxpayer assessed files a petition for reassessment in accordance with division (B) of this section and provides security in a form satisfactory to the administrator and in an amount sufficient to satisfy the unpaid balance of the assessment. Full or partial payment of the assessment does not prejudice the administrator's consideration of the petition for reassessment.
(G) Notwithstanding the fact that a petition for reassessment is pending, the employer or taxpayer may pay all or a portion of the assessment that is the subject of the petition. The acceptance of a payment by the treasurer of the municipal corporation does not prejudice any claim for refund upon final determination of the petition.
If upon final determination of the petition an error in the assessment is corrected by the tax administrator, upon petition so filed or pursuant to a decision of the board of tax appeals or any court to which the determination or decision has been appealed, so that the amount due from the employer or taxpayer under the corrected assessment is less than the portion paid, there shall be issued to the employer or taxpayer, its assignees, or legal representative a refund in the amount of the overpayment as provided by section 718.12 of the Revised Code, with interest on that amount as provided in that section.
(H) As used in this section:
(1) "Employer" includes a responsible party if the municipal corporation imposes such liability.
(2) "Tax" includes amounts an employer is required to withhold.
Sec. 718.111. Except as provided in this section, no municipal corporation shall levy, assess, or collect any civil penalties for a tax subject to assessment under section 718.11 of the Revised Code.
(A) The following penalties shall apply to employers and taxpayers required to file a tax return for a tax subject to this chapter:
(1) If an employer or a taxpayer required to file a return or remit tax fails to make and file a return within the time prescribed, including any extensions of time granted by the tax administrator, the administrator may impose a penalty not exceeding the greater of fifty dollars per month or fraction of a month, not to exceed five hundred dollars, or five per cent per month or fraction of a month, not to exceed fifty per cent, of the tax required to be shown on the return, for each month or fraction of a month elapsing between the due date, including extensions of the due date, and the day on which the return is filed.
(2) If an employer or a taxpayer fails to pay any amount of estimated tax required to be paid, subject to section 718.08 of the Revised Code, by the dates prescribed for payment, the tax administrator may impose a penalty of up to twice the interest owed for the delinquent payment.
(3) If an employer or a taxpayer files what purports to be a return required by a municipal corporation to report income that does not contain information upon which the substantial correctness of the return may be judged or contains information that on its face indicates that the return is substantially incorrect, and the filing of the return in that manner is due to a position that is frivolous or a desire that is apparent from the return to delay or impede the administration of the tax, a penalty of up to five hundred dollars may be imposed.
(4) If an employer or a taxpayer makes a fraudulent attempt to evade the reporting or payment of the tax required to be shown on any return, a penalty may be imposed not exceeding the greater of one thousand dollars or one hundred per cent of the tax required to be shown on the return.
(5) If any person makes a false or fraudulent claim for a refund under section 718.12 of the Revised Code, a penalty may be imposed not exceeding the greater of one thousand dollars or one hundred per cent of the claim. Any penalty imposed under division (A)(5) of this section, any refund issued on the claim, and interest on any refund from the date of the refund, may be assessed under section 718.11 of the Revised Code without regard to any time limitation for the assessment imposed by division (A) of that section.
(B) For the purposes of this section, the tax required to be shown on the return shall be reduced by the amount of any part of the tax paid on or before the date, including extensions of the date, prescribed for filing the return.
(C) Each penalty imposed under this section shall be in addition to any other penalty described in this section. All or part of any penalty imposed under this section may be abated by the tax administrator. The administrator may adopt rules governing the imposition and abatement of such penalties.
(D) All amounts collected under this section from an employer or a taxpayer shall be considered as revenue arising from the tax imposed by the municipal corporation.
(E) The interest rate for any interest charges levied by a municipal corporation for the underpayment of tax shall be based upon the rate per annum prescribed by section 5703.47 of the Revised Code.
Sec. 718.112. (A) If any of the facts, figures, computations, or attachments required in a taxpayer's annual return to determine the tax charged by the municipal corporation must be altered as the result of an adjustment to the taxpayer's federal income tax return, whether initiated by the taxpayer or the internal revenue service, and such alteration affects the taxpayer's tax liability, the taxpayer shall file an amended return with the tax administrator in such form as the administrator requires. The amended return shall be filed not later than sixty days after the adjustment has been agreed to or finally determined for federal income tax purposes or any federal income tax deficiency or refund, or the abatement or credit resulting therefrom, has been assessed or paid, whichever occurs first.
(B) In the case of an underpayment, the amended return shall be accompanied by payment of any additional tax due together with interest thereon. If the tax shown to be due is one dollar or less, such amount need not accompany the amended return. An amended return required by this section is a return subject to assessment under section 718.11 of the Revised Code for the purpose of assessing any additional tax due under this section, together with any applicable penalty and interest. An amended return does not reopen facts, figures, computations, or attachments from a previously filed return no longer subject to assessment that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal income tax return.
(C) In the case of an overpayment, an application for refund may be filed under this division within the sixty-day period prescribed for filing the amended return even if it is filed beyond the period prescribed in section 718.12 of the Revised Code if it otherwise conforms to the requirements of that section. An application filed under this division shall claim refund of overpayments resulting from alterations to only those facts, figures, computations, or attachments required in the taxpayer's annual return that are affected, either directly or indirectly, by the adjustment to the taxpayer's federal income tax return unless it is also filed within the time prescribed in section 718.12 of the Revised Code. The application does not reopen facts, figures, computations, or attachments that are not affected, either directly or indirectly, by the adjustment to the taxpayer's federal income tax return.
Sec. 718.12. (A) An application to refund to an employer or a taxpayer the amount of taxes paid on any illegal, erroneous, or excessive payment of tax to a municipal corporation, including assessments, shall be filed with the tax administrator of the municipal corporation within three years after the date of the illegal, erroneous, or excessive payment of the tax, or within any additional period allowed by division (A) of section 718.11 of the Revised Code. The application shall be filed in the form prescribed by the tax administrator or by using a generic form as allowed under section 718.05 of the Revised Code.
(B) Upon the filing of a refund application, the administrator shall determine the amount of refund to which the applicant is entitled. If the amount is not less than that claimed, the administrator shall issue a refund. If the amount is less than that claimed, the administrator shall give the applicant notice by ordinary mail of the amount approved for refund. The notice shall be sent to the address shown on the application for a refund unless the applicant notifies the administrator of a different address. The applicant shall have sixty days from the date the administrator mails the notice to provide additional information to the administrator or to request a hearing, or both. Nothing in this section prohibits the administrator from refunding the applicant the approved amount prior to the expiration of the sixty-day period.
(C) If the applicant neither requests a hearing nor provides additional information to the tax administrator within the time prescribed by division (B) of this section, the administrator shall take no further action, and the determination of the refund amount denied is final and is not subject to appeal under section 5717.011 of the Revised Code.
(D)(1) If the applicant requests a hearing within the time prescribed by division (B) of this section, the tax administrator shall assign a time and place for the hearing and shall notify the applicant of such time and place. The administrator may continue the hearing from time to time as necessary. After the hearing, the administrator may make such adjustments to the refund as the administrator finds proper and shall issue a final determination thereon.
(2) If the applicant does not request a hearing, but provides additional information, within the time prescribed by division (B) of this section, the tax administrator shall review the information, make such adjustments to the refund as the administrator finds proper, and shall issue a final determination thereon.
(3) The administrator shall serve a copy of the final determination made under division (D)(1) or (2) of this section on the applicant by personal service or by certified mail, and the decision is final, subject to appeal under section 5717.011 of the Revised Code.
(4) The administrator shall refund any additional tax found to be due the taxpayer under division (D)(1) or (2) of this section.
(E) Upon the written request of a taxpayer, the tax administrator may credit the amount of the refund against the taxpayer's estimated tax payments to the municipal corporation for an ensuing taxable year. The administrator may apply any refund due under this section to any taxes or fees owed to the municipal corporation as partial satisfaction of the debt owed to the municipal corporation if the refund is for less than the debt or for full satisfaction of the debt owed to the municipal corporation if the refund equals or exceeds the debt. If the refund is greater than the debt, the amount remaining after satisfaction of the debt shall be refunded. The preceding two sentences apply only to debts that have become final.
(F) Interest shall be allowed and paid on any overpayment by a taxpayer of tax from the date of the overpayment until the date of the refund of the overpayment, except that if any overpayment is refunded within ninety days after the final filing date of the annual return or ninety days after the complete return is filed, whichever is later, no interest shall be allowed on the refunded overpayment. For purposes of computing the payment of interest on overpayments, no amount of tax for any taxable year shall be treated as having been paid before the date on which the tax return for that year was due without regard to any extension of time for filing that return.
(G) If the amount of refund the applicant is entitled to under this section is for less than one dollar, the tax administrator is not required to issue the refund.
Sec. 901.17. (A) The division of markets shall may do all of the following:
(1)(A) Investigate the cost of production and marketing in
all its phases;
(2)(B) Gather and disseminate information concerning supply,
demand, prevailing prices, and commercial movements, including
common and cold storage of food products, and maintain market
news service for disseminating such information;
(3)(C) Promote, assist, and encourage the organization and
operation of cooperative and other associations and organizations
for improving the relations and services among producers,
distributors, and consumers of food products;
(4)(D) Investigate the practice, methods, and any specific
transaction of commission merchants and others who receive,
solicit, buy, or handle on commission or otherwise, food
products;
(5)(E) Act as mediator or arbitrator, when invited, in any
controversy or issue that arises between producers and
distributors and that affects the interest of the consumer;
(6)(F) Act on behalf of the consumers in conserving and
protecting their interests in every practicable way against
excessive prices;
(7)(G) Act as market adviser for producers and distributors,
assisting them in economical and efficient distribution of good
products at fair prices;
(8)(H) Encourage the establishment of retail municipal
markets and develop direct dealing between producers and
consumers;
(9)(I) Encourage the consumption of Ohio-grown products
within the state, nationally, and internationally, and inspect and determine
the grade and
condition of farm produce, both at collecting and receiving
centers within the state;
(10)(J) Take such means and use such powers, relative to
shipment, transportation, and storage of foodstuffs of any kind,
as are necessary, advisable, or desirable in case of an emergency
creating or threatening to create a scarcity of food within the
state;
(K) Participate in trade missions between states and foreign countries in order to encourage the sale and promotion of Ohio-grown products.
(B)(1) The director of agriculture shall adopt and may
amend schedules of fees to be charged for inspecting farm produce
at collecting and receiving centers or such other services as may
be rendered under this section. All such fees shall be made with
a view to the minimum cost and to make this branch of the
department of agriculture self-sustaining.
The fees shall be deposited in the state treasury and
credited to the inspection fund, which is hereby created, for use
in carrying out the purposes of this section. All investment
earnings of the inspection fund shall be credited to the
fund. If, in any year,
the balance in the inspection fund is not sufficient to meet the
expenses incurred pursuant to this section, the deficit shall be
paid from funds appropriated for the use of the department.
(2) The director may adopt a schedule of fees to be charged for
inspecting
any agricultural product for the purposes of the issuance of an
export
certificate, as may be required by the United States department
of agriculture
or foreign purchasers. Such fees shall be credited to the
general revenue fund.
Sec. 901.21. (A) As used in this section and section 901.22
of
the
Revised Code:
(1)
"Agricultural
easement" has the same meaning
as in
section 5301.67 of the
Revised Code.
(2)
"Agriculture" means those activities occurring on land
devoted
exclusively to agricultural use, as defined in section
5713.30 of the Revised Code, or on land that constitutes a
homestead.
(3) "Homestead" means the portion of a farm on which is
located a dwelling house, yard, or outbuildings such as a barn or
garage.
(B) The director of agriculture may acquire real property
used
predominantly in agriculture and agricultural easements by
gift, devise, or bequest if, at the time an easement is granted,
such
an easement is on land that is
valued for
purposes of real
property taxation at its current value
for
agricultural use
under
section 5713.31 of the Revised Code
or that constitutes a
homestead.
Any
terms may be included in an
agricultural
easement
so acquired that
are necessary or
appropriate to
preserve on
behalf of the grantor
of the easement
the favorable
tax
consequences of the gift,
devise, or bequest
under the
"Internal
Revenue Act of 1986," 100
Stat. 2085, 26
U.S.C.A. 1, as amended.
The director, by any such
means
or by
purchase or lease, may
acquire, or acquire
the use of,
stationary
personal property or
equipment that is located on land
acquired in
fee by the director
under this section and that is
necessary or
appropriate for the
use of the land predominantly in
agriculture.
(C) The director may do
all things necessary or appropriate
to retain the use of real property
acquired
in fee under
division
(B) of this section
predominantly in agriculture, including,
without limitation,
performing any of the activities described in
division (A)(1) or (2)
of section 5713.30 of
the Revised Code or
entering into contracts
to lease or rent the real property so
acquired to persons or
governmental entities that will use the
land predominantly in
agriculture.
(D)(1) When the director
considers it to be necessary or
appropriate, the director may
sell real property acquired in fee,
and stationary personal
property or equipment acquired by gift,
devise, bequest, or
purchase, under division (B) of
this section
on such terms as the director considers to be
advantageous to this
state.
(2) An agricultural easement acquired under
division (B) of
this section
may be extinguished under the circumstances
prescribed, and in
accordance with the terms and conditions set
forth, in the
instrument conveying the agricultural
easement.
(E) There is hereby
created in the state treasury the
agricultural
easement purchase fund. The fund shall consist of
the proceeds
received from the sale of real and personal property
under
division (D) of this section;
moneys received due to the
extinguishment of agricultural
easements acquired by the director
under division
(B) of this section or section
5301.691 of the
Revised
Code; moneys received due to
the extinguishment of
agricultural easements
purchased with the assistance of matching
grants made under
section 901.22 of the Revised
Code; gifts,
bequests, devises,
and contributions received by the director for
the purpose of
acquiring agricultural easements; and grants
received from
public or private
sources for the purpose of
purchasing
agricultural easements. The
fund shall
be administered
by the
director, and moneys in the fund
shall be
used by the
director
exclusively to purchase
agricultural
easements under
division
(A)
of section 5301.691 of the
Revised
Code and provide
matching
grants
under section 901.22 of the
Revised Code to
municipal
corporations, counties,
townships, and
charitable
organizations
for
the purchase of agricultural
easements. Money
in the fund
shall be
used only
to
purchase
agricultural easements
on
land that
is
valued for
purposes of real
property taxation at
its current
value
for
agricultural use under
section 5713.31 of
the Revised
Code
or
that
constitutes a homestead when the
easement
is
purchased.
(F) There is hereby created in
the state treasury the clean
Ohio agricultural easement fund.
Twelve and one-half per cent of
net proceeds of obligations issued
and sold pursuant to sections
151.01 and 151.09 of the Revised
Code shall be deposited into the
fund. The fund shall be used by the
director for the purposes of
sections
901.21 and 901.22 and the
provisions of sections 5301.67
to
5301.70 of the Revised Code
governing agricultural easements.
Investment earnings of the fund
shall be credited to the fund.
For
two years after
the effective date of this amendment,
investment
earnings credited to the fund and may be used to pay costs
incurred by
the director in administering those sections and
provisions.
(G) The term of an agricultural
easement purchased wholly
or
in part with money from the clean
Ohio agricultural easement fund
or the agricultural easement
purchase fund shall be perpetual and
shall
run with the land.
Sec. 902.11. (A) Any real or personal property, or both,
of
an issuer which that is acquired, constructed, reconstructed,
enlarged,
improved, furnished, or equipped, or any combination
thereof, and
leased or subleased under authority of this chapter
shall be
subject to ad valorem, sales, use, and franchise taxes
and to
zoning, planning, and building regulations and fees, to
the same
extent and in the same manner as if the lessee-user or
sublessee-user thereof, rather than the issuer, had acquired,
constructed, reconstructed, enlarged, improved, furnished, or
equipped, or any combination thereof, such real or personal
property, and title thereto was in the name of such lessee-user
or
sublessee-user.
The transfer of tangible personal property by lease or
sublease under authority of this chapter is not a sale as used in
Chapter 5739. of the Revised Code. The exemptions provided in
divisions (B)(1) and
(14)(12) of section 5739.02 of the Revised Code
shall not be applicable to purchases for a project under this
chapter.
An issuer shall be exempt from all taxes on its real or
personal property, or both, which has been acquired, constructed,
reconstructed, enlarged, improved, furnished, or equipped, or any
combination thereof, under this chapter so long as such property
is used by the issuer for purposes which would otherwise exempt
such property; has ceased to be used by a former lessee-user or
sublessee-user and is not occupied or used; or has been acquired
by the issuer but development has not yet commenced. The
exemption shall be effective as of the date the exempt use
begins.
All taxes on the exempt real or personal property for
the year
should be prorated and the taxes for the exempt portion
of the
year shall be remitted by the county auditor.
(B) Bonds issued under this chapter, the transfer thereof,
and the interest and other income from the bonds, including any
profit made on the sale thereof, are free from taxation within
the
state.
Sec. 921.151. The pesticide program fund is hereby created in the state
treasury. All The portion of the money in the fund that is collected under this chapter shall be used to carry out the purposes of
this chapter. The portion of the money in the fund that is collected under Chapter 927. of the Revised Code shall be used to carry out the purposes of that chapter, provided that the money that is collected under section 927.701 of the Revised Code shall be used to carry out the purposes of that section. The fund shall consist of fees collected under sections 921.01
to 921.15 and section 927.69 of the Revised Code, money collected under section 927.701 of the Revised Code, and all fines, penalties, costs, and damages,
except court costs, which that are collected by either the director of agriculture
or the attorney general in consequence of any violation of sections 921.01 to
921.29 of the Revised Code. Not later than the thirtieth day of June of each
year, the director of budget and management shall determine whether the amount
credited to the pesticide program fund is in excess of the amount necessary to
meet the expenses of the director of agriculture in administering this chapter
and Chapter 927. of the Revised Code and shall transfer any excess from the pesticide program fund to the general
revenue fund.
Sec. 927.69. To effect the purpose of sections 927.51 to 927.74, inclusive,
of the Revised Code, the director of agriculture, or his the director's authorized
representative, may:
(A) Make reasonable inspection of any premises in this state and any property
therein or thereon;
(B) Stop and inspect in a reasonable manner, any means of conveyance moving
within this state upon probable cause to believe it contains or carries any
pest, host, commodity, or other article which that is subject to sections 927.51 to
927.72, inclusive, of the Revised Code;
(C) Conduct inspections of agricultural products that are required by other states, the United States department of agriculture, other federal agencies, or foreign countries to determine whether the products are infested. If, upon making such an inspection, the director or the director's authorized representative determines that an agricultural product is not infested, the director or the director's authorized representative may issue a certificate, as required by other states, the United States department of agriculture, other federal agencies, or foreign countries, indicating that the product is not infested.
The director may charge a fee for the inspection and may charge an additional fee for the issuance of a certificate. The fees shall be established in rules adopted under section 927.52 of the Revised Code and shall be deposited into the state treasury to the credit of the pesticide program fund created in Chapter 921. of the Revised Code. Money credited to the fund shall be used to pay the costs incurred by the department of agriculture in administering this chapter.
Sec. 927.701. (A) As used in this section, "gypsy moth" means the live insect, Lymantria dispar, in any stage of development.
(B) The director of agriculture may establish a voluntary gypsy moth suppression program under which a landowner may request that the department of agriculture have the landowner's property aerially sprayed to suppress the presence of gypsy moths in exchange for payment from the landowner of a portion of the cost of the spraying. To determine the amount of payment that is due from a landowner, the department first shall determine the projected cost per acre to the department of gypsy moth suppression activities for the year in which the landowner's request is made. The cost shall be calculated by determining the total expense of aerial spraying for gypsy moths to be incurred by the department in that year divided by the total number of acres proposed to be sprayed in that year. With respect to a landowner, the department shall multiply the cost per acre by the number of acres that the landowner requests to be sprayed. The department shall add to that amount any administrative costs that it incurs in billing the landowner and collecting payment. The amount that the landowner shall pay to the department shall not exceed fifty per cent of the resulting amount.
(C) The director shall adopt rules under Chapter 119. of the Revised Code to establish procedures under which a landowner may make a request under division (B) of this section and to establish provisions governing agreements between the department and landowners concerning gypsy moth suppression together with any other provisions that the director considers appropriate to administer this section.
(D) The director shall deposit all money collected under this section into the state treasury to the credit of the pesticide program fund created in Chapter 921. of the Revised Code. Money credited to the fund under this section shall be used for the suppression of gypsy moths in accordance with this section.
Sec. 1309.109. (A) Except as otherwise provided in
divisions
(C)
and (D) of this section, this chapter applies to the following:
(1) A transaction, regardless of its form, that creates a
security interest in personal property or fixtures by contract;
(2) An agricultural lien;
(3) A sale of accounts, chattel paper, payment intangibles,
or
promissory notes;
(5) A security interest arising under section 1302.42
or
1302.49, division (C) of section
1302.85, or division (E) of
section 1310.54 of the Revised Code, as provided in
section
1309.110 of the Revised Code; and
(6) A security interest arising under section 1304.20 or
1305.18
of the Revised Code.
(B) The application of this chapter to a security interest
in a
secured obligation is not affected by the fact that the
obligation
is itself secured by a transaction or interest to which
this chapter does not
apply.
(C) This chapter does not apply to the extent that:
(1) A statute, regulation, or treaty of the United
States
preempts this chapter; or
(2) The rights of a transferee beneficiary or nominated
person
under a letter of credit are independent and superior under
section
1305.13 of the Revised Code.
(D) This chapter does not apply to the following:
(1) A landlord's lien, other than an agricultural lien;
(2)(a) A lien, not enumerated in division (D)(2) of this
section and other than an agricultural lien, given by
statute or
other rule of law for services or materials, including
any lien
created under any provision of Chapter 926., sections
1311.55 to
1311.57, sections 1311.71 to 1311.80, section 1701.66,
or Chapter
4585. of the Revised Code;
(b) Notwithstanding division (D)(2)(a) of this section,
section
1309.333 of the Revised Code applies with respect to
priority of
the lien.
(3) An assignment of a claim for wages, salary, or other
compensation of an employee;
(4) A sale of accounts, chattel paper, payment intangibles,
or
promissory notes as part of a sale of the business out of which
they
arose;
(5) An assignment of accounts, chattel paper, payment
intangibles, or promissory notes that is for the purpose of
collection
only;
(6) An assignment of a right to payment under a contract to
an
assignee that is also obligated to perform under the contract;
(7) An assignment of a single account, payment intangible,
or
promissory note to an assignee in full or partial satisfaction
of a
preexisting indebtedness;
(8) A transfer of an interest in or an assignment of a claim
under a policy of insurance, other than an assignment by or to a
health-care provider of a health-care-insurance receivable and any
subsequent assignment of the right to payment, but
sections
1309.315 and 1309.322 of the Revised Code apply with
respect to
proceeds and priorities in proceeds;
(9) An assignment of a right represented by a judgment,
other
than a judgment taken on a right to payment that was
collateral;
(10) A right of recoupment or set-off, but:
(a) Section 1309.340 of the Revised Code
applies with
respect to the
effectiveness of rights of recoupment or set-off
against deposit accounts; and
(b) Section 1309.404 of the Revised Code
applies
with
respect to defenses or claims of an account debtor.
(11) The creation or transfer of an interest in or lien on
real
property, including a lease or rents under a lease, except to
the extent that provision is made for:
(a) Liens on real property in sections 1309.203
and
1309.308
of the Revised Code;
(b) Fixtures in section 1309.334 of the
Revised
Code;
(c) Fixture filings in sections 1309.501,
1309.502,
1309.512, 1309.516, and 1309.519 of the Revised Code; and
(d) Security agreements covering personal and real property
in
section 1309.604 of the Revised Code.
(12) An assignment of a claim arising in tort, other than a
commercial tort
claim, but
sections 1309.315 and 1309.322 of the
Revised Code
apply with
respect to proceeds and priorities in
proceeds;
(13) An assignment of a deposit account in a consumer
transaction, but sections 1309.315 and 1309.322 of the
Revised
Code apply with respect to proceeds and
priorities in
proceeds; or
(14) A transfer by a government, state, or governmental unit.
(E) The granting of a security
interest in all or any part
of a lottery prize award for
consideration is
subject to the
prohibition of division (A)(3)(C) of section 3770.07 of
the Revised
Code. The sale, assignment, or other redirection of a lottery
prize award for consideration is subject to the provisions of
division (A)(4)(D) of section 3770.07 and sections 3770.10 to 3770.14
of the Revised Code.
Sec. 1321.21. All fees, charges, penalties, and forfeitures collected under
Chapters 1321., 1322., 4712., 4727., and 4728., sections 1315.21 to
1315.30, and sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of the
Revised Code shall be paid to the superintendent of
financial institutions and shall be deposited by the superintendent
into the state treasury to the credit of the consumer
finance fund, which is hereby created. The fund may
be expended or obligated by the superintendent for the defrayment of the costs
of administration of Chapters 1321., 1322., 4712., 4727., and
4728., sections 1315.21 to 1315.30, and sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of the
Revised Code
by the division of financial institutions.
All actual and necessary expenses incurred by the superintendent, including
any services rendered by the department of commerce for the division's
administration of Chapters 1321., 1322.,
4712., 4727., and 4728., sections 1315.21 to 1315.30, and sections 1315.35 to
1315.44, and sections 1349.25 to 1349.37 of the Revised Code, shall be paid from the fund. The fund shall be assessed a
proportionate share of the administrative costs of the department and the
division. The proportionate share of the administrative costs of the division
of financial institutions shall be determined in accordance with
procedures prescribed by the superintendent
and approved by the director of budget and management. Such assessment shall
be paid from the consumer finance fund to the division of
administration fund or the financial institutions fund.
Sec. 1333.99. (A) Whoever violates sections 1333.01 to
1333.04 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1333.12 of the Revised Code
is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 1333.36 of the Revised Code
is guilty of a misdemeanor of the third degree.
(D) A prosecuting attorney may file an action to restrain
any person found in violation of section 1333.36 of the Revised
Code. Upon the filing of such an action, the common pleas court
may receive evidence of such violation and forthwith grant a
temporary restraining order as may be prayed for, pending a
hearing on the merits of said cause.
(E) Whoever violates division (A)(1) of section 1333.52 or
section 1333.81 of the Revised Code is guilty of a misdemeanor of
the first degree.
(F) Whoever violates division (A)(2) or (B) of section
1333.52 or division (F) or (H) of section 1333.96 of the Revised
Code is guilty of a misdemeanor of the second degree.
(G) Except as otherwise provided in this
division, whoever violates section 1333.92 of the Revised Code
is guilty of a misdemeanor of the first degree. If the value of the
compensation is five hundred dollars or more and less than five thousand
dollars, whoever violates section 1333.92 of the Revised Code is guilty of a
felony of
the fifth degree. If the value of the compensation is five thousand
dollars or more and less
than one hundred thousand dollars, whoever violates section 1333.92 of the
Revised Code is
guilty of a felony of the fourth degree. If the value of the compensation is
one hundred thousand dollars or more, whoever violates section 1333.92 of the
Revised Code is
guilty of a felony of the third degree.
(H) Whoever violates division (B), (C), or (I) of section
1333.96 of the Revised Code is guilty of a misdemeanor of
the third
degree.
(I) Any person not registered as a travel agency or tour
promoter as provided in divisions (B) and (C) of section 1333.96
of the Revised Code who states that the person is so registered is
guilty of a misdemeanor of the first degree.
Sec. 1501.04. There is hereby created in the department of
natural resources a recreation and resources commission composed
of the chairman chairperson of the wildlife council created
under section
1531.03 of the Revised Code, the chairman chairperson of the
parks and
recreation council created under section 1541.40 of the Revised
Code, the chairman chairperson of the waterways safety council
created under
section 1547.73 of the Revised Code, the chairman chairperson of
the technical advisory council on oil and gas created under section
1509.38 of the Revised Code, the chairman of the forestry
advisory council created under section 1503.40 of the Revised
Code, the chairman chairperson of the Ohio soil and water
conservation
commission created under section 1515.02 of the Revised Code, the
chairman chairperson of the Ohio natural areas council created
under section 1517.03 of the Revised Code, the chairman
chairperson of the Ohio water
advisory council created under section 1521.031 of the Revised
Code, the chairperson of the recycling and litter prevention
advisory council created under section 1502.04 of the Revised
Code, the chairperson of the civilian conservation advisory
council created under section 1553.10 of the Revised Code, the
chairman chairperson of the Ohio geology advisory council
created under section 1505.11 of the Revised Code, and five members appointed
by the governor with the advice and consent of the senate, not
more than three of whom shall belong to the same political party.
The director of natural resources shall be an ex officio member
of the commission, with a voice in its deliberations, but without
the power to vote.
Terms of office of members of the commission appointed by
the governor shall be for five years, commencing on the second
day of February and ending on the first day of February. Each
member shall hold office from the date of his appointment until
the end of the term for which he the member was appointed.
In the event of the death, removal, resignation, or
incapacity of a member of the commission, the governor, with the
advice and consent of the senate, shall appoint a successor who
shall hold office for the remainder of the term for which his the
member's predecessor was appointed. Any member shall continue in office
subsequent to the expiration date of his the member's term until
his the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first.
The governor may remove any appointed member of the
commission for misfeasance, nonfeasance, or malfeasance in
office.
The commission shall exercise no administrative function,
but may:
(A) Advise with and recommend to the director of natural
resources as to plans and programs for the management,
development, utilization, and conservation of the natural
resources of the state;
(B) Advise with and recommend to the director as to
methods of coordinating the work of the divisions of the
department;
(C) Consider and make recommendations upon any matter
which that the director may submit to it;
(D) Submit to the governor biennially recommendations for
amendments to the conservation laws of the state.
Before Each member of the commission, before entering upon the
discharge of his the member's duties, each
member of the commission shall take and subscribe to an oath of
office, which oath, in writing, shall be filed in the office of
the secretary of state.
The members of the commission shall serve without
compensation, but shall be entitled to receive their actual and
necessary expenses incurred in the performance of their official
duties.
The commission, by a majority vote of all its
members, shall adopt and amend bylaws.
To be eligible for appointment, a person shall be a citizen
of the United States and an elector of the state and shall
possess a knowledge of and have an interest in the natural
resources of this state.
The commission shall hold at least four regular quarterly
meetings each year. Special meetings shall be held at such times
as the bylaws of the commission provide. Notices of all meetings
shall be given in such manner as the bylaws provide. The
commission shall choose annually from among its members a
chairman chairperson to preside over its meetings and a
secretary to keep a
record of its proceedings. A majority of the members of the
commission constitutes a quorum. No advice shall be given or
recommendation made without a majority of the members of the
commission concurring therein.
Sec. 1502.02. (A) There is hereby created in the
department of natural resources the division of recycling and litter
prevention to be headed by the chief of recycling and litter prevention.
(B) There is hereby created in the state treasury the
recycling and litter prevention fund, consisting of moneys
distributed to it.
(C) The chief of recycling and litter prevention shall do all of the
following:
(1) Use moneys credited to the fund exclusively for the
purposes set forth in sections 1502.03, 1502.04, and 1502.05 of
the Revised Code, with particular emphasis on programs relating
to recycling;
(2) Expend for administration of the division not more than ten per cent of
any fiscal year's
appropriation to the division, excluding the amount assessed to
the division for direct and indirect central support charges;
(3) Require recipients of grants under section 1502.05 of
the Revised Code, as a condition of receiving and retaining them,
to do all of the following:
(a) Create a separate account for the grants and any cash
donations received that qualify for the donor credit allowed by
section 5733.064 of the Revised Code;
(b) Make expenditures from the account exclusively for the
purposes for which the grants were received;
(c) Use any auditing and accounting practices the
chief considers necessary regarding the account;
(d) Report to the chief information regarding the amount
and donor of cash donations received as described by section
5733.064 of the Revised Code;
(e) Use grants received to supplement and not to replace
any existing funding for such purposes.
(4) Report to the tax commissioner information the chief receives
pursuant to division (C)(3)(d) of this section.
Sec. 1503.011. The chief of the division of forestry shall
be responsible for the conservation and development of forests
within this state.
The chief shall be concerned with
silvicultural
practices, including the proper planting, growing,
protecting,
harvesting, and managing of trees for such purposes as
watershed
and soil protection, timber production and utilization,
recreation, aesthetics, wildlife habitat development, and urban
enhancement and for all benefits that forests provide.
The chief may do any or all of the following:
(A) Provide rural forestry assistance to nonindustrial
private forest landowners, including advice in tree planting,
forest improvement, harvesting, and all aspects of conservation;
(B) Provide urban forestry assistance to individuals,
nonprofit organizations, and political subdivisions to manage
their urban forest resource and develop comprehensive tree care
programs;
(C) Provide wood utilization, marketing, and rural
forestry
development assistance to forest industries, political
subdivisions and agencies thereof, and state and federal agencies
for the purpose of establishing and maintaining a viable,
economically sound wood-based industry while expanding the forest
resource of this state;
(D) Provide forest pest protection assistance to forest
landowners, political subdivisions and agencies thereof, and
state
and federal agencies on assessing and evaluating the health
and
vigor of the forest resource;
(E) Provide technical assistance to landowners in
developing
forest windbreaks, filter strips, and other forest
management
practices that provide conservation benefits;
(F) Provide awareness of and education concerning the
programs provided for under divisions (A) to (E) of this section;
(G) Enter into agreements with political subdivisions and
agencies thereof, state and federal agencies, firefighting
agencies and private fire companies, as those terms are defined
in
section 9.60 of the Revised Code, nonprofit organizations, and
individuals to meet the needs of forestry assistance in this
state
and, in accordance with
section 1503.01
of
the
Revised Code,
develop and administer grant programs for any of
those entities
requesting assistance. The chief shall adopt, and
may amend and
rescind, rules in accordance with Chapter 119. of
the Revised Code
establishing such requirements and procedures as
are necessary to
implement this division. As As used in this section division,
"nonprofit organization" has the
same meaning as in section 4141.01 of the Revised Code.
(H) Perform inventories and assessments of the forest resource in this state;
(I) Establish and administer a cost-share program, in accordance with rules adopted under section 1503.58 of the Revised Code, under which the state may share the costs to private forest landowners of enhancing the sustainability of the forest resource in this state;
(J) Establish and administer a grant program, in accordance with rules adopted under section 1503.58 of the Revised Code, for the purpose of enhancing the sustainability and economic development of the forest resource of this state;
(K) Enter into agreements with private entities to carry out the purposes of sections 1503.50 to 1503.58 of the Revised Code;
(L) Upon the invitation or permission of a private property owner, enter private property or designate another person to do so on the chief's behalf to carry out the purposes of this section.
Sec. 1503.05. (A) The chief of the division of forestry may
sell timber and other forest products from the state forest and state
forest nurseries whenever the chief considers such a sale desirable and,
with the approval of the attorney general and the director of natural
resources, may sell portions of the state forest lands when such
a sale is advantageous to the state.
(B) Except as otherwise provided in this section, a timber sale
agreement shall not be executed unless the person or governmental
entity bidding on the sale executes and files a surety bond
conditioned on completion of the timber sale in accordance with
the terms of the agreement in an amount equal to twenty-five per
cent of the highest value cutting section. All bonds shall be
given in a form prescribed by the chief and shall run to the
state as obligee.
The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by the attorney in fact thereof, with a
certified copy of the
power of attorney attached. The chief shall not approve the bond
unless there is attached a certificate of the superintendent of
insurance that the company is authorized to transact a fidelity
and surety business in this state.
In lieu of a bond, the bidder may deposit any of the
following:
(1) Cash in an amount equal to the amount of the bond;
(2) United States government securities having a par value
equal to or greater than the amount of the bond;
(3) Negotiable certificates of deposit or irrevocable
letters of credit issued by any bank organized or transacting
business in this state having a par value equal to or greater
than the amount of the bond.
The cash or securities shall be deposited on the same terms
as bonds. If one or more certificates of deposit are deposited
in lieu of a bond, the chief shall require the bank that issued
any of the certificates to pledge securities of the aggregate
market value equal to the amount of the certificate or
certificates that is in excess of the amount insured by the
federal deposit insurance corporation. The securities to be
pledged shall be those designated as eligible under section
135.18 of the Revised Code. The securities shall be security for
the repayment of the certificate or certificates of deposit.
Immediately upon a deposit of cash, securities,
certificates of deposit, or letters of credit, the chief shall
deliver them to the treasurer of state, who shall hold them in
trust for the purposes for which they have been deposited. The
treasurer of state is responsible for the safekeeping of the
deposits. A bidder making a deposit of cash, securities,
certificates of deposit, or letters of credit may withdraw and
receive from the treasurer of state, on the written order of the
chief, all or any portion of the cash, securities, certificates
of deposit, or letters of credit upon depositing with the
treasurer of state cash, other United States government
securities, or other negotiable certificates of deposit or
irrevocable letters of credit issued by any bank organized or
transacting business in this state, equal in par value to the par
value of the cash, securities, certificates of deposit, or
letters of credit withdrawn.
A bidder may demand and receive from the treasurer of state
all interest or other income from any such securities or
certificates as it becomes due. If securities so deposited with
and in the possession of the treasurer of state mature or are
called for payment by their issuer, the
treasurer of state,
at the request of the bidder who deposited them, shall convert
the proceeds of the redemption or payment of the securities into
other United States government securities, negotiable
certificates of deposit, or cash as the bidder designates.
When the chief finds that a person or governmental agency
has failed to comply with the conditions of the person's or
governmental agency's bond, the chief shall
make a finding of that fact and declare the bond, cash,
securities, certificates, or letters of credit forfeited. The
chief thereupon shall certify the total forfeiture to the
attorney general, who shall proceed to collect the amount of the
bond, cash, securities, certificates, or letters of credit.
In lieu of total forfeiture, the surety, at its option, may
cause the timber sale to be completed or pay to the treasurer of
state the cost thereof.
All moneys collected as a result of forfeitures of bonds,
cash, securities, certificates, and letters of credit under this
section shall be credited to the state forest fund created in
this section.
(C) The chief may grant easements and leases on portions of the
state forest lands and state forest nurseries under terms
that are advantageous to the
state, and the chief may grant mineral rights on a royalty
basis on those lands and nurseries, with
the approval of the attorney general and the director.
(D) All moneys received from the sale of state forest lands, or
in payment for easements or leases on or as rents from
those
lands or from state forest nurseries, shall be paid into the state
treasury to the credit of the
state forest fund, which is hereby created. All moneys received
from the sale of standing timber taken from the state forest
lands shall be deposited into the general revenue fund. All moneys received
from the sale of forest products, other than
standing timber, and minerals taken from the state forest lands and state
forest nurseries,
together with royalties from mineral rights, shall be paid into
the state forest fund. In addition, all fees collected under section 1503.51 of the Revised Code related to the licensure of timber buyers, all sustainable forestry fees collected under section 1503.56 of the Revised Code, and all per-acre fees collected under section 1503.57 of the Revised Code for the conversion of forest land shall be paid into the state forest fund.
At the time of making such a payment or deposit, the chief shall determine the
amount and gross
value of all such products sold or royalties received from lands and
nurseries in
each county, in each township within the county, and in each school district
within the county. Afterward the
chief shall send to each county treasurer a copy of the
determination and shall provide for payment to the county
treasurer, for the use of the general fund of that county from
the amount so received as provided in this division, an amount equal
to eighty per cent of the gross value of the products sold or royalties
received from lands and nurseries located in that county. The county
auditor shall do all
of the following:
(1) Retain for the use of the general fund of the county one-fourth of the
amount received by the county under division (D) of this section;
(2) Pay into the
general fund of any township located within the county and
containing such lands and nurseries one-fourth of the amount received
by the
county from products sold or royalties received from lands and
nurseries
located in the township;
(3) Request the board of education of any school district located within
the county and containing such lands and nurseries to identify which
fund or funds of the
district should receive the moneys available to the school district under
division (D)(3) of this section. After receiving notice from the
board, the county auditor shall pay into the fund or funds so identified
one-half of the amount received by the county from products sold or royalties
received from lands and nurseries located in the school district,
distributed
proportionately as identified by the board.
The division of forestry shall not
supply logs, lumber, or other forest products or minerals, taken
from the state forest lands or state forest nurseries, to any other
agency or subdivision
of the state unless payment is made therefor in the amount of the
actual prevailing value thereof. This section is applicable to
the moneys so received. All moneys received from the sale of
reforestation tree stock or other revenues derived from the
operation of the state forests, facilities, or equipment shall be
paid into the state forest fund.
The fund shall not be expended for any purpose other than
the administration, operation, maintenance, development, or
utilization of the state forests, forest nurseries, and forest
programs, for facilities or equipment incident to them,
or for
the further purchase of lands for state forest or forest nursery
purposes.
Sec. 1503.50. As used in sections 1503.50 to 1503.58 of the Revised Code:
(A) "Buying timber" means to purchase timber, cut timber in exchange for receiving a share of it, or barter for timber; to offer to do so; or to take possession of timber with or without the consent of the timber grower.
(B) "Forest land" means land consisting of a stand or stands of timber that contain not less than fifty square feet of basal area or not less than three hundred stems per acre and that are distributed evenly throughout the stand.
(C) "Person" means an individual, partnership, firm, association, business trust, or corporation.
(D) "Rules" means rules adopted by the chief of the division of forestry under section 1503.58 of the Revised Code.
(E) "Timber" means trees, standing or felled, and parts of trees that can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of any article. "Timber" does not include Christmas trees, fruit or ornamental trees, or wood products that are not used or intended for use for building, structural, manufacturing, or processing purposes.
(F) "Timber buyer" means a person who is engaged in either of the following:
(1) The business of buying timber from its grower for the purposes of sawing it into lumber, processing it, or reselling it;
(2) Land-clearing, as "land-clearing" is defined in rules.
"Timber buyer" does not include a person who purchases timber for the purposes of sawing or processing it for the person's own use and not for resale, provided that the person does not purchase timber more frequently than the interval established in rules or in greater amounts than the amounts specified in rules.
Sec. 1503.51. Not later than July 1, 2004, the chief of the division of forestry shall establish a program for the licensure of timber buyers.
On and after July 1, 2004, no person shall act as a timber buyer unless the person holds a valid timber buyer license issued by the chief. A person who wishes to obtain a timber buyer license shall file an application with the chief on a form that the chief prescribes and provides. The application shall include the applicant's name, the names of the applicant's principal officers if the applicant is a corporation, the names of the applicant's partners if the applicant is a partnership, the location of any principal office or place of business of the applicant, the counties in this state in which the applicant proposes to engage in business as a timber buyer, and any additional information that the chief requires.
An applicant shall include with an application a filing fee of one hundred dollars plus an additional five-dollar fee for a timber buyer identification card. The chief shall deposit fees collected under this section in the state treasury to the credit of the state forest fund created in section 1503.05 of the Revised Code.
Upon receipt of a completed application together with the one-hundred-dollar fee and the five-dollar fee, the chief shall issue a license and a timber buyer identification card to the applicant, except that the chief shall not issue a license or timber buyer identification card to an applicant who has violated section 1503.56 or 1503.57 of the Revised Code by failing to pay a fee established in those sections. The license and identification card shall be valid for one year and may be renewed in the same manner that an initial license and identification card are applied for and issued.
Sec. 1503.52. (A) A timber buyer shall post a copy of that person's valid timber buyer license in the timber buyer's principal office in this state.
(B) When engaged in buying timber, a timber buyer shall carry on the timber buyer's person a valid timber buyer identification card. Upon the request of the chief of the division of forestry, the chief's authorized representative, a sheriff, a deputy sheriff, or any other peace officer, a timber buyer shall present the identification card for inspection. No person charged with violating this division shall be convicted if the person produces in court satisfactory evidence that a timber buyer identification card that was valid at the time of the violation had been issued to the person.
Sec. 1503.53. (A) No timber buyer shall do any of the following:
(1) Knowingly fail to pay for any timber purchased as agreed to with the seller;
(2) Knowingly cut or cause to be cut or appropriate any timber without the consent of the timber grower;
(3) Knowingly make any false statement in connection with an application for a timber buyer license or any other information that is required under sections 1503.50 to 1503.58 of the Revised Code;
(4) Knowingly fail to accurately account for timber for purposes of calculating the sustainable forestry fee established under section 1503.56 of the Revised Code;
(5) Commit any act in connection with the cutting or purchase of timber with purpose to defraud or deceive;
(6) Violate sections 1503.50 to 1503.58 of the Revised Code or rules.
(B) No person shall resist or obstruct the chief of the division of forestry or the chief's authorized representatives in the administration or enforcement of sections 1503.50 to 1503.58 of the Revised Code or rules.
Sec. 1503.54. The chief of the division of forestry may inspect at any reasonable time the premises used by a timber buyer in the conduct of the timber buyer's business. During business hours, the books, accounts, records, and papers that are used in the conduct of the timber buyer's business are subject to inspection by the chief. A timber buyer shall retain the books, accounts, records, and papers that pertain to buying timber for a period of three years after the timber is bought.
Sec. 1503.55. The chief of the division of forestry may suspend or revoke the timber buyer license of any person who violates sections 1503.50 to 1503.58 of the Revised Code or rules. In addition, the chief may refuse to issue a timber buyer license and timber buyer identification card to a person whose license has been suspended or revoked for a period not to exceed five years following the suspension or revocation.
The chief, by application to a court of competent jurisdiction, may seek, and the court may issue, an injunction restraining a timber buyer who engages in the business of buying timber in this state and who does not hold a valid timber buyer license from continuing to engage in that business until the person obtains a valid timber buyer license. Upon refusal or neglect to obey the order of the court, the court may compel compliance by initiating proceedings for contempt.
Sec. 1503.56. (A) On and after July 1, 2004, each timber buyer who engages in buying timber in this state shall pay a sustainable forestry fee. Except as otherwise provided in division (B) of this section, the amount of the fee shall be equal to six per cent of the value, as determined by the sale price, of the timber involved in a transaction.
The timber buyer shall include with the fee a report describing the timber transaction that is the basis of the fee. The report shall be made on forms prescribed and provided by the chief of the division of forestry and shall include information specified by rules. The timber buyer shall post a copy of the report in a conspicuous place at the harvest site.
(B) In the case of a timber buyer who engages in the business of land-clearing forest land, as "land-clearing" is defined in rules, the timber buyer shall pay a sustainable forestry fee in an amount that is equal to six per cent of the gross value of the standing timber before its harvest. The timber buyer shall include with the fee a list on forms that the chief prescribes and provides. The list shall specify the size and species of the timber removed together with its gross value as standing timber. If the chief disputes the gross value assigned to the timber, the chief may cause an investigation to be made into the actual gross value of the timber.
A sustainable forestry fee is not due under this division for the clearing of land that does not consist of forest land.
(C) Prior to harvesting timber, a timber buyer shall submit the sustainable forestry fee together with the report or the list, as appropriate, that are required under this section to the chief in accordance with procedures established in rules. The chief shall deposit the fee in the state treasury to the credit of the state forest fund created in section 1503.05 of the Revised Code.
(D) The chief shall rebate one-sixth of a sustainable forestry fee that the chief receives to the following persons under the following circumstances:
(1) The owner of the land on which timber was harvested, provided that the landowner supplies the chief with documentation that either a professional forester planned and administered the harvest or a trained logger was utilized in the harvest of the timber;
(2) The timber buyer, provided that the timber buyer supplies the chief with any information about the harvest that is encouraged under section 1511.02 of the Revised Code and that a trained logger and management practices to protect water quality were utilized in the harvest of the timber.
For purposes of division (D) of this section, in order to be considered a professional forester or a trained logger, a person shall satisfy the standards established in rules.
Sec. 1503.57. A landowner who converts land use from forest land to nonforest land that is not used for agriculture shall pay a per-acre conversion fee to the chief of the division of forestry. The fee shall be submitted in an amount and in accordance with procedures and other requirements established by rules. The chief shall deposit the fee in the state treasury to the credit of the state forest fund created in section 1503.05 of the Revised Code.
Sec. 1503.58. (A) In accordance with Chapter 119. of the Revised Code, the chief of the division of forestry shall adopt rules that do all of the following:
(1) Establish procedures, eligibility criteria, and any other provisions that are necessary for the administration of a cost-share program under which the state may share the costs to private forest landowners of enhancing the sustainability of the forest resource in this state;
(2) Establish procedures, eligibility criteria, and any other provisions that are necessary for the administration of a grant program for the purpose of enhancing the sustainability and economic development of the forest resource in this state;
(3) Define "land-clearing" for purposes of sections 1503.50 to 1503.58 of the Revised Code;
(4) Establish the maximum frequency and amount of timber purchases that a person may make for the person's own use without being considered to be a timber buyer;
(5) Specify the information that must be included in the report that is required to be submitted with a sustainable forestry fee under section 1503.56 of the Revised Code and establish procedures for submitting the report together with procedures for submitting the list that is required under that section;
(6) Establish standards that a person must meet in order to be considered to be a professional forester or a trained logger for purposes of section 1503.56 of the Revised Code;
(7) Establish the amount of the per-acre conversion fee that is required under section 1503.57 of the Revised Code and establish procedures for submitting the fee and any other requirements that are necessary to administer that section.
(B) In accordance with Chapter 119. of the Revised Code, the chief may adopt any additional rules that the chief considers necessary to administer sections 1503.50 to 1503.58 of the Revised Code.
Sec. 1503.99. (A) Whoever violates section 1503.01 or 1503.12 of
the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1503.18 or 1503.43 of the Revised Code is guilty
of a misdemeanor of the third degree.
(C) Whoever violates section 1503.53 of the Revised Code is guilty of a minor misdemeanor. Whoever knowingly violates that section during a time period when the person does not possess a valid timber buyer license because the person's license has been suspended or revoked or the chief of the division of forestry has refused to issue a license under section 1503.55 of the Revised Code is guilty of a misdemeanor of the fourth degree.
Sec. 1509.06. An application for a permit to drill a new
well, drill an existing well deeper, reopen a well, convert a
well
to any use other than its original purpose, or plug back a
well to
a different source of supply shall be filed with the
chief of the
division of mineral resources
management upon such form as the
chief
prescribes and shall contain each of the following that is
applicable:
(A) The name and address of the owner and, if a
corporation,
the name and address of the statutory agent;
(B) The signature of the owner or the owner's authorized
agent.
When an authorized agent signs an application, it shall be
accompanied by a certified copy of the appointment as such
agent.
(C) The names and addresses of all persons holding the
royalty interest in the tract upon which the well is located or
is
to be drilled or within a proposed drilling unit;
(D) The location of the tract or drilling unit on which
the
well is located or is to be drilled identified by section or
lot
number, city, village, township, and county;
(E) Designation of the well by name and number;
(F) The geological formation to be tested or used and the
proposed total depth of the well;
(G) The type of drilling equipment to be used;
(H) If the well is for the injection of a liquid, identity
of the geological formation to be used as the injection zone and
the composition of the liquid to be injected;
(I) A sworn statement that all requirements of any
municipal
corporation, county, or township having jurisdiction
over any
activity related to the drilling or operation of an oil
or gas
well that have been filed with the division of
mineral resources
management and are in effect at the time the
application is filed,
including, but not limited to, zoning ordinances and resolutions
and the requirements of section 4513.34 of the Revised Code, will
be complied with until abandonment of the well;
(J) A plan for restoration of the land surface disturbed
by
drilling operations. The plan shall provide for compliance
with
the restoration requirements of division (A) of section
1509.072
of the Revised Code and any rules adopted by the chief
pertaining
to that restoration.
(K) A description by name or number of the county,
township,
and municipal corporation roads, streets, and highways
that the
applicant anticipates will be used for access to and
egress from
the well site;
(L) Such other relevant information as the chief
prescribes
by rule.
Each application shall be accompanied by a map, on a scale
not smaller than four hundred feet to the inch, prepared by an
Ohio registered surveyor, showing the location of the well and
containing such other data as may be prescribed by the chief. If
the well is or is to be located within the excavations and
workings of a mine, the map also shall include the location of
the
mine, the name of the mine, and the name of the person
operating
the mine.
The chief shall cause a copy of the weekly circular
prepared
by the division to be provided to the
county engineer of each
county that contains active or proposed
drilling activity. The
weekly circular shall contain, in the
manner prescribed by the
chief, the names of all applicants for
permits, the location of
each well or proposed well, the
information required by division
(K) of this section, and
any
additional information the chief
prescribes.
The chief shall not
issue a permit for at least ten days
after the date of filing of
the application for the permit unless,
upon reasonable cause
shown, the chief waives that period or a
request for
expedited review is
filed under this section.
However,
the chief shall issue a
permit within twenty-one days of
the
filing of the application
unless the chief denies the
application
by order.
An applicant may file a request with the chief for
expedited
review of a permit application if the well is not
or
is not to be
located in a gas storage reservoir or reservoir
protective area,
as "reservoir protective area" is defined in
section 1571.01 of
the Revised Code. If the well is or is to be
located in a coal
bearing township, the application shall be
accompanied by the
affidavit of the landowner prescribed in
section 1509.08 of the
Revised Code.
In addition to a complete application for a permit that meets
the
requirements of this section and the permit fee prescribed by
this section, a
request for expedited review shall be accompanied
by a separate nonrefundable
filing
fee of five hundred dollars.
Upon the filing of a request for
expedited review, the chief shall
cause the county engineer of the county in
which the well
is or is
to be located to be notified of the filing of the permit
application and the request for expedited review by telephone or
other means that in the judgment of the chief
will provide
timely
notice of the application and request. The
chief shall issue a
permit within seven days of the filing of the
request unless the
chief denies the application by order.
Notwithstanding the
provisions of this section governing
expedited review of permit
applications, the chief may refuse to
accept requests for
expedited review if, in the chief's
judgment, the
acceptance of
the requests would prevent the issuance, within
twenty-one days of
their filing, of permits for which
applications are pending.
A well shall be drilled and operated in accordance with the
plans, sworn statements, and other information submitted in the
approved application.
The chief shall issue an order denying a permit if the
chief
finds that there is a substantial risk that the operation
will
result in violations of this chapter or rules adopted
under it
that will present an imminent danger to
public health
or safety or
damage to the environment, provided that where the
chief finds
that terms or conditions to the permit can reasonably
be expected
to prevent such violations, the chief shall issue the
permit
subject to those terms or conditions.
Each application for a permit required by section 1509.05
of
the Revised Code, except an application for a well drilled or
reopened for purposes of section 1509.22 of the Revised Code,
also
shall be accompanied by a nonrefundable fee of two hundred
fifty
dollars.
The chief may order the immediate suspension of drilling,
operating, or plugging activities after finding that
any person is
causing, engaging in, or maintaining a condition or activity
that
in the chief's judgment presents an
imminent danger to
public
health or safety or results in or is likely to result in
immediate
substantial damage to natural resources or for
nonpayment of the
fee required by this section. The chief may
order the immediate
suspension of the drilling or reopening of a
well in a coal
bearing
township after determining that the drilling or reopening
activities present
an imminent and substantial threat to public
health or safety or to miners'
health or safety. Before issuing
any
such order, the chief shall notify the owner in such manner as
in
the chief's judgment would provide reasonable notification that
the chief intends to issue a suspension order. The chief may
issue such
an order without prior notification if reasonable
attempts to
notify the owner have failed, but in such an event
notification
shall be given as soon thereafter as practical.
Within five
calendar days after the issuance of the order, the
chief shall
provide the owner an opportunity to be heard and to
present
evidence that the condition or activity is not likely to
result
in immediate substantial damage to natural resources or
does not
present an imminent danger to public health or safety or
to miners' health
or safety, if applicable.
In the case of
activities in a coal bearing township, if the chief, after
considering evidence presented by the owner, determines that the
activities do
not present such a threat, the chief shall revoke
the suspension
order. Notwithstanding any provision of this
chapter, the owner
may
appeal a suspension order directly to the
court of common
pleas of the
county in which the activity is
located or, if in a coal bearing township,
to the
reclamation
commission under section 1513.13 of the Revised
Code.
Sec. 1509.08. Upon receipt of an application for a permit
required by section 1509.05 of the Revised Code, or upon receipt
of an application for a permit to plug and abandon under section
1509.13 of the Revised Code, the chief of the division of mineral
resources
management shall determine whether the well
is
or is to
be located in a
coal bearing township.
Whether or not the well is or is to be located in a coal
bearing township, the chief, by order, may refuse to issue a
permit required by section 1509.05 of the Revised Code to any
applicant who at the time of applying for the permit is in
material or substantial violation of this chapter or rules
adopted
or orders issued under it. The chief shall
refuse to
issue a
permit to any applicant who at the time of applying for
the permit
has been found liable by a final nonappealable order
of a court of
competent jurisdiction for damage to streets,
roads, highways,
bridges, culverts, or drainways pursuant to
section 4513.34 or
5577.12 of the Revised Code until the
applicant provides the chief
with evidence of compliance with the
order. No applicant shall
attempt to circumvent this provision
by applying for a permit
under a different name or business
organization name, by
transferring responsibility to another
person or entity, by
abandoning the well or lease, or by any
other similar act.
If the well is not or is not to be located in a coal
bearing
township, or if it is to be located in a coal bearing
township,
but the landowner submits an affidavit
attesting to ownership of
the property in fee simple, including the
coal, and has no
objection to the well, the chief shall issue the permit.
If the application to drill, reopen, or convert concerns a
well that is or is to be located in a coal bearing
township, the
chief immediately
shall notify the owner or lessee of any affected
mine that the
application has
been filed and send to the owner or
lessee two copies of the map
accompanying the application setting
forth the location of the
well.
If the owner or lessee objects to the location of the well
or
objects to any location within fifty feet of the original
location
as a possible site for relocation of the well, the owner
or lessee
shall notify the chief
of the objection, giving the reasons for
the objection
and, if applicable, indicating on a copy of the map
the particular location or
locations within fifty
feet of the
original location to which the owner or lessee
objects as a site
for possible relocation of the well, within six days after
the
receipt of the notice. If the chief receives no objections from
the owner
or lessee of the mine
within ten days after the receipt
of the notice by the owner or
lessee, or if in the opinion of the
chief the objections offered by
the owner or
lessee are not
sufficiently
well founded, the chief immediately shall notify
the
owner or lessee of those findings. The owner or lessee
may appeal
the decision of the chief
to the
reclamation oil and gas commission under
section
1513.13 1509.36 of the
Revised
Code. The appeal shall be filed
within fifteen days,
notwithstanding provisions in divisions
(A)(1) of section 1513.13
1509.36 of the Revised Code, to the contrary,
from
the
date on which the
owner or lessee receives the notice.
If
the
appeal is not filed
within that time, the chief immediately
shall
approve the
application and issue the permit if the
provisions of
this chapter
pertaining to the issuance of such a
permit have been
complied
with.
If the chief receives an
objection
from the owner or lessee
of the mine as to the location of the
well within ten days after
receipt of the notice by the owner or
lessee, and if in the
opinion of the chief the objection is well
founded, the chief
shall disapprove the application and
suggest a new
location for
the well, provided that the suggested new location
shall not be a
location within fifty feet of the original
location to which the
owner or lessee has objected as a site for
possible relocation of
the well if the chief has determined that
the objection is well
founded. The chief immediately shall notify
the applicant
for the
permit of
the disapproval and any suggestion as to a new location
for the well. The
applicant may withdraw the application or amend
the application
to drill the well at the location suggested by the
chief, or the applicant
may
appeal the disapproval of the
application by the chief to
the
reclamation
commission.
If the chief receives no
objection
from the owner or lessee
of a mine as to the location of the
well, but does receive an
objection from the owner or lessee as
to one or more locations
within fifty feet of the original
location as possible sites for
relocation of the well within ten
days after receipt of the notice
by the owner or lessee, and if
in the opinion of the chief the
objection is well founded,
the chief nevertheless shall approve
the application and issue a permit if the
provisions of this
chapter
pertaining to the issuance of such a permit have been
complied
with, incorporating as a term or condition of the permit
that the
applicant is prohibited from commencing drilling at any
location
within fifty feet of the original location that has been
disapproved by the chief. The
applicant may appeal to the
reclamation commission the terms and conditions
of
the permit
prohibiting the commencement of drilling at any
such
location
disapproved by the chief.
Any such appeal shall be filed within fifteen days,
notwithstanding provisions in division (A)(1) of section 1513.13
1509.36 of the Revised Code to the contrary, from the
date the applicant
receives notice of the disapproval of the
application, any other
location within fifty feet of the original
location, or terms or
conditions of the permit, or the owner or
lessee receives notice
of the chief's decision. No approval or
disapproval of an
application shall be delayed by the chief for more than
fifteen
days from the
date
of sending the notice of the application to the
mine owner or lessee
as required by this section.
All appeals provided for in this section shall be treated
as
expedited appeals. The
reclamation
commission shall hear any
such appeal in accordance with section
1513.13 1509.36 of the Revised
Code and
issue
a
decision
within thirty days of the filing of the
notice of appeal.
The chief shall not issue a
permit to drill a new well or
reopen a well that is or is
to be located within three hundred
feet of any opening of any mine used
as a means of ingress,
egress, or ventilation for persons
employed in the mine, nor
within one hundred feet of any
building or
inflammable structure
connected with the mine and
actually used as a part of the
operating equipment of the mine, unless the
chief determines that
life or property
will
not be endangered by drilling and operating
the well in that
location.
Sec. 1513.02. (A) The division of mineral
resources management shall
administer, enforce, and implement this chapter. The chief of
the division of mineral resources
management shall do all of the following:
(1) Adopt, amend, and rescind rules:
(a) To administer and enforce this chapter;
(b) To implement the requirements of this chapter for the
reclamation of lands affected by coal mining, including such
rules governing mining practices and procedures, segregation and
placement of soil and topsoil, backfilling, grading, terracing,
resoiling, soil conditioning and reconditioning, planting,
establishment of drainage patterns, construction of impoundments,
and the construction, maintenance, and disposition of haul roads,
ditches, and dikes, as may be necessary or desirable, under
varying conditions of slope, drainage, physical and chemical
characteristics of soil and overburden, erodability of materials,
season, growth characteristics of plants, and other factors
affecting coal mining and reclamation, to facilitate the return
of the land to a condition required by this chapter; to prevent
pollution or substantial diminution of waters of the state,
substantial erosion, substantial deposition of sediment,
landslides, accumulation and discharge of acid water, and
flooding, both during mining and reclamation and thereafter; to
restore the recharge capacity of the mined area to approximate
premining conditions; and to ensure full compliance with all
requirements of this chapter relating to reclamation, and the
attainment of those objectives in the interest of the public
health, safety, and welfare to which these reclamation
requirements are directed;
(c) To meet the requirements of the "Surface Mining
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.
1201.
(2) Issue orders to enforce this chapter and rules adopted
under it;
(3) Adopt rules for the internal management of the
division that do not affect private rights;
(4) Adopt programs, rules, and procedures designed to
assist the coal operator in this state with the permitting
process and complying with the environmental standards of this
chapter. Upon request of the applicant for a permit, the chief
shall make a determination of the probable hydrologic
consequences required in division (B)(2)(1)(k) of section 1513.07 of
the Revised Code within sixty days after a permit has been
submitted to the division for those applications requesting the
chief to perform the study. The chief shall perform the chemical
analysis of test borings or core samplings for operators who have
a total annual production of coal at all locations that does not
exceed one hundred thousand tons.
(5) Adopt programs, rules, and procedures designed to
ensure that reclamation is performed on operations for which the
performance bond has been forfeited pursuant to section 1513.16
of the Revised Code;
(6) Receive, administer, and expend moneys obtained from
the United States department of the interior and other federal
agencies to implement the state's permanent coal regulatory
program;
(7)(a) Regulate the beneficial use of coal
combustion byproducts at coal mining and reclamation operations
and abandoned mine lands that are regulated under this chapter
and rules adopted under it. The beneficial use of coal
combustion byproducts at such coal mining and reclamation
operations and abandoned mine lands is subject to all applicable
performance standards and requirements established under this
chapter and rules adopted under it, including, without
limitation, standards and requirements established under section
1513.16 of the Revised
Code and rules adopted pursuant
to it.
The beneficial use of coal combustion byproducts that is
authorized at coal mining and reclamation operations and
abandoned mine lands that are regulated under this chapter and
rules adopted under it is not subject to the following
provisions of Chapters 3734.
and 6111. of the Revised
Code and rules adopted under
those provisions:
(i) Permit and license requirements for solid
waste facilities established under sections 3734.02 and 3734.05
of the Revised
Code;
(ii) The prohibition against the open dumping of
solid wastes established in section 3734.03 of the
Revised
Code;
(iii) Solid waste generation and disposal fees
established under sections 3734.57 to 3734.574 of the
Revised
Code;
(iv) Permit to install and plan approval
requirements established under sections 6111.03, 6111.44, and
6111.45 of the Revised
Code.
Nothing in division
(A)(7) of this section shall be
construed to limit any other requirements that are applicable to
the beneficial use of coal combustion byproducts and that are
established under Chapter
3704., 3714., 3734., or 6111. of the
Revised
Code or under local or federal
laws, including, without limitation, requirements governing air
pollution control permits, hazardous waste, national pollutant
discharge elimination system permits, and section 401 water
quality certifications.
(b) As used in division
(A)(7) of this section:
(i) "Coal combustion byproducts" means fly ash,
bottom ash, coal slag, flue gas desulphurization and fluidized
bed combustion byproducts, air or water pollution control
residues from the operation of a coal-fired electric or steam
generation facility, and any material from a clean coal
technology demonstration project or other innovative process at
a coal-fired electric or steam generation facility.
(ii) "Beneficial use" means the use
of coal combustion byproducts in a manner that is not equivalent
to the establishment of a disposal system or a solid waste
disposal facility and that is unlikely to affect human health or
safety or the environment adversely or to degrade the existing
quality of the land, air, or water. "Beneficial use" includes,
without limitation, land application uses for agronomic value;
land reclamation uses; and discrete, controlled uses for
structural fill, pavement aggregate, pipe bedding aggregate,
mine sealing, alternative drainage or capping material, and
pilot demonstration projects.
(iii) "Structural fill" means the discrete,
controlled use of a coal combustion byproduct as a substitute
for a conventional aggregate, raw material, or soil under or
immediately adjacent to a building or structure. "Structural
fill" does not include uses that involve general filling or
grading operations or valley fills.
(iv) "Pavement aggregate" means the discrete,
controlled use of a coal combustion byproduct as a subbase
material or drainage layer under or immediately adjacent to a
paved road or a paved parking lot where the coal combustion
byproduct is a substitute for a conventional aggregate, raw
material, or soil.
(v) "Pipe bedding aggregate" means
the discrete, controlled use of a coal combustion byproduct as a
substitute for a conventional aggregate, raw material, or soil
under, around, or immediately adjacent to a water, sewer, or
other pipeline.
(vi) "Coal-fired electric or steam generation
facility" includes any boiler that is fired with coal or with
coal in combination with petroleum coke, oil, natural gas, or
any other fossil fuel.
(vii) "Solid waste disposal facility" means a
facility for the disposal of solid wastes as provided in
Chapter 3734. of the
Revised
Code and rules adopted under
it.
(viii) "Disposal system" has the same meaning as
in section 6111.01 of the
Revised
Code.
(B) The chief, by rule, may designate as unsuitable for
coal mining natural areas maintained on the registry of natural
areas of the department of natural resources pursuant to
Chapter 1517. of the Revised Code, wild,
scenic, or recreational river
areas designated pursuant to that
chapter, publicly owned or dedicated parks, and other areas of unique and
irreplaceable natural beauty or condition, or areas within
specified distances of a public road, occupied dwelling, public
building, school, church, community, or institutional building,
public park, or cemetery. Such a designation may include land
adjacent to the perimeters of those areas that may be necessary to
protect their integrity.
(C)(1) The adoption, amendment, and rescission of rules
under divisions (A)(1) and (B) of this section are subject to
Chapter 119. of the Revised Code.
(2) The issuance of orders under division (A)(2) of this
section and appeals therefrom are not governed by or subject to
Chapter 119. of the Revised Code, but are governed by this
chapter.
(D)(1) When the chief or an authorized representative of
the chief determines that any condition or practice exists or that any
permittee is in violation of any requirement of this chapter or
any permit condition required by this chapter, which condition,
practice, or violation creates an imminent danger to the health
or safety of the public or is causing, or can reasonably be
expected to cause, significant, imminent environmental harm to
land, air, or water resources, the chief or the authorized
representative immediately shall order the cessation of coal
mining and reclamation operations or the portion thereof relevant
to the condition, practice, or violation. The cessation order
shall remain in effect until the chief or the authorized
representative determines that the condition, practice, or
violation has been abated or until the order is modified,
vacated, or terminated by the chief or the authorized
representative pursuant to division (D)(4) of this section or by
the reclamation environmental review appeals commission pursuant to section
1513.13 of the Revised Code. When the chief or the
authorized representative finds that the ordered cessation
of coal mining
and reclamation operations or any portion thereof will not
completely abate the imminent danger to the health or safety of the
public or the significant, imminent environmental harm to land,
air, or water resources, the chief or the authorized
representative, in addition to the cessation order, shall order
the operator to take whatever steps the chief or the
authorized representative considers necessary to abate the imminent danger
or the significant environmental harm.
(2) When the chief or an authorized representative of
the chief determines that any person is in violation of any requirement of
this chapter or any permit condition required by this chapter,
but the violation does not create an imminent danger to the
health or safety of the public or cannot reasonably be expected
to cause significant, imminent environmental harm to land, air,
or water resources, the chief or the authorized
representative
shall issue a notice of violation to the person or the
person's agent fixing a reasonable time for the abatement of the
violation,
provided that the time afforded a person to abate the violation
shall not exceed the time limitations prescribed by the secretary
of the interior in 30 C.F.R. Part 843 for an approvable state
regulatory program under the "Surface Mining Control and
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201.
If, upon expiration of the period of time as originally
fixed or subsequently extended for good cause shown and upon the
written finding of the chief or the authorized representative, the chief or
the authorized
representative finds that the
violation has not been abated, the chief or the authorized
representative immediately shall order the
cessation of coal mining and reclamation operations or the
portion thereof relevant to the violation. The cessation order
shall remain in effect until the chief or the authorized
representative determines that the violation has been abated or
until the order is modified, vacated, or terminated by the chief
or the authorized representative pursuant to division (D)(4)
of
this section or by the reclamation environmental review appeals commission
pursuant to
section 1513.13 of the Revised Code. In a cessation order issued
under division (D)(2) of this section, the chief
or the authorized
representative
shall prescribe the steps necessary to abate the violation in the
most expeditious manner possible.
(3) When in the judgment of the chief or an authorized
representative of the chief a pattern of violations of any
requirements of
this chapter or any permit conditions required by this chapter
exists or has existed and the violations are caused by the
unwarranted failure of the permittee to comply with any
requirements of this chapter or any permit conditions or are
willfully caused by the permittee, the chief or the
authorized
representative immediately shall issue an order to the permittee
to show cause why the permit should not be suspended or revoked.
If a hearing is requested, the chief shall inform all interested
parties of the time and place of the hearing and conduct the
hearing pursuant to division (D) of section 1513.13 of the
Revised Code. Upon the permittee's failure to show cause
why the permit should not be suspended or revoked, the chief or
the authorized representative immediately shall suspend or
revoke
the permit.
(4) Notices of violation and orders issued pursuant to
this section shall set forth with reasonable specificity the
nature of the violation and the remedial action required, the
period of time established for abatement, and a reasonable
description of the portion of the coal mining and reclamation
operation to which the notice or order applies. Each notice or
order issued under this section shall be given promptly to the
alleged violator or the agent of the alleged violator
by the chief or an authorized
representative of the chief who issues the notice or order. Notices
and orders shall be in writing and shall be signed by the chief or the
authorized representative and may be modified,
vacated, or
terminated by the chief or the authorized representative.
Any notice or order issued pursuant to this section that requires
cessation of mining by the operator shall expire within thirty
days after actual notice to the operator unless a public hearing
pursuant to section 1513.13 of the Revised Code is held at the
site or within such reasonable proximity to the site that any
viewings of the site can be conducted during the course of the public
hearing.
(E)(1) A person who violates a permit condition or any
other provision of this chapter may be assessed a civil penalty
by the chief, except that if the violation leads to the issuance
of a cessation order under division (D) of this section, the
civil penalty shall be assessed for each day until the person
initiates the necessary corrective steps. The penalty shall not
exceed five thousand dollars for each violation. Each day of
continuing violation may be deemed a separate violation for
purposes of penalty assessments. In determining the amount of
the penalty, consideration shall be given to the person's history
of previous violation at the particular coal mining operation;
the seriousness of the violation, including any irreparable harm
to the environment and any hazard to the health or safety of the
public; whether the person was negligent; and the demonstrated
diligence of the person charged in attempting to achieve rapid
compliance after notification of the violation.
(2) A civil penalty shall be assessed by the chief only
after the person charged with a violation under division
(E)(1)
of this section has been given an opportunity for a public
hearing. If a person charged with such a violation fails to
avail oneself of the opportunity for a public hearing, a
civil penalty shall be assessed by the chief after the chief has
determined that a violation did occur, and the amount of the
penalty that is warranted, and has issued an order
requiring
that the penalty be paid.
(3) Upon the issuance of a notice or order charging that a
violation of this chapter has occurred, the chief shall inform
the operator within thirty days of the proposed amount of the
penalty and provide opportunity for an adjudicatory hearing
pursuant to section 1513.13 of the Revised Code. The person
charged with the penalty then shall have thirty days to pay the
proposed penalty in full or, if the person wishes to contest
either the amount of the penalty or the fact of the violation,
file a petition for review of the proposed assessment with the
secretary of the reclamation environmental review appeals commission pursuant
to section
1513.13 of the Revised Code. If, after the hearing, the
commission
affirms or modifies the proposed amount of the penalty, the
person charged with the penalty then shall have thirty days after
receipt of the written decision to pay the amount in full or
file an appeal with the court of appeals in accordance with
section 1513.14 of the Revised Code. At the time the petition
for review of the proposed assessment is filed with the
secretary, the person shall forward the amount of the penalty to
the secretary for placement in the reclamation penalty fund,
which is hereby created. The fund shall be in the custody of the
treasurer of state, but shall not be a part of the state treasury.
Pursuant to administrative or judicial review of the penalty, the secretary,
within thirty days, shall remit the appropriate amount of the penalty to the
person, with interest, if it
is determined that no violation occurred or that the amount of
the penalty should be reduced, and the secretary shall forward the
balance of the
penalty or, if the penalty was not reduced, the entire amount of the penalty,
with interest, to the chief for deposit in the coal mining administration and
reclamation reserve fund created in section 1513.181 of the Revised
Code. Failure to forward the money to the secretary within thirty days
after the chief informs the operator of the proposed amount of
the penalty shall result in a waiver of all legal rights to
contest the violation or the amount of the penalty. Within
fifteen days after being informed of the penalty, the person
charged with the penalty may request in writing an informal
assessment conference to review the amount of the penalty. The
conference shall be presided over by the chief or an
individual appointed by the chief other than the inspector that issued
the notice
of violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal
conferences. Time allowed for payment of the penalty or appeal
to the commission shall be tolled while the penalty is
being reviewed
in an informal conference.
(4) An operator who fails to correct a violation for which
a notice of violation or order has been issued under division (D)
of this section within the period permitted for its correction
shall be assessed a civil penalty of not less than seven hundred
fifty dollars for each day during which the failure or violation
continues. However, a civil penalty shall not be assessed under
division (E)(4) of this section if the commission
orders the suspension of
the abatement
requirement after determining, based upon the findings of an
expedited hearing held under section 1513.13 of the Revised Code
at the request of the operator, that the operator will suffer
irreparable loss or damage from the application of the abatement
requirement or if the court orders suspension of the abatement
requirement pursuant to review proceedings held under section
1513.14 of the Revised Code at the request of the operator.
(F) The chief may enter into a cooperative agreement with
the secretary of the interior to provide for state regulation of
coal mining and reclamation operations on federal lands within
the state.
(G) The chief may prohibit augering if necessary to
maximize the utilization, recoverability, or conservation of the
solid fuel resources or to protect against adverse water quality
impacts.
(H) The chief shall transmit copies of all schedules
submitted under section 1513.07 of the Revised Code pertaining to
violations of air or water quality laws and rules adopted and
orders issued under those laws in connection with
coal mining
operations to the director of environmental protection for
verification.
(I) For the purposes of sections 1513.18, 1513.24,
1513.37, and 1514.06 of the Revised Code, the chief triennially shall
determine the average wage rate for companies performing
reclamation work for the division under those sections by
averaging the wage rate paid by all companies performing such
reclamation work during the three years immediately preceding
the
determination. However, in making the initial determination
under this division, the chief shall average the wage rate paid
by all companies performing such reclamation work during the ten
years immediately preceding October 29, 1995.
Sec. 1513.07. (A)(1) No operator shall conduct a coal
mining operation without a permit for the operation issued by
the chief of the division of mineral resources management.
(2) All permits issued pursuant to this chapter shall be
issued for a term not to exceed five years, except that, if the
applicant demonstrates that a specified longer term is reasonably
needed to allow the applicant to obtain necessary financing for
equipment and the opening of the operation, and if the application
is full and complete for the specified longer term, the chief may
grant a permit for the longer term. A successor in interest to a
permittee who applies for a new permit within thirty days after
succeeding to the interest and who is able to obtain the bond
coverage of the original permittee may continue coal mining and
reclamation operations according to the approved mining and
reclamation plan of the original permittee until the successor's
application is granted or denied.
(3) A permit shall terminate if the permittee has not
commenced the coal mining operations covered by the permit within
three years after the issuance of the permit, except that the
chief may grant reasonable extensions of the time upon a showing
that the extensions are necessary by reason of litigation
precluding the commencement or threatening substantial economic
loss to the permittee, or by reason of conditions beyond the
control and without the fault or negligence of the permittee, and
except that with respect to coal to be mined for use in a
synthetic fuel facility or specified major electric generating
facility, the permittee shall be deemed to have commenced coal
mining operations at the time construction of the synthetic fuel
or generating facility is initiated.
(4)(a) Any permit issued pursuant to this chapter shall
carry with it the right of successive renewal upon expiration
with respect to areas within the boundaries of the permit. The
holders of the permit may apply for renewal and the renewal shall
be issued, unless the chief determines by written findings,
subsequent to fulfillment of the public notice requirements of
this section and section 1513.071 of the Revised Code through
demonstrations by opponents of renewal or otherwise, that one or
more of the following circumstances exists:
(i) The terms and conditions of the existing permit are
not being satisfactorily met;.
(ii) The present coal mining and reclamation operation is
not in compliance with the environmental protection standards of
this chapter;.
(iii) The renewal requested substantially jeopardizes the
operator's continuing responsibilities on existing permit areas;.
(iv) The applicant has not provided evidence that the
performance bond in effect for the operation will continue in
effect for any renewal requested in the application;.
(v) Any additional, revised, or updated information
required by the chief has not been provided. Prior to the
approval of any renewal of a permit, the chief shall provide
notice to the appropriate public authorities as prescribed by
rule of the chief.
(b) If an application for renewal of a valid permit
includes a proposal to extend the mining operation beyond the
boundaries authorized in the existing permit, the portion of the
application for renewal of a valid permit that addresses any new
land areas shall be subject to the full standards applicable to
new applications under this chapter.
(c) A permit renewal shall be for a term not to exceed the
period of the original permit established by this chapter.
Application for permit renewal shall be made at least one hundred
twenty days prior to the expiration of the valid permit.
(5) A permit issued pursuant to this chapter does not
eliminate the requirements for obtaining a permit to install or
modify a disposal system or any part thereof or to discharge
sewage, industrial waste, or other wastes into the waters of the
state in accordance with Chapter 6111. of the Revised Code.
(B)(1) Each application for a coal mining and reclamation
permit or renewal of such a permit shall be accompanied by a
permit or renewal fee in an amount equal to the product of
seventy-five dollars multiplied by the number of acres, estimated
in the application, that will comprise the area of land to be
affected within the permit or renewal period by the coal mining
operation for which the permit or renewal is requested.
(2) The permit application shall be submitted in a manner
satisfactory to the chief and shall contain, among other things, all of the
following:
(a) The names and addresses of all of the following:
(i) The permit applicant;
(ii) Every legal owner of record of the property, surface
and mineral, to be mined;
(iii) The holders of record of any leasehold interest in
the property;
(iv) Any purchaser of record of the property under a real
estate contract;
(v) The operator if different from the applicant;
(vi) If any of these are business entities other than a
single proprietor, the names and addresses of the principals,
officers, and statutory agent for service of process.
(b) The names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area;
(c) A statement of any current or previous coal mining
permits in the United States held by the applicant, the permit
identification, and any pending applications;
(d) If the applicant is a partnership, corporation,
association, or other business entity, the following where
applicable: the names and addresses of every officer, partner,
director, or person performing a function similar to a director,
of the applicant, the name and address of any person owning, of
record, ten per cent or more of any class of voting stock of the
applicant, a list of all names under which the applicant,
partner, or principal shareholder previously operated a coal
mining operation within the United States within the five-year
period preceding the date of submission of the application, and a
list of the person or persons primarily responsible for ensuring
that the applicant complies with the requirements of this chapter
and rules adopted pursuant thereto while mining and reclaiming
under the permit;
(e) A statement of whether the applicant, any subsidiary,
affiliate, or persons controlled by or under common control with
the applicant, any partner if the applicant is a partnership, any
officer, principal shareholder, or director if the applicant is a
corporation, or any other person who has a right to control or in
fact controls the management of the applicant or the selection of
officers, directors, or managers of the applicant:
(i) Has ever held a federal or state coal mining permit
that in the five-year period prior to the date of submission of
the application has been suspended or revoked or has had a coal
mining bond or similar security deposited in lieu of bond
forfeited and, if so, a brief explanation of the facts involved;
(ii) Has been an officer, partner, director, principal
shareholder, or person having the right to control or has in fact
controlled the management of or the selection of officers,
directors, or managers of a business entity that has had a coal
mining or surface mining permit that in the five-year period
prior to the date of submission of the application has been
suspended or revoked or has had a coal mining or surface mining
bond or similar security deposited in lieu of bond forfeited and,
if so, a brief explanation of the facts involved.
(f) A copy of the applicant's advertisement to be
published in a newspaper of general circulation in the locality
of the proposed site at least once a week for four successive
weeks, which shall include the ownership of the proposed mine, a
description of the exact location and boundaries of the proposed
site sufficient to make the proposed operation readily
identifiable by local residents, and the location where the
application is available for public inspection;
(g) A description of the type and method of coal mining
operation that exists or is proposed, the engineering techniques
proposed or used, and the equipment used or proposed to be used;
(h) The anticipated or actual starting and termination
dates of each phase of the mining operation and number of acres
of land to be affected;
(i) An accurate map or plan, to an appropriate scale,
clearly showing the land to be affected and the land upon which the applicant
has the legal right to enter and commence coal mining
operations, copies of those documents upon which is based the applicant's
legal right to enter and
commence coal mining
operations, and a statement whether that right is the subject of
pending litigation. This chapter does not authorize the chief to
adjudicate property title disputes.
(j) The name of the watershed and location of the surface
stream or tributary into which drainage from the operation will
be discharged;
(k) A determination of the probable hydrologic
consequences of the mining and reclamation operations, both on
and off the mine site, with respect to the hydrologic regime,
providing information on the quantity and quality of water in
surface and ground water systems including the dissolved and
suspended solids under seasonal flow conditions and the
collection of sufficient data for the mine site and surrounding
areas so that an assessment can be made by the chief of the
probable cumulative impacts of all anticipated mining in the area
upon the hydrology of the area and particularly upon water
availability, but this determination shall not be required until
hydrologic information of the general area prior to mining is
made available from an appropriate federal or state agency;
however, the permit shall not be approved until the information
is available and is incorporated into the application;
(l) When requested by the chief, the climatological
factors that are peculiar to the locality of the land to be
affected, including the average seasonal precipitation, the
average direction and velocity of prevailing winds, and the
seasonal temperature ranges;
(m) Accurate maps prepared by or under the direction of
and certified by a qualified registered professional engineer,
registered surveyor, or licensed landscape architect to an
appropriate scale clearly showing all types of information set
forth on topographical maps of the United States geological
survey of a scale of not more than four hundred feet to the inch,
including all artificial features and significant known
archeological sites. The map, among other things specified
by the chief, shall show all boundaries of the land to be affected, the
boundary lines and names of present owners of record of all
surface areas abutting the permit area, and the location of all
buildings within one thousand feet of the permit area.
(n)(i) Cross-section maps or plans of the land to be
affected including the actual area to be mined, prepared by or
under the direction of and certified by a qualified registered
professional engineer or certified professional geologist with
assistance from experts in related fields such as hydrology,
hydrogeology, geology, and landscape architecture, showing
pertinent elevations and locations of test borings or core
samplings and depicting the following information: the nature
and depth of the various strata of overburden; the nature and
thickness of any coal or rider seam above the coal seam to be
mined; the nature of the stratum immediately beneath the coal
seam to be mined; all mineral crop lines and the strike and dip
of the coal to be mined within the area to be affected; existing
or previous coal mining limits; the location and extent of known
workings of any underground mines, including mine openings to the
surface; the location of spoil, waste, or refuse areas and
topsoil preservation areas; the location of all impoundments for
waste or erosion control; any settling or water treatment
facility; constructed or natural drainways and the location of
any discharges to any surface body of water on the land to be
affected or adjacent thereto; profiles at appropriate cross
sections of the anticipated final surface configuration that will
be achieved pursuant to the operator's proposed reclamation plan;
the location of subsurface water, if encountered; the location
and quality of aquifers; and the estimated elevation of the water
table. Registered surveyors shall be allowed to perform all
plans, maps, and certifications under this chapter as they are
authorized under Chapter 4733. of the Revised Code.
(ii) A statement of the quality and locations of
subsurface water. The chief shall provide by rule the number of
locations to be sampled, frequency of collection, and parameters
to be analyzed to obtain the statement required.
(o) A statement of the results of test borings or core
samplings from the permit area, including logs of the drill
holes, the thickness of the coal seam found, an analysis of the
chemical properties of the coal, the sulfur content of any coal
seam, chemical analysis of potentially acid or toxic forming
sections of the overburden, and chemical analysis of the stratum
lying immediately underneath the coal to be mined, except that
this division may be waived by the chief with respect to the
specific application by a written determination that its
requirements are unnecessary;
(p) For those lands in the permit application that a
reconnaissance inspection suggests may be prime farmlands, a soil
survey shall be made or obtained according to standards
established by the secretary of the United States department of
agriculture in order to confirm the exact location of the prime
farmlands, if any;
(q) A certificate issued by an insurance company
authorized to do business in this state certifying that the
applicant has a public liability insurance policy in force for
the coal mining and reclamation operations for which the permit
is sought or evidence that the applicant has satisfied other
state self-insurance requirements. The policy shall provide for
personal injury and property damage protection in an amount
adequate to compensate any persons damaged as a result of coal
mining and reclamation operations, including the use of
explosives, and entitled to compensation under the applicable
provisions of state law. The policy shall be maintained in
effect during the term of the permit or any renewal, including
the length of all reclamation operations. The insurance company
shall give prompt notice to the permittee and the chief if the public
liability insurance policy lapses for any reason, including the
nonpayment of insurance premiums. Upon the lapse of the policy,
the chief may suspend the permit and all other outstanding
permits until proper insurance coverage is obtained.
(r) The business telephone number of the applicant;
(s) If the applicant seeks an authorization under division
(E)(7) of this section to conduct coal mining and reclamation
operations on areas to be covered by the permit that were
affected by coal mining operations before August 3, 1977, that
have resulted in continuing water pollution from or on the
previously mined areas, such additional information pertaining to
those previously mined areas as may be required by the chief,
including, without limitation, maps, plans, cross sections, data
necessary to determine existing water quality from or on those
areas with respect to pH, iron, and manganese, and a pollution
abatement plan that may improve water quality from or on those
areas with respect to pH, iron, and manganese.
(3)(2) Information pertaining to coal seams, test borings,
core samplings, or soil samples as required by this section shall
be made available by the chief to any person with an interest
that is or may be adversely affected, except that information
that pertains only to the analysis of the chemical and physical
properties of the coal, excluding information regarding mineral
or elemental content that is potentially toxic in the
environment, shall be kept confidential and not made a matter of
public record.
(4)(3)(a) If the chief finds that the probable total annual
production at all locations of any operator will not exceed three
hundred thousand tons, the
following activities, upon the
written request of the operator in connection with a permit application, shall
be performed by a qualified
public or private laboratory or another public or private qualified entity
designated by the chief, and the cost of the activities shall be assumed by
the chief, provided that sufficient moneys for such assistance are available:
(i) The determination of probable hydrologic consequences required under
division (B)(2)(1)(k) of this section;
(ii) The development of cross-section maps and plans required under division
(B)(2)(1)(n)(i) of this section;
(iii) The geologic drilling and statement of results of test borings and core
samplings required under division (B)(2)(1)(o) of this section;
(iv) The collection of archaeological information required under division
(B)(2)(1)(m) of this section and any other archaeological and historical
information required by the chief, and the preparation of plans necessitated
thereby;
(v) Pre-blast surveys required under division (E) of section 1513.161 of the
Revised Code;
(vi) The collection of site-specific resource information and production of
protection and enhancement plans for fish and wildlife habitats and other
environmental values required by the chief under this chapter.
(b) A coal operator that has received assistance under division (B)(4)(3)(a) of
this section shall reimburse the chief for the cost of the services rendered,
if the chief finds that the operator's actual and attributed annual production
of coal for all locations exceeds three hundred thousand tons during the
twelve months immediately following the date on which the operator was issued
a coal mining and reclamation permit.
(5)(4) Each applicant for a permit shall submit to the chief
as part of the permit application a reclamation plan that meets
the requirements of this chapter.
(6)(5) Each applicant for a coal mining and reclamation
permit shall file a copy of the application for a permit,
excluding that information pertaining to the coal seam itself,
for public inspection with the county recorder or an appropriate
public office approved by the chief in the county where the
mining is proposed to occur.
(7)(6) Each applicant for a coal mining and reclamation
permit shall submit to the chief as part of the permit
application a blasting plan that describes the procedures and
standards by which the operator will comply
with section 1513.161 of the Revised Code.
(C) Each reclamation plan submitted as part of a permit
application shall include, in the detail necessary to demonstrate
that reclamation required by this chapter can be accomplished, a
statement of:
(1) The identification of the lands subject to coal mining
operations over the estimated life of those operations and the
size, sequence, and timing of the subareas for which it is
anticipated that individual permits for mining will be sought;
(2) The condition of the land to be covered by the permit
prior to any mining, including all of the following:
(a) The uses existing at the time of the application and,
if the land has a history of previous mining, the uses that
preceded any mining;
(b) The capability of the land prior to any mining to
support a variety of uses, giving consideration to soil and
foundation characteristics, topography, and vegetative cover and,
if applicable, a soil survey prepared pursuant to division
(B)(2)(1)(p) of this section;
(c) The productivity of the land prior to mining,
including appropriate classification as prime farmlands as well
as the average yield of food, fiber, forage, or wood products
obtained from the land under high levels of management.
(3) The use that is proposed to be made of the land
following reclamation, including information regarding the
utility and capacity of the reclaimed land to support a variety
of alternative uses, the relationship of the proposed use to
existing land use policies and plans, and the comments of any
owner of the land and state and local governments or agencies
thereof that would have to initiate, implement, approve, or
authorize the proposed use of the land following reclamation;
(4) A detailed description of how the proposed postmining
land use is to be achieved and the necessary support activities
that may be needed to achieve the proposed land use;
(5) The engineering techniques proposed to be used in
mining and reclamation and a description of the major equipment;
a plan for the control of surface water drainage and of water
accumulation; a plan, where appropriate, for backfilling, soil
stabilization, and compacting, grading, and appropriate
revegetation; a plan for soil reconstruction, replacement, and
stabilization, pursuant to the performance standards in section
1513.16 of the Revised Code, for those food, forage, and forest
lands identified in that section; and an
estimate of the cost per acre of the reclamation, including a
statement as to how the permittee plans to comply with each of
the requirements set out in section 1513.16 of the Revised Code;
(6) A description of the means by which the utilization
and conservation of the solid fuel resource being recovered will
be maximized so that reaffecting the land in the future can be
minimized;
(7) A detailed estimated timetable for the accomplishment
of each major step in the reclamation plan;
(8) A description of the degree to which the coal mining
and reclamation operations are consistent with surface owner
plans and applicable state and local land use plans and programs;
(9) The steps to be taken to comply with applicable air
and water quality laws and regulations and any applicable health
and safety standards;
(10) A description of the degree to which the reclamation
plan is consistent with local physical, environmental, and
climatological conditions;
(11) A description of all lands, interests in lands, or
options on such interests held by the applicant or pending bids
on interests in lands by the applicant, which lands are
contiguous to the area to be covered by the permit;
(12) The results of test borings that the applicant has
made at the area to be covered by the permit, or other equivalent
information and data in a form satisfactory to the chief,
including the location of subsurface water, and an analysis of
the chemical properties, including acid forming properties of the
mineral and overburden; except that information that pertains
only to the analysis of the chemical and physical properties of
the coal, excluding information regarding mineral or elemental
contents that are potentially toxic in the environment, shall be
kept confidential and not made a matter of public record;
(13) A detailed description of the measures to be taken
during the mining and reclamation process to ensure the
protection of all of the following:
(a) The quality of surface and ground water systems, both
on- and off-site, from adverse effects of the mining and
reclamation process;
(b) The rights of present users to such water;
(c) The quantity of surface and ground water systems, both
on- and off-site, from adverse effects of the mining and
reclamation process or, where such protection of quantity cannot
be assured, provision of alternative sources of water.
(14) Any other requirements the chief prescribes by rule.
(D)(1) Any information required by division (C) of this
section that is not on public file pursuant to this chapter shall
be held in confidence by the chief.
(2) With regard to requests for an exemption from the requirements of this
chapter for coal extraction incidental to the extraction of other minerals, as
described in division (H)(1)(a) of section 1513.01 of the Revised Code,
confidential information includes and is limited to information concerning
trade secrets or privileged commercial or financial information relating to
the competitive rights of the persons intending to conduct the extraction of
minerals.
(E)(1) Upon the basis of a complete mining application and
reclamation plan or a revision or renewal thereof, as required by
this chapter, and information obtained as a result of public
notification and public hearing, if any, as provided by section
1513.071 of the Revised Code, the chief shall grant, require
modification of, or deny the application for a permit in a
reasonable time set by the chief and notify the applicant in
writing. The applicant for a permit or revision of a permit has
the burden of establishing that the application is in
compliance
with all the requirements of this chapter. Within ten days after
the granting of a permit, the chief shall notify the boards of
township trustees and county commissioners, the mayor, and the
legislative authority in the township, county, and municipal
corporation in which the area of land to be affected is located
that a permit has been issued and shall describe the location of
the land. However, failure of the chief to notify the local
officials shall not affect the status of the permit.
(2) No permit application or application for revision of
an existing permit shall be approved unless the application
affirmatively demonstrates and the chief finds in writing on the
basis of the information set forth in the application or from
information otherwise available, which shall be documented
in the
approval and made available to the applicant, all of the
following:
(a) The application is accurate and complete and all
the requirements of this chapter have been complied with.
(b) The applicant has demonstrated that the reclamation
required by this chapter can be accomplished under the
reclamation plan contained in the application.
(c)(i) Assessment of the probable cumulative impact of all
anticipated mining in the general and adjacent area on the
hydrologic balance specified in division (B)(2)(1)(k) of this
section has been made by the chief, and the proposed operation
has been designed to prevent material damage to hydrologic
balance outside the permit area.
(ii) There shall be an ongoing process conducted by the
chief in cooperation with other state and federal agencies to
review all assessments of probable cumulative impact of coal
mining in light of post-mining data and any other hydrologic
information as it becomes available to determine if the
assessments were realistic. The chief shall take appropriate
action as indicated in the review process.
(d) The area proposed to be mined is not included within
an area designated unsuitable for coal mining pursuant to section
1513.073 of the Revised Code or is not within an area under study
for such designation in an administrative proceeding commenced
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the
Revised Code, unless in an area as to which an administrative
proceeding has commenced pursuant to division (A)(3)(c) or (B) of
section 1513.073 of the Revised Code, the operator making the
permit application demonstrates that, prior to January 1, 1977,
the operator made substantial legal and financial commitments
in relation
to the operation for which a permit is
sought.
(e) In cases where the private mineral estate has been
severed from the private surface estate, the applicant has
submitted to the chief one of the following:
(i) The written consent of the surface owner to the
extraction of coal by strip mining methods;
(ii) A conveyance that expressly grants or reserves the
right to extract the coal by strip mining methods;
(iii) If the conveyance does not expressly grant the right
to extract coal by strip mining methods, the surface-subsurface
legal relationship shall be determined under the law of this
state. This chapter does not authorize the chief to adjudicate
property rights disputes.
(3)(a) The applicant shall file with the permit application
a schedule listing all notices of violations of any law, rule, or
regulation of the United States or of any department or agency
thereof or of any state pertaining to air or water environmental
protection incurred by the applicant in connection with any coal
mining operation during the three-year period prior to the date
of application. The schedule also shall indicate the final
resolution of such a notice of violation. Upon receipt of an
application, the chief shall provide a schedule listing all
notices of violations of this chapter pertaining to air or water
environmental protection incurred by the applicant during the
three-year period prior to receipt of the application and the
final resolution of all such notices of violation. The chief
shall provide this schedule to the applicant for filing by the
applicant with the application filed for public review, as
required by division (B)(6)(5) of this section. When the schedule
or other information available to the chief indicates that any
coal mining operation owned or controlled by the applicant is
currently in violation of such laws, the permit shall not be
issued until the applicant submits proof that the violation has
been corrected or is in the process of being corrected to the
satisfaction of the regulatory authority, department, or agency
that has jurisdiction over the violation and that any civil
penalties owed to the state for a violation and not the subject
of an appeal have been paid. No permit shall be issued to an
applicant after a finding by the chief that the applicant or the
operator specified in the application controls or has controlled
mining operations with a demonstrated pattern of willful
violations of this chapter of a nature and duration to result in
irreparable damage to the environment as to indicate an intent
not to comply with or a disregard of this chapter.
(b) For the purposes of division
(E)(3)(a) of this
section, any violation resulting from an unanticipated event or condition at a
surface coal mining operation on lands eligible for remining under a permit
held by the person submitting an application for a coal mining permit under
this section shall not prevent issuance of that permit. As used in this
division, "unanticipated event or condition" means an event or condition
encountered in a remining operation that was not contemplated by the
applicable surface coal mining and reclamation permit.
(4)(a) In addition to finding the application in
compliance with division (E)(2) of this section, if the area
proposed to be mined contains prime farmland as determined
pursuant to division (B)(2)(1)(p) of this section, the chief,
after consultation with the secretary of the United States
department of agriculture and pursuant to regulations issued by
the secretary of the interior with the concurrence of the
secretary of agriculture, may grant a permit to mine on prime
farmland if the chief finds in writing that the operator has the
technological capability to restore the mined area, within a
reasonable time, to equivalent or higher levels of yield as
nonmined prime farmland in the surrounding area under equivalent
levels of management and can meet the soil reconstruction
standards in section 1513.16 of the Revised Code.
(b) Division (E)(4)(a) of this section does not apply to a
permit issued prior to August 3, 1977, or revisions or renewals
thereof.
(5) The chief shall issue an order denying a permit after finding that
the applicant has misrepresented or
omitted any
material fact in the application for the permit.
(6) The chief may issue an order denying a permit after finding that the
applicant, any partner, if the
applicant is a
partnership, any officer, principal shareholder, or director, if
the applicant is a corporation, or any other person who has a
right to control or in fact controls the management of the
applicant or the selection of officers, directors, or managers of
the applicant has been a sole proprietor or partner, officer,
director, principal shareholder, or person having the right to
control or has in fact controlled the management of or the
selection of officers, directors, or managers of a business
entity that ever has had a coal mining license or permit issued
by this or any other state or the United States suspended or
revoked, ever has forfeited a coal or surface mining bond or
security deposited in lieu of bond in this or any other state or
with the United States, or ever has substantially or materially
failed to comply with this chapter.
(7) When issuing a permit under this section, the chief
may authorize an applicant to conduct coal mining and reclamation
operations on areas to be covered by the permit that were
affected by coal mining operations before August 3, 1977, that
have resulted in continuing water pollution from or on the
previously mined areas for the purpose of potentially reducing
the pollution loadings of pH, iron, and manganese from discharges
from or on the previously mined areas. Following the chief's
authorization to conduct such operations on those areas, the
areas shall be designated as pollution abatement areas for the
purposes of this chapter.
The chief shall not grant an authorization under division
(E)(7) of this section to conduct coal mining and reclamation
operations on any such previously mined areas unless the
applicant demonstrates to the chief's satisfaction that all of
the following conditions are met:
(a) The applicant's pollution abatement plan for mining
and reclaiming the previously mined areas represents the best
available technology economically achievable;.
(b) Implementation of the plan will potentially reduce
pollutant loadings of pH, iron, and manganese resulting from
discharges of surface waters or ground water from or on the
previously mined areas within the permit area;.
(c) Implementation of the plan will not cause any
additional degradation of surface water quality off the permit
area with respect to pH, iron, and manganese;.
(d) Implementation of the plan will not cause any
additional degradation of ground water;.
(e) The plan meets the requirements governing mining and
reclamation of such previously mined pollution abatement areas
established by the chief in rules adopted under section 1513.02
of the Revised Code;.
(f) Neither the applicant; any partner, if the applicant
is a partnership; any officer, principal shareholder, or
director, if the applicant is a corporation; any other person who
has a right to control or in fact controls the management of the
applicant or the selection of officers, directors, or managers of
the applicant; nor any contractor or subcontractor of the
applicant, has any of the following:
(i) Responsibility or liability under this chapter or
rules adopted under it as an operator for treating the discharges
of water pollutants from or on the previously mined areas for
which the authorization is sought;
(ii) Any responsibility or liability under this chapter or
rules adopted under it for reclaiming the previously mined areas
for which the authorization is sought;
(iii) During the eighteen months prior to submitting the
permit application requesting an authorization under division
(E)(7) of this section, had a coal mining and reclamation permit
suspended or revoked under division (D)(3) of section 1513.02 of
the Revised Code for violating this chapter or Chapter 6111. of
the Revised Code or rules adopted under them with respect to
water quality, effluent limitations, or surface or ground water
monitoring;
(iv) Ever forfeited a coal or surface mining bond or
security deposited in lieu of a bond in this or any other state
or with the United States.
(F)(1) During the term of the permit, the permittee may
submit an application for a revision of the permit, together with
a revised reclamation plan, to the chief.
(2) An application for a revision of a permit shall not be
approved, unless the chief finds that reclamation required by this
chapter can be accomplished under the revised reclamation plan.
The revision shall be approved or disapproved within ninety days
after receipt of a complete revision application. The chief
shall establish, by rule, criteria for determining the extent to
which all permit application information requirements and
procedures, including notice and hearings, shall apply to the
revision request, except that any revisions that propose
significant alterations in the reclamation plan, at a
minimum, shall be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit
except incidental boundary revisions shall be made by application
for a permit.
(G) No transfer, assignment, or sale of the rights granted
under a permit issued pursuant to this chapter shall be made
without the written approval of the chief.
(H) The chief, within a time limit prescribed in the chief's rules, shall
review outstanding permits and may
require reasonable revision or modification of a permit. A
revision or modification shall be based upon a written finding
and subject to notice and hearing requirements established by
rule of the chief.
(I)(1) If an informal conference has been held pursuant to
section 1513.071 of the Revised Code, the chief shall issue and
furnish the applicant for a permit, persons who participated in
the informal conference, and persons who filed written objections
pursuant to division (B) of section 1513.071 of the Revised Code,
with the written finding of the chief granting or denying the
permit in whole or in part and stating the reasons therefor
within sixty days of the conference.
(2) If there has been no informal conference held pursuant
to section 1513.071 of the Revised Code, the chief shall notify
the applicant for a permit within a reasonable time as provided
by rule of the chief, taking into account the time needed for
proper investigation of the site, the complexity of the permit
application, whether or not a written objection to the
application has been filed, and whether the application has been
approved or disapproved in whole or in part.
(3) If the application is approved, the permit shall be
issued. If the application is disapproved, specific reasons
therefor shall be set forth in the notification. Within thirty
days after the applicant is notified of the final decision of the
chief on the permit application, the applicant or any person with
an interest that is or may be adversely affected may appeal the
decision to the reclamation environmental review appeals commission pursuant
to section
1513.13 of the Revised Code.
(4) Any applicant or any person with an interest that is
or may be adversely affected who has participated in the
administrative proceedings as an objector and is aggrieved by the
decision of the reclamation environmental review appeals commission, or if
the commission
fails to act within the time limits specified in this chapter,
may appeal in accordance with section 1513.14 of the Revised Code.
Sec. 1513.13. (A)(1)
Any
person having an
interest that
is or may be adversely affected by a notice of
violation, order,
or decision of the chief
of the division of
mineral resources
management,
other than a
decision made under section 1509.06 or 1509.08 of the Revised Code or a show cause order or an
order that adopts
a rule, or by any
modification, vacation, or
termination of such a
notice, order,
or decision, may appeal by
filing a notice of
appeal with the
reclamation environmental review appeals commission created in section 3745.02 of the Revised Code for
review of the notice,
order, or
decision within thirty days after
the notice, order, or
decision
is served upon the person or within
thirty days after its
modification, vacation, or termination and
by filing a copy of
the
notice of appeal with the chief within
three days after
filing the
notice of appeal with the commission.
The
notice of appeal
shall
contain a copy of the notice of
violation, order, or
decision
complained of and the grounds upon
which the appeal is
based. The
commission has exclusive original
jurisdiction
to hear and
decide
such appeals. The filing of a
notice of appeal under
division
(A)(1) of this section does not
operate as a stay of
any order,
notice of
violation, or decision
of the chief.
(2) The permittee, the chief, and other interested persons
shall be given written notice of the time and place of the
hearing
at least five days prior thereto. The hearing shall be
of record.
(3) Any person authorized under this section to appeal to
the commission may request an informal review by the chief
or the
chief's designee by filing a written request with the chief within
thirty
days after a notice, order, decision, modification,
vacation, or termination
is served upon the person. Filing of the
written request shall toll the time
for appeal before the
commission, but shall not operate as
a stay of any order,
notice
of violation, or decision of the chief. The chief's determination
of
an informal review is appealable to the commission under
this
section.
(B) The commission shall affirm the notice of violation,
order, or decision of the chief unless the commission
determines
that
it is arbitrary, capricious, or otherwise inconsistent with
law;
in that case the commission may modify the notice of
violation,
order, or decision or vacate it and remand it to the
chief for
further proceedings that the commission may
direct.
The commission shall conduct hearings and render decisions
in
a timely fashion, except that all of the following apply:
(1) When the appeal concerns an order for the cessation of
coal mining and reclamation operations issued pursuant to
division
(D)(1) or (2) of section 1513.02 of the Revised Code,
the
commission shall issue its written decision within
thirty days
after the receipt of the appeal unless temporary relief has been
granted by the chairperson pursuant to division (C) of
this
section.
(2) When the appeal concerns an application for a permit
under division (I) of section 1513.07 of the Revised Code, the
commission shall hold a hearing within thirty days after
receipt
of
the notice of appeal and issue its decision within thirty days
after the hearing.
(3) When the appeal concerns a decision of the chief
regarding release of bond under division (F) of section 1513.16
of
the Revised Code, the commission shall hold a hearing
within
thirty
days after receipt of the notice of appeal and issue its
decision
within sixty days after the hearing.
(4) When the appeal concerns a decision of the chief
regarding the location of a well in a coal bearing township under
section 1509.08 of the Revised Code, the commission shall hold a
hearing and issue its decision within thirty days after receipt of
the notice of appeal.
(C) The chairperson of the
commission, under conditions
the
chairperson prescribes, may grant temporary relief
the chairperson
considers appropriate
pending final determination of an appeal if
all of the following
conditions are met:
(1) All parties to the appeal have been notified and given
an opportunity for a hearing to be held in the locality of the
subject site on the request for temporary relief and the
opportunity to be heard on the request.
(2) The person requesting relief shows that there is a
substantial likelihood that the person will prevail on the
merits.
(3) The relief will not adversely affect public health or
safety or cause significant imminent environmental harm to land,
air, or water resources.
The chairperson shall issue a decision expeditiously,
except
that when the applicant requests relief from an order for the
cessation of coal mining and reclamation operations issued
pursuant to division (D)(1) or (2) of section 1513.02 of the
Revised Code, the decision shall be issued within five days after
its receipt.
Any party to an appeal filed with the commission who is
aggrieved or adversely
affected by a decision of the chairperson
to grant or
deny temporary relief under this section may appeal
that decision to the
commission. The commission may
confine its
review to the record developed at the
hearing before the
chairperson.
The appeal shall be filed with the commission within
thirty
days
after the chairperson issues the
decision on the request for
temporary relief. The
commission shall issue a
decision as
expeditiously as possible, except that when the
appellant requests
relief from an order for the cessation of coal
mining and
reclamation operations issued pursuant to division
(D)(1) or (2)
of section 1513.02 of the Revised Code, the
decision of the
commission shall be issued within five
days after
receipt of the
notice of appeal.
The commission shall affirm the decision of the
chairperson
granting or denying temporary relief unless it determines that the
decision is
arbitrary, capricious, or otherwise inconsistent
with
law.
(D) Following the issuance of an order to show cause as to
why a permit should not be suspended or revoked pursuant to
division (D)(3) of section 1513.02 of the Revised Code, the chief
or a representative of the chief shall hold a public
adjudicatory
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record.
Within sixty days following the public hearing, the chief
shall issue and furnish to the permittee and all other parties to
the hearing a written decision, and the reasons therefor,
concerning suspension or revocation of the permit. If the chief
revokes the permit, the permittee immediately shall cease coal
mining operations on the permit area and shall complete
reclamation within a period specified by the chief, or the chief
shall declare as forfeited the performance bonds for the
operation.
(E)(1) Whenever an enforcement order or permit decision is issued under this chapter and is
appealed under this section or any action is filed under division
(B) of section 1513.15 or 1513.39 of the Revised Code, at the
request of a prevailing party, a sum
equal to the aggregate amount
of all costs and
expenses, including attorney's fees, as
determined to have been
necessary and reasonably incurred by the
prevailing party for or
in connection with participation in the
enforcement
proceedings before the commission, the court under
section
1513.15 of
the Revised Code, or the chief under section
1513.39 of the
Revised Code, may be awarded, as considered proper,
in accordance with
divisions (E)(1)(a) to (c) of this section. In
no event shall
attorney's fees awarded under this section exceed,
for the kind
and quality of services, the prevailing market rates
at the time
the services were furnished under division (A) of this
section. A
party may be entitled to costs and expenses related
solely to the
preparation, defense, and appeal of a petition for
costs and
expenses, provided that the costs and expenses are
limited and
proportionate to costs and expenses otherwise allowed
under
division (E) of this section.
(a) A party, other than the permittee or the division of
mineral resources management, shall may file a
petition, if any, for
an award of costs and
expenses, including attorney's fees, with
the chief, who shall
review the petition. If the chief finds that
the party, other
than the permittee or the division, prevailed
in
whole or in part, made a substantial contribution to a full and
fair determination of the issues, and made a contribution
separate
and distinct from the contribution made by any other
party, the
chief may award to that party the party's those costs
and expenses,
including attorney's fees that were necessary and reasonably
incurred by the petitioning party for, or in connection with,
participation in
the proceeding before the commission.
(b) If a permittee who made a request under division
(E)(1)
of this section demonstrates that a party other than a
A permittee
who initiated an
appeal under this section or participated in such
may file, with the chief, a request for an award to the permittee of the costs and expenses, including attorney's fees, reasonably incurred by the permittee in connection with an appeal
initiated or participated in the appeal in bad faith and
for the
purpose of harassing or embarrassing the permittee, the
permittee
may file a petition with the chief under this section. The chief may award
to the
permittee the assess those costs and expenses reasonably incurred by the
permittee in connection with participation in the appeal and
assess those costs and expenses against the a party who initiated or participated in
the appeal if the permittee demonstrates that the party initiated or participated in the appeal in bad faith and for the purpose of harassing or embarrassing the permittee.
(c) The division may file, with the
commission, a request
for an award to the division of the
costs and
expenses, including attorney's fees, reasonably
incurred by the division in connection with
an appeal initiated
under this section. The commission
may assess
those costs and
expenses against the a party who initiated or participated in the
appeal if the
division demonstrates that the party initiated or
participated in
the appeal in bad faith and for the purpose of
harassing or
embarrassing the division.
(2) Whenever an If a final order involving this chapter is issued by the commission as a decision under division (B) of this section or as a
result of any administrative proceeding under this chapter is by a court of common pleas under division (B) of section 1513.15 of the Revised Code or by the chief under section 1513.39 of the Revised Code and the final order becomes the
subject of judicial review, at the request of any party, a sum
equal to the aggregate amount of all costs and expenses,
including
attorney's fees, as determined by the court
to have been
necessary
and reasonably incurred by the party for or in connection with
participation in the proceedings, may be awarded to either party,
in accordance with division (E)(1) of this section, as the court,
on the basis of judicial review, considers proper.
Sec. 1513.131. For the purpose of conducting any public
adjudicatory hearing under this chapter or Chapter 1514. of the Revised Code, the chief, of the division of mineral resources management or the
reclamation environmental review appeals commission created in section 3745.02 of the Revised Code may require the
attendance of
witnesses and the production of books, records, and papers, and
may, and at the request of any party, shall issue subpoenas for
witnesses or subpoenas duces tecum to compel the production of
any books, records, papers, or other material relevant to the
inquiry, directed to the sheriff of the counties where the
witnesses or materials are found, which subpoenas shall be served
and returned in the same manner as subpoenas issued by courts of
common pleas are served and returned. The fees and mileage of
sheriffs and witnesses shall be the same as those allowed by the
court of common pleas in criminal cases.
In cases of disobedience or neglect of any subpoena served
on any person or the refusal of any witness to testify to any
matter regarding which the witness may lawfully be
interrogated, the court of common pleas of the county in which such
disobedience, neglect, or refusal occurs, or any judge thereof, on application
of the chief or the commission or any member
thereof, shall compel obedience by attachment procedures for
contempt as in the case of disobedience of the requirements of a
subpoena issued from the court or a refusal to testify therein.
A witness at any hearing shall testify under oath or
affirmation, which the chief or any member of the
commission may administer.
Hearing officers designated by the commission shall have
the same powers and
authority in conducting the
hearings as granted to the commission. Whenever a hearing
officer
conducts a hearing, the officer shall prepare a report setting
forth the hearing officer's findings of fact and conclusions
of law and a recommendation of the action to be taken by the
commission.
The hearing officer shall
file the report with the secretary of the commission and
shall mail a
copy by certified mail to the parties. A party may, within
fourteen days after receipt of the report, serve and file written
objections to the hearing officer's report with the secretary of
the commission. Objections shall be specific and state
with
particularity the grounds therefor. Upon consideration of the
objections, the commission may adopt,
reject, or
modify the report; hear additional evidence; return the report to
the hearing officer with instructions; or hear the matter itself.
Sec. 1513.14. (A) Any party aggrieved or adversely
affected
by a decision of the reclamation
environmental review appeals commission
that is made under this chapter or Chapter 1514. of the Revised Code may
appeal to the
court of appeals for the county in which the
activity addressed by
the decision of the commission
occurred, is
occurring, or will
occur, which court has exclusive jurisdiction
over the appeal.
The
appeal shall be filed within thirty days of
issuance of the
decision of the commission. The court
shall confine
its review to
the record certified by the commission. The
court may, upon
motion,
grant such temporary relief
as it
considers
appropriate
pending final disposition of the appeal
if
all of the
following
apply:
(1) All parties to the appeal have been notified and given
an opportunity to be heard on a request for temporary relief.
(2) The person requesting the relief shows that there is a
substantial likelihood that the person will prevail on the
merits.
(3) The relief will not adversely affect public health or
safety
or the health or safety of miners or cause significant
imminent environmental harm to land,
air, or water resources.
The court shall affirm the decision of the commission
unless
the
court determines that it is arbitrary, capricious, or
otherwise
inconsistent with law, in which case the court shall
vacate the
decision and remand to the commission for such further
proceedings as
it may direct.
(B) Any order of the chief
of the division of mineral
resources management adopting a rule shall be
subject to judicial
review in the Franklin county court of
appeals, which court has
exclusive original jurisdiction to
review the order. A petition
for review of the order shall be
filed within thirty days from the
date of such order. The
petition may be made by any person who
participated in the
rule-making proceedings and who is aggrieved
by the order. The
court shall confine its review to the record of
the rule-making
proceedings. The order shall be affirmed unless
the court
concludes that the order is arbitrary, capricious, or
otherwise
inconsistent with law, in which case the court shall
vacate the
order or portion thereof and remand to the chief for
such further
proceedings as it may direct.
Sec. 1513.16. (A) Any permit issued under this chapter to
conduct coal mining operations shall require that the operations
meet all applicable performance standards of this chapter and
such other requirements as the chief of the division of mineral resources
management shall
adopt by rule. General performance standards
shall apply to all coal mining and reclamation operations and
shall require the operator at a minimum to do all of the
following:
(1) Conduct coal mining operations so as to maximize the
utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future through coal
mining can be minimized;
(2) Restore the land affected to a condition capable of
supporting the uses that it was capable of supporting prior to
any mining, or higher or better uses of which there is reasonable
likelihood, so long as the uses do not present any actual or
probable hazard to public health or safety or pose any actual or
probable threat of diminution or pollution of the waters of the
state, and the permit applicants' declared proposed land uses
following reclamation are not considered to be impractical or
unreasonable, to be inconsistent with applicable land use
policies and plans, to involve unreasonable delay in
implementation, or to violate federal, state, or local law;
(3) Except as provided in division (B) of this section,
with respect to all coal mining operations, backfill, compact
where advisable to ensure stability or to prevent leaching of
toxic materials, and grade in order to restore the approximate
original contour of the land with all highwalls, spoil piles, and
depressions eliminated unless small depressions are needed in
order to retain moisture to assist revegetation or as otherwise
authorized pursuant to this chapter, provided that if the
operator demonstrates that due to volumetric expansion the amount
of overburden and the spoil and waste materials removed in the
course of the mining operation are more than sufficient to restore
the approximate original contour, the operator shall backfill,
grade, and compact the excess overburden and other spoil and
waste materials to attain the lowest grade, but not more than the
angle of repose, and to cover all acid-forming and other toxic
materials in order to achieve an ecologically sound land use
compatible with the surrounding region in accordance with the
approved mining plan. The overburden or spoil shall be shaped
and graded in such a way as to prevent slides, erosion, and water
pollution and shall be revegetated in accordance with this
chapter.
(4) Stabilize and protect all surface areas, including
spoil piles affected by the coal mining and reclamation
operation, to control erosion and attendant air and water
pollution effectively;
(5) Remove the topsoil from the land in a separate layer,
replace it on the backfill area, or, if not utilized immediately,
segregate it in a separate pile from the spoil, and when the
topsoil is not replaced on a backfill area within a time short
enough to avoid deterioration of the topsoil, maintain a
successful cover by quick-growing plants or other means
thereafter so that the topsoil is preserved from wind and water
erosion, remains free of any contamination by acid or other toxic
material, and is in a usable condition for sustaining vegetation
when restored during reclamation. If the topsoil is of
insufficient quantity or of poor quality for sustaining
vegetation or if other strata can be shown to be more suitable
for vegetation requirements, the operator shall remove,
segregate, and preserve in a like manner such other strata as are
best able to support vegetation.
(6) Restore the topsoil or the best available subsoil that
is best able to support vegetation;
(7) For all prime farmlands as identified in division
(B)(2)(1)(p) of section 1513.07 of the Revised Code to be mined and
reclaimed, perform soil removal, storage, replacement, and reconstruction
in accordance with specifications established
by the secretary of the United States department of agriculture
under the "Surface Mining Control and Reclamation Act of 1977,"
91 Stat. 445, 30 U.S.C.A. 1201. The operator, at a
minimum, shall be required to do all of the following:
(a) Segregate the A horizon of the natural soil, except
where it can be shown that other available soil materials will
create a final soil having a greater productive capacity, and, if
not utilized immediately, stockpile this material separately from
the spoil and provide needed protection from wind and water
erosion or contamination by acid or other toxic material;
(b) Segregate the B horizon of the natural soil, or
underlying C horizons or other strata, or a combination of such
horizons or other strata that are shown to be both texturally and
chemically suitable for plant growth and that can be shown to be
equally or more favorable for plant growth than the B horizon, in
sufficient quantities to create in the regraded final soil a root
zone of comparable depth and quality to that which existed in the
natural soil, and, if not utilized immediately, stockpile this
material separately from the spoil and provide needed protection
from wind and water erosion or contamination by acid or other
toxic material;
(c) Replace and regrade the root zone material described
in division (A)(7)(b) of this section with proper compaction and
uniform depth over the regraded spoil material;
(d) Redistribute and grade in a uniform manner the surface
soil horizon described in division (A)(7)(a) of this section.
(8) Create, if authorized in the approved mining and
reclamation plan and permit, permanent impoundments of water on
mining sites as part of reclamation activities only when it is
adequately demonstrated by the operator that all of the following
conditions will be met:
(a) The size of the impoundment is adequate for its
intended purposes.
(b) The impoundment dam construction will be so designed
as to achieve necessary stability with an adequate margin of
safety compatible with that of structures constructed under the
"Watershed Protection and Flood Prevention Act," 68 Stat. 666
(1954), 16 U.S.C. 1001, as amended.
(c) The quality of impounded water will be suitable on a
permanent basis for its intended use and discharges from the
impoundment will not degrade the water quality below water
quality standards established pursuant to applicable federal and
state law in the receiving stream.
(d) The level of water will be reasonably stable.
(e) Final grading will provide adequate safety and access
for proposed water users.
(f) The water impoundments will not result in the
diminution of the quality or quantity of water utilized by
adjacent or surrounding landowners for agricultural, industrial,
recreational, or domestic uses.
(9) Conduct any augering operation associated with strip
mining in a manner to maximize recoverability of mineral reserves
remaining after the operation and reclamation are complete and
seal all auger holes with an impervious and noncombustible
material in order to prevent drainage, except where the chief
determines that the resulting impoundment of water in such auger
holes may create a hazard to the environment or the public health
or safety. The chief may prohibit augering if necessary to
maximize the utilization, recoverability, or conservation of the
solid fuel resources or to protect against adverse water quality
impacts.
(10) Minimize the disturbances to the prevailing
hydrologic balance at the mine site and in associated offsite
areas and to the quality and quantity of water in surface and
ground water systems both during and after coal mining operations
and during reclamation by doing all of the following:
(a) Avoiding acid or other toxic mine drainage by such
measures as, but not limited to:
(i) Preventing or removing water from contact with toxic
producing deposits;
(ii) Treating drainage to reduce toxic content that
adversely affects downstream water upon being released to water
courses in accordance with rules adopted by the chief in
accordance with section 1513.02 of the Revised Code;
(iii) Casing, sealing, or otherwise managing boreholes,
shafts, and wells, and keeping acid or other toxic drainage from
entering ground and surface waters.
(b)(i) Conducting coal mining operations so as to prevent,
to the extent possible using the best technology currently
available, additional contributions of suspended solids to
streamflow or runoff outside the permit area, but in no event
shall contributions be in excess of requirements set by
applicable state or federal laws;
(ii) Constructing any siltation structures pursuant to
division (A)(10)(b)(i) of this section prior to commencement of
coal mining operations. The structures shall be certified by
persons approved by the chief to be constructed as designed and
as approved in the reclamation plan.
(c) Cleaning out and removing temporary or large settling
ponds or other siltation structures from drainways after
disturbed areas are revegetated and stabilized, and depositing
the silt and debris at a site and in a manner approved by the
chief;
(d) Restoring recharge capacity of the mined area to
approximate premining conditions;
(e) Avoiding channel deepening or enlargement in
operations requiring the discharge of water from mines;
(f) Such other actions as the chief may prescribe.
(11) With respect to surface disposal of mine wastes,
tailings, coal processing wastes, and other wastes in areas other
than the mine working areas or excavations, stabilize all waste
piles in designated areas through construction in compacted
layers, including the use of noncombustible and impervious
materials if necessary, and ensure that the final contour of the
waste pile will be compatible with natural surroundings and that
the site can and will be stabilized and revegetated according to
this chapter;
(12) Refrain from coal mining within five hundred feet of
active and abandoned underground mines in order to prevent
breakthroughs and to protect the health or safety of miners. The
chief shall permit an operator to mine near, through, or
partially through an abandoned underground mine or closer than
five hundred feet to an active underground mine if both of
the following
conditions are met:
(a) The nature, timing, and sequencing of the approximate
coincidence of specific strip mine activities with specific
underground mine activities are approved by the chief;.
(b) The operations will result in improved resource
recovery, abatement of water pollution, or elimination of hazards
to the health and safety of the public.
(13) Design, locate, construct, operate, maintain,
enlarge, modify, and remove or abandon, in accordance with the
standards and criteria developed pursuant to rules adopted by the
chief, all existing and new coal mine
waste
piles consisting of
mine wastes, tailings, coal processing wastes, or other liquid
and solid wastes, and used either temporarily or permanently as
dams or embankments;
(14) Ensure that all debris, acid-forming materials, toxic
materials, or materials constituting a fire hazard are treated or
buried and compacted or otherwise disposed of in a manner
designed to prevent contamination of ground or surface waters and
that contingency plans are developed to prevent sustained
combustion;
(15) Ensure that all reclamation efforts proceed in an
environmentally sound manner and as contemporaneously as
practicable with the coal mining operations, except that where
the applicant proposes to combine strip mining operations with
underground mining operations to ensure maximum practical
recovery of the mineral resources, the chief may grant a variance
for specific areas within the reclamation plan from the
requirement that reclamation efforts proceed as contemporaneously
as practicable to permit underground mining operations prior to
reclamation if:
(a) The chief finds in writing that:
(i) The applicant has presented, as part of the permit
application, specific, feasible plans for the proposed
underground mining operations.
(ii) The proposed underground mining operations are
necessary or desirable to ensure maximum practical recovery of
the mineral resource and will avoid multiple disturbance of the
surface.
(iii) The applicant has satisfactorily demonstrated that
the plan for the underground mining operations conforms to
requirements for underground mining in this state and that
permits necessary for the underground mining operations have been
issued by the appropriate authority.
(iv) The areas proposed for the variance have been shown
by the applicant to be necessary for the implementing of the
proposed underground mining operations.
(v) No substantial adverse environmental damage, either
on-site or off-site, will result from the delay in completion of
reclamation as required by this chapter.
(vi) Provisions for the off-site storage of spoil will
comply with division (A)(21) of this section.
(b) The chief has adopted specific rules to govern the
granting of such variances in accordance with this division and
has imposed such additional requirements as the chief
considers necessary.
(c) Variances granted under this division shall be
reviewed by the chief not more than three years from the date of
issuance of the permit.
(d) Liability under the bond filed by the applicant with
the chief pursuant to section 1513.08 of the Revised Code shall
be for the duration of the underground mining operations and
until the requirements of this section and section 1513.08 of the
Revised Code have been fully complied with.
(16) Ensure that the construction, maintenance, and
postmining conditions of access roads into and across the site of
operations will control or prevent erosion and siltation,
pollution of water, and damage to fish or wildlife or their
habitat, or to public or private property;
(17) Refrain from the construction of roads or other
access ways up a stream bed or drainage channel or in such
proximity to the channel as to seriously alter the normal flow of
water;
(18) Establish, on the regraded areas and all other lands
affected, a diverse, effective, and permanent vegetative cover of
the same seasonal variety native to the area of land to be
affected and capable of self-regeneration and plant succession at
least equal in extent of cover to the natural vegetation of the
area, except that introduced species may be used in the
revegetation process where desirable and necessary to achieve the
approved postmining land use plan;
(19)(a) Assume the responsibility for successful
revegetation, as required by division (A)(18) of this section,
for a period of five full years after the last year of augmented
seeding, fertilizing, irrigation, or other work in order to
ensure compliance with that division, except that when the chief
approves a long-term intensive agricultural postmining land use,
the applicable five-year period of responsibility for
revegetation shall commence at the date of initial planting for
that long-term intensive agricultural postmining land use, and
except that when the chief issues a written finding approving a
long-term intensive agricultural postmining land use as part of
the mining and reclamation plan, the chief may grant an exception
to division (A)(18) of this section;
(b) On lands eligible for remining, assume the responsibility for successful
revegetation, as required by division (A)(18) of this section, for a period of
two full years after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to ensure compliance with that division.
(20) Protect off-site areas from slides or damage
occurring during the coal mining and reclamation operations and
not deposit spoil material or locate any part of the operations
or waste accumulations outside the permit area;
(21) Place all excess spoil material resulting from coal
mining and reclamation operations in such a manner that all of
the following apply:
(a) Spoil is transported and placed in a controlled manner
in position for concurrent compaction and in such a way as to
ensure mass stability and to prevent mass movement.
(b) The areas of disposal are within the bonded permit
areas. All organic matter shall be removed immediately prior to
spoil placement except in the zoned concept method.
(c) Appropriate surface and internal drainage systems and
diversion ditches are used so as to prevent spoil erosion and
mass movement.
(d) The disposal area does not contain springs, natural
watercourses, or wet weather seeps unless lateral drains are
constructed from the wet areas to the main underdrains in such a
manner that filtration of the water into the spoil pile will be
prevented unless the zoned concept method is used.
(e) If placed on a slope, the spoil is placed upon the
most moderate slope among those slopes upon which, in the
judgment of the chief, the spoil could be placed in compliance
with all the requirements of this chapter and is placed, where
possible, upon, or above, a natural terrace, bench, or berm if
that placement provides additional stability and prevents mass
movement.
(f) Where the toe of the spoil rests on a downslope, a
rock toe buttress of sufficient size to prevent mass movement is
constructed.
(g) The final configuration is compatible with the natural
drainage pattern and surroundings and suitable for intended
uses.
(h) Design of the spoil disposal area is certified by a
qualified registered professional engineer in conformance with
professional standards.
(i) All other provisions of this chapter are met.
(22) Meet such other criteria as are necessary to achieve
reclamation in accordance with the purpose of this chapter,
taking into consideration the physical, climatological, and other
characteristics of the site;
(23) To the extent possible, using the best technology
currently available, minimize disturbances and adverse impacts of
the operation on fish, wildlife, and related environmental
values, and achieve enhancement of such resources where
practicable;
(24) Provide for an undisturbed natural barrier beginning
at the elevation of the lowest coal seam to be mined and
extending from the outslope for such distance as the chief shall
determine to be retained in place as a barrier to slides and
erosion.
(B)(1) The chief may permit mining operations for the
purposes set forth in division (B)(3) of this section.
(2) When an applicant meets the requirements of divisions
(B)(3) and (4) of this section, a permit without regard to the
requirement to restore to approximate original contour known as
mountain top removal set forth in divisions (A)(3) or (C)(2) and
(3) of this section may be granted for the mining of coal where
the mining operation will remove an entire coal seam or seams
running through the upper fraction of a mountain, ridge, or hill,
except as provided in division (B)(4)(a) of this section, by
removing all of the overburden and creating a level plateau or a
gently rolling contour with no highwalls remaining, and capable
of supporting postmining uses in accordance with this division.
(3) In cases where an industrial, commercial,
agricultural, residential, or public facility use, including
recreational facilities, is proposed for the postmining use
of the affected land, the chief may grant a permit for a mining
operation of the nature described in division (B)(2) of this
section when all of the following apply:
(a) After consultation with the appropriate land use
planning agencies, if any, the proposed postmining land use is
considered to constitute an equal or better economic or public
use of the affected land, as compared with premining use.
(b) The applicant presents specific plans for the proposed
postmining land use and appropriate assurances that the use will
be all of the following:
(i) Compatible with adjacent land uses;
(ii) Obtainable according to data regarding expected need
and market;
(iii) Assured of investment in necessary public
facilities;
(iv) Supported by commitments from public agencies where
appropriate;
(v) Practicable with respect to private financial
capability for completion of the proposed use;
(vi) Planned pursuant to a schedule attached to the
reclamation plan so as to integrate the mining operation and
reclamation with the postmining land use;
(vii) Designed by a registered engineer in conformity with
professional standards established to ensure the stability,
drainage, and configuration necessary for the intended use of the
site.
(c) The proposed use is consistent with adjacent land uses
and existing state and local land use plans and programs.
(d) The chief provides the governing body of the unit of
general-purpose local government in which the land is located,
and any state or federal agency that the chief, in the
chief's discretion, determines to have an interest in the proposed use,
an opportunity of not more than sixty days to review and comment
on the proposed use.
(e) All other requirements of this chapter will be met.
(4) In granting a permit pursuant to this division, the
chief shall require that each of the following is met:
(a) The toe of the lowest coal seam and the overburden
associated with it are retained in place as a barrier to slides
and erosion.
(b) The reclaimed area is stable.
(c) The resulting plateau or rolling contour drains inward
from the outslopes except at specified points.
(d) No damage will be done to natural watercourses.
(e) Spoil will be placed on the mountaintop bench as is
necessary to achieve the planned postmining land use, except that
all excess spoil material not retained on the mountaintop bench
shall be placed in accordance with division (A)(21) of this
section.
(f) Stability of the spoil retained on the mountaintop
bench is ensured and the other requirements of this chapter are
met.
(5) The chief shall adopt specific rules to govern the
granting of permits in accordance with divisions (B)(1) to (4) of
this section and may impose such additional requirements as the
chief considers necessary.
(6) All permits granted under divisions (B)(1) to (4) of
this section shall be reviewed not more than three years from the
date of issuance of the permit unless the applicant affirmatively
demonstrates that the proposed development is proceeding in
accordance with the terms of the approved schedule and
reclamation plan.
(C) All of the following performance standards apply to
steep-slope coal mining and are in addition to those general
performance standards required by this section, except that this
division does not apply to those situations in which an operator
is mining on flat or gently rolling terrain on which an
occasional steep slope is encountered through which the mining
operation is to proceed, leaving a plain or predominantly flat
area, or where an operator is in compliance with division (B) of
this section:
(1) The operator shall ensure that when performing coal
mining on steep slopes, no debris, abandoned or disabled
equipment, spoil material, or waste mineral matter is placed on
the downslope below the bench or mining cut. Spoil material in
excess of that required for the reconstruction of the approximate
original contour under division (A)(3) or (C)(2) of this section
shall be permanently stored pursuant to division (A)(21) of this
section.
(2) The operator shall complete backfilling with spoil
material to cover completely the highwall and return the site to
the approximate original contour, which material will maintain
stability following mining and reclamation.
(3) The operator shall not disturb land above the top of
the highwall unless the chief finds that the disturbance will
facilitate compliance with the environmental protection standards
of this section, except that any such disturbance involving land
above the highwall shall be limited to that amount of land
necessary to facilitate compliance.
(D)(1) The chief may permit variances for the purposes set
forth in division (D)(3) of this section, provided that the
watershed control of the area is improved and that complete
backfilling with spoil material shall be required to cover
completely the highwall, which material will maintain stability
following mining and reclamation.
(2) Where an applicant meets the requirements of divisions
(D)(3) and (4) of this section, a variance from the requirement
to restore to approximate original contour set forth in division
(C)(2) of this section may be granted for the mining of coal
when the owner of the surface knowingly requests in writing, as
a part of the permit application, that such a variance be granted
so as to render the land, after reclamation, suitable for an
industrial, commercial, residential, or public use, including
recreational facilities, in accordance with divisions (D)(3) and (4) of this
section.
(3) A variance pursuant to division (D)(2) of this section
may be granted if:
(a) After consultation with the appropriate land use
planning agencies, if any, the potential use of the affected land
is considered to constitute an equal or better economic or public
use.
(b) The postmining land condition is designed and
certified by a registered professional engineer in conformity
with professional standards established to ensure the stability,
drainage, and configuration necessary for the intended use of the
site.
(c) After approval of the appropriate state environmental
agencies, the watershed of the affected land is considered to be
improved.
(4) In granting a variance pursuant to division (D) of
this section, the chief shall require that only such amount of
spoil will be placed off the mine bench as is necessary to
achieve the planned postmining land use, ensure stability of the
spoil retained on the bench, and meet all other requirements of
this chapter. All spoil placement off the mine bench shall comply
with division (A)(21) of this section.
(5) The chief shall adopt specific rules to govern the
granting of variances under division (D) of this section and may
impose such additional requirements as the chief considers
necessary.
(6) All variances granted under division (D) of this
section shall be reviewed not more than three years from the date
of issuance of the permit unless the permittee affirmatively
demonstrates that the proposed development is proceeding in
accordance with the terms of the reclamation plan.
(E) The chief shall establish standards and criteria
regulating the design, location, construction, operation,
maintenance, enlargement, modification, removal, and abandonment
of new and existing coal mine waste piles referred to in division
(A)(13) of this section and division (A)(5) of section 1513.35 of
the Revised Code. The standards and criteria shall conform to
the standards and criteria used by the chief of the United States
army corps of engineers to ensure that flood control structures
are safe and effectively perform their intended function. In
addition to engineering and other technical specifications, the
standards and criteria developed pursuant to this division shall
include provisions for review and approval of plans and
specifications prior to construction, enlargement, modification,
removal, or abandonment; performance of periodic inspections
during construction; issuance of certificates of approval upon
completion of construction; performance of periodic safety
inspections; and issuance of notices for required remedial or
maintenance work.
(F)(1) The permittee may file a request with the chief for
release of a part of a performance bond or deposit under division
(F)(3) of this section. Within thirty days after any request for
bond or deposit release under this section has been filed with
the chief, the operator shall submit a copy of an advertisement
placed at least once a week for four successive weeks in a
newspaper of general circulation in the locality of the coal
mining operation. The advertisement shall be considered part of
any bond release application and shall contain a notification of
the precise location of the land affected, the number of acres,
the permit number and the date approved, the amount of the bond filed
and the portion sought to be released, the type and appropriate
dates of reclamation work performed, and a description of the
results achieved as they relate to the operator's approved
reclamation plan and, if applicable, the operator's pollution
abatement plan. In addition, as part of any bond release
application, the applicant shall submit copies of the letters sent to
adjoining property owners, local governmental bodies,
planning agencies, and sewage and water treatment authorities or
water companies in the locality in which the coal mining and
reclamation activities took place, notifying them of the
applicant's intention to seek release from the bond.
(2) Upon receipt of a copy of the advertisement and
request for release of a bond or deposit under division (F)(3)(c)
of this section, the chief, within thirty days, shall conduct an
inspection and evaluation of the reclamation work involved. The
evaluation shall consider, among other things, the degree of
difficulty to complete any remaining reclamation, whether
pollution of surface and subsurface water is occurring, the
probability of continuation or future occurrence of the
pollution, and the estimated cost of abating the pollution. The
chief shall notify the permittee in writing of the decision to
release or not to release all or part of the performance bond or
deposit within sixty days after the filing of the request if no
public hearing is held pursuant to division (F)(6) of this
section or, if there has been a public hearing held pursuant to
division (F)(6) of this section, within thirty days thereafter.
(3) The chief may release the bond or deposit if the
reclamation covered by the bond or deposit or portion thereof has
been accomplished as required by this chapter and rules adopted
under it according to the following schedule:
(a) When the operator completes the backfilling,
regrading, and drainage control of a bonded area in accordance
with the approved reclamation plan, and, if the area covered
by
the bond or deposit is one for which an authorization was made
under division (E)(7) of section 1513.07 of the Revised Code, the
operator has complied with the approved pollution abatement plan
and all additional requirements established by the chief in rules
adopted under section 1513.02 of the Revised Code governing coal
mining and reclamation operations on pollution abatement areas,
the chief shall grant a release of fifty per cent of the bond or
deposit for the applicable permit area.
(b) After resoiling and revegetation have been established
on the regraded mined lands in accordance with the approved
reclamation plan, the chief shall grant a release in an amount
not exceeding thirty-five per cent of the original bond or
deposit for all or part of the affected area under the permit.
When determining the amount of bond to be released after
successful revegetation has been established, the chief shall
retain that amount of bond for the revegetated area that would be
sufficient for a third party to cover the cost of reestablishing
revegetation for the period specified for operator responsibility
in this section for reestablishing revegetation. No part of the
bond or deposit shall be released under this division so long as
the lands to which the release would be applicable are
contributing suspended solids to streamflow or runoff outside the
permit area in excess of the requirements of this section or
until soil productivity for prime farmlands has returned to
equivalent levels of yield as nonmined land of the same soil type
in the surrounding area under equivalent management practices as
determined from the soil survey performed pursuant to section
1513.07 of the Revised Code. If the area covered by the bond or
deposit is one for which an authorization was made under division
(E)(7) of section 1513.07 of the Revised Code, no part of the
bond or deposit shall be released under this division until the
operator has complied with the approved pollution abatement plan
and all additional requirements established by the chief in rules
adopted under section 1513.02 of the Revised Code governing coal
mining and reclamation operations on pollution abatement areas.
Where a silt dam is to be retained as a permanent impoundment
pursuant to division (A)(10) of this section, the portion of bond
may be released under this division so long as provisions for
sound future maintenance by the operator or the landowner have
been made with the chief.
(c) When the operator has completed successfully all coal
mining and reclamation activities, including, if applicable, all
additional requirements established in the pollution abatement
plan approved under division (E)(7) of section 1513.07 of the
Revised Code and all additional requirements established by the
chief in rules adopted under section 1513.02 of the Revised Code
governing coal mining and reclamation operations on pollution
abatement areas, the chief shall release all or any of the
remaining portion of the bond or deposit for all or part of the
affected area under a permit, but not before the expiration of
the period specified for operator responsibility in this section,
except that the chief may adopt rules for a variance to the operator
period of responsibility considering vegetation success and
probability of continued growth and consent of the landowner,
provided that no bond shall be fully released until all
reclamation requirements of this chapter are fully met.
(4) If the chief disapproves the application for release
of the bond or deposit or portion thereof, the chief shall notify
the permittee, in writing, stating the reasons for disapproval
and recommending corrective actions necessary to secure the
release, and allowing the opportunity for a public adjudicatory
hearing.
(5) When any application for total or partial bond release
is filed with the chief under this section, the chief shall
notify the municipal corporation in which the coal mining
operation is located by certified mail at least thirty days prior
to the release of all or a portion of the bond.
(6) A person with a valid legal interest that might be
adversely affected by release of a bond under this section or the
responsible officer or head of any federal, state, or local
government agency that has jurisdiction by law or special
expertise with respect to any environmental, social, or economic
impact involved in the operation or is authorized to develop and
enforce environmental standards with respect to such operations
may file written objections to the proposed release from the bond
with the chief within thirty days after the last publication of
the notice required by division (F)(1) of this section. If
written objections are filed and an informal conference is
requested, the chief shall inform all interested parties of the
time and place of the conference. The date, time, and location
of the informal conference shall be advertised by the chief in a
newspaper of general circulation in the locality of the coal
mining operation proposed for bond release for at least once a
week for two consecutive weeks. The informal conference shall be
held in the locality of the coal mining operation proposed for
bond release or in Franklin county, at the option of the
objector, within thirty days after the request for the
conference. An electronic or stenographic record shall be made
of the conference proceeding unless waived by all parties. The
record shall be maintained and shall be accessible to the parties
until final release of the performance bond at issue. In the
event all parties requesting the informal conference stipulate
agreement prior to the requested informal conference and withdraw
their request, the informal conference need not be held.
(7) If an informal conference has been held pursuant to
division (F)(6) of this section, the chief shall issue and
furnish the applicant and persons who participated in the
conference with the written decision regarding the release within
sixty days after the conference. Within thirty days after
notification of the final decision of the chief regarding the
bond release, the applicant or any person with an interest that
is or may be adversely affected by the decision may appeal the
decision to the reclamation environmental review appeals commission pursuant
to section 1513.13 of the Revised Code.
(G) The chief shall adopt rules governing the criteria for
forfeiture of bond, the method of determining the forfeited
amount, and the procedures to be followed in the event of
forfeiture. Cash received as the result of such forfeiture is
the property of the state.
Sec. 1514.021. (A) A permit holder who wishes to continue
surface
or in-stream mining operations after the expiration date
of the
existing permit or renewal permit shall file with the chief
of
the
division of mineral resources
management an application for
renewal of a
surface
or in-stream mining permit or renewal permit
at least
ninety days
before the expiration date of the existing
permit or
renewal
permit. The application shall be upon the form
that the
chief
prescribes and provides and shall be accompanied by
a
permit
renewal fee. The amount of the fee for
renewal of a
surface mining permit or renewal permit shall be one
thousand
dollars, and the amount of the fee for renewal of an
in-stream
mining permit or renewal permit shall be five hundred
dollars.
(B) Upon receipt of an application for renewal and the
permit
renewal fee under division (A) of this section, the chief
shall
notify the applicant to submit a map that is a composite of
the
information required to be contained in the most recent annual
report map under section 1514.03 of the Revised Code and of all
surface
or in-stream mining and reclamation activities conducted
under the
existing permit or renewal permit; the annual report
required
under section 1514.03 of the Revised Code;
in the case of
an
applicant proposing a significant change to the
plan of mining
and
reclamation, as "significant" is defined by
rule, a copy of
the
advertisement that the applicant is required
to have published
in
accordance with section 1514.022 of the
Revised Code; and
additional
maps, plans, and revised or updated information that
the
chief determines to be necessary for permit renewal. Within
sixty days
after receipt of this notification, the applicant shall
submit
all the required information to the chief.
(C)(1) Upon receipt of the information required under
division (B) of this section
and except as otherwise provided in
division
(C)(2) of this section, the chief
shall approve
the
application for renewal and issue an order granting a renewal
permit
unless the chief finds that
any of
the following
applies:
(a) The permit holder's operation is
not in
substantial
or
material compliance with
this chapter, rules adopted and orders
issued under it, and the
plan of mining and reclamation under the
existing permit or
renewal permit.
(b) The permit holder has
not provided evidence
that a
performance
bond filed under section 1514.04 of the Revised Code
applicable
to lands affected under the existing permit or renewal
permit
will remain effective until released under section 1514.05
of the
Revised Code.
(c) The permit holder, any partner if the applicant is a
partnership, any officer or director if the applicant is a
corporation, or any
other person who has a right to control or in
fact controls the management of
the applicant or the selection of
officers, directors, or managers of the
applicant has failed
substantially or materially to comply or continues to
fail to
comply with this chapter as provided in section 1514.02 of the
Revised Code.
(2) If the application for renewal proposes significant
changes
to the plan of mining and reclamation, as "significant" is
defined
by rule, the chief may, but is not required to, approve
the
application for renewal.
(D) Within sixty days after receiving the information and
permit
renewal fees required under divisions (A) and (B) of this
section,
the chief shall approve the application for renewal and
issue an
order granting a renewal permit, issue an order denying
the
application, or notify the applicant that the time limit for
issuing such an order has been extended. This extension of time
shall not exceed sixty days.
(E) If an applicant for a renewal permit has complied with
division (A) of this section, the applicant may continue surface
or in-stream mining operations under the existing permit or
renewal permit
after its expiration date until the sixty-day
period for filing
the information required by the chief under
division (B) of this
section has expired or until the chief issues
an order under
division (D) of this section denying the renewal
permit.
(F) A permit holder who fails to submit an application and
required permit
renewal fees within the time prescribed by
division (A)
of
this section shall cease surface
or in-stream
mining operations on the
expiration date of the existing permit or
renewal permit. If
such
a permit holder then submits an
application for renewal and
the
permit
renewal fees otherwise
required by division (A) of this
section on
or before the
thirtieth day after the expiration date
of the
expired permit or
renewal permit and provides the
information
required by the chief
under division (B) of this
section within
sixty days after being
notified of the information
required under
that division, the
permit holder need not
submit the final map
and
report required by
section 1514.03 of the Revised Code until
the
later of thirty days
after the chief issues an order denying
the
application for
renewal or thirty days after the chief's
order is
affirmed upon
appeal under section 1513.13 or 1513.14 of
the
Revised Code. An
applicant under this division who fails to
provide the information
required by the chief under division (B)
of this section within
the prescribed time period shall
submit
the
final map and report
required by section 1514.03 of the
Revised
Code within thirty days
after the expiration of that
prescribed
period.
(G) If the chief issues an order denying an application
for
renewal of a permit or renewal permit after the expiration
date of
the permit, the permit holder shall cease surface
or in-stream
mining
operations immediately and, within thirty days after the
issuance
of the order, shall submit the final report and map
required
under
section 1514.03 of the Revised Code. The chief
shall state
the
reasons for denial in the order denying renewal of
the
application. An applicant may appeal the chief's order
denying
the renewal under section 1513.13 of the Revised Code and
may
continue surface
or in-stream mining and reclamation
operations under the
expired permit until the reclamation
environmental review appeals commission
affirms the
chief's order under that section
and, if
the applicant elects to
appeal the order of the commission
under
section 1513.14 of the
Revised Code, until the court of appeals
affirms the order.
(H) The approval of an application for renewal under this
section authorizes the continuation of
an existing
surface
mining
permit or renewal permit for a term of
fifteen years
from the
expiration date of the existing permit.
The approval of an application
for renewal under this
section
authorizes the continuation of an
existing in-stream
mining permit
or renewal permit for a term of
two years from the
expiration date
of the existing permit.
(I) Any renewal permit is subject to all the requirements
of
this chapter and rules adopted under it.
Sec. 1514.071. (A) In addition to any other penalties
established
under this chapter, the chief of the division of
mineral resources management
may
assess a civil penalty
against
any person who fails to comply with an order issued by the chief
under section 1514.07 of the Revised Code by the date
specified in
the order or as subsequently extended by the chief.
(B) Civil penalties assessed under this section shall not
exceed
one thousand dollars for each occurrence of noncompliance
with an order. Each
day of continuing noncompliance, up to a
maximum of thirty days, may
be deemed a separate occurrence for
purposes of
penalty assessments. In determining the amount of the
assessment, the chief
shall consider the seriousness of the
noncompliance, the effect of the
noncompliance, and the operator's
history of noncompliance.
(C) Upon issuance of a notice of noncompliance with an
order,
the
chief shall inform the person to whom the notice of
noncompliance is issued of
the amount of any civil penalty to be
assessed and provide an
opportunity for an adjudicatory hearing
with the reclamation
environmental review appeals commission pursuant to section 1514.09 1513.13 of the
Revised Code.
The person charged with the penalty shall have
thirty days from receipt of the
assessment to pay
the penalty in
full or, if the person wishes to contest
the amount of the
penalty, file a
petition for review of the assessment with the
commission
pursuant to section 1514.09 1513.13 of the Revised Code and
forward
the
amount of the penalty to the secretary of the
commission as required by this
division. Failure to forward the
money to the
secretary within thirty days after the chief informs
the person of
the amount of the penalty shall result in a waiver
of all
legal rights to contest the amount of the
penalty.
If, after a hearing, the commission affirms or modifies the
amount of the penalty, the person charged with the penalty
shall
have thirty days after receipt of the written decision to
file an
appeal from the commission's order in
accordance with section
1514.09 1513.14 of the Revised Code.
At the time that the petition for review
of the assessment is
filed with the secretary, the person
shall forward the amount of
the penalty to the secretary for
placement in the reclamation
penalty fund created in division
(F)(3) of section 1513.02 of the
Revised Code. Pursuant to administrative or
judicial review of
the penalty, the secretary shall do either of the
following:
(1) If it is determined that the amount of the penalty
should be
reduced, within thirty days, remit the appropriate
amount of the penalty
to the person, with interest, and forward
any balance of the
penalty, with interest, to the chief for
deposit in the surface mining
fund created in
section 1514.06 of
the Revised Code for reclamation of
abandoned surface or in-stream
mining
operations in the state;
(2) If the penalty was not reduced, forward the entire
penalty,
with interest, to the chief for deposit in the surface
mining
fund for reclamation of abandoned surface or in-stream
mining operations
in
the state.
(D) Civil penalties owed under this section may be recovered
in a
civil action brought by the attorney general upon the request
of the
chief.
Sec. 1514.09. The reclamation In accordance with procedures established under this chapter and Chapter 1513. of the Revised Code, the environmental review appeals commission
established
pursuant to in section 1513.05 3745.02 of the Revised Code shall serve as
the
reclamation commission pursuant to this
chapter.
However,
whenever the commission is considering
any appeal pertaining to
surface
or in-stream mining, as distinguished from
coal strip
mining, the
member representing the coal strip mine
operators
shall be
replaced by a person who, by reason of the
person's
previous
vocation, employment, or affiliations, can be classed as
a
representative of surface
or in-stream mine operators, as
applicable. The appointment of
that person shall be made in
accordance with section
1513.05 of
the Revised Code, and the
person's term shall be concurrent
with
that of
the representative
of the coal strip mine operators consider appeals of actions of the chief of the division of mineral resources management under this chapter.
No party to an appeal brought under
this section shall be
eligible for an award of attorney's fees, costs, or
expenses from
the commission or any court.
Notwithstanding section 1513.14 of the Revised Code,
appeals
from an order of the commission pertaining to
surface
or in-stream
mining
may
be taken to the court of common pleas of the county in
which
the
operation is located, or to the court of common pleas of
Franklin
county.
Sec. 1514.10. No person shall:
(A)(1) Engage in surface mining without a permit;
(2) Engage in in-stream mining or conduct an in-stream
mining operation without an in-stream mining permit issued
by the
chief of the division of mineral resources management. A
person
who, on
the effective date of this amendment
March 15, 2002, holds a valid
permit
to conduct in-stream mining that is issued under section 10
of the
"Rivers and
Harbors
Appropriation
Act of 1899," 30
Stat. 1151, 33
U.S.C. 403, as
amended, shall not be required to obtain an
in-stream mining permit from
the chief under this chapter until
the existing permit expires.
(B) Exceed the limits of a surface
or in-stream mining
permit or
amendment to a permit by
mining land contiguous to an
area of land
affected under a permit or
amendment, which
contiguous land is not
under
a permit or amendment;
(C) Purposely misrepresent or omit any material fact in an
application for a
surface
or in-stream mining permit or amendment,
an annual or
final report, or
any
hearing or investigation
conducted by the
chief
or the
reclamation
environmental review appeals commission;
(D) Fail to perform any measure set forth in the approved
plan of mining and
reclamation that is necessary to prevent damage
to adjoining property or to
achieve a performance standard
required in division (A)(10) of section
1514.02 of the
Revised
Code, or violate any other requirement of this chapter, a rule
adopted
thereunder, or an order of the chief;
(E) Conduct surface excavations of minerals within any of
the
following:
(1) One hundred twenty feet horizontal distance outward from
the highwater
mark on each bank of an area designated as a wild,
scenic, or recreational
river area under sections 1517.14 to
1517.18 of the Revised Code or of a portion of a river
designated
as a component of the national wild and scenic river system under
the "Wild and Scenic Rivers Act," 82
Stat. 906 (1968), 16 U.S.C.
1274, as
amended;
(2) Seventy-five feet horizontal distance outward from the
highwater mark
on each bank of a watercourse that drains a surface
area of more than one
hundred square miles;
(3) Fifty feet horizontal distance outward from the
highwater mark on each
bank of a watercourse that drains a surface
area of more than twenty-five
square miles, but fewer than one
hundred square miles unless a variance is
obtained under rules
adopted by the chief.
(F) Conduct any surface mining activity within any of the
following:
(1) Seventy-five feet horizontal distance outward from the
highwater mark
on each bank of an area designated as a wild,
scenic, or recreational river
area under sections 1517.14 to
1517.18 of the Revised Code or of a portion of a river
designated
as a component of the national wild and scenic river system under
the "Wild and Scenic Rivers Act," 82
Stat. 906 (1968), 16 U.S.C.
1274, as
amended;
(2) Seventy-five feet horizontal distance outward from the
highwater mark
on each bank of a watercourse that drains a surface
area of more than one
hundred square miles;
(3) Fifty feet horizontal distance outward from the
highwater mark on each
bank of a watercourse that drains a surface
area of more than twenty-five
square miles, but fewer than one
hundred square miles unless a variance is
obtained under rules
adopted by the chief.
A person who has been issued a surface mining permit prior to
the effective
date of this amendment
March 15, 2002, may continue to operate under
that permit and shall not
be subject to the prohibitions
established in divisions (E) and
(F) of this section until the
permit is renewed.
The number of square miles of surface area that a watercourse
drains shall
be determined by consulting the "gazetteer of Ohio
streams," which is
a portion of the Ohio water plan inventory
published in 1960 by the
division of water in the department of
natural resources, or its successor, if
any.
(G)
Engage in any part of a process that is followed in the
production of minerals from the bottom of the channel of a
watercourse in any
of the following circumstances or areas:
(1) In an area designated as a wild, scenic, or recreational
river area under sections 1517.14 to 1517.18 of the Revised Code,
in a portion of a river designated as a component of the national
wild and
scenic river system under the
"Wild and
Scenic
Rivers
Act," 82
Stat. 906 (1968), 16 U.S.C. 1274,
as amended, or within
one-half
mile upstream of any portion of such an
area or
component;
(2) During periods other than periods of low flow, as
determined
by rules adopted under section 1514.08 of the Revised
Code;
(3) During critical fish or mussel spawning seasons as
determined by
the
chief of the division of wildlife under Chapter
1531. of the
Revised Code and rules
adopted
under it;
(4) In an area known to possess critical spawning habitat
for a
species of fish or mussel that is on the federal endangered
species
list
established in accordance with the "Endangered
Species
Act of
1973," 87 Stat. 884, 16 U.S.C. 1531-1543,
as
amended, or the state
endangered species list established in rules
adopted under section
1531.25 of the Revised Code.
Division (G) of this section does not apply to the activities
described in divisions (M)(1) and (2) of section 1514.01
of the
Revised Code.
Sec. 1519.05. (A) As used in this section, "local political
subdivision" and "nonprofit organization" have the same meanings
as in section 164.20 of the Revised Code.
(B) There is hereby created in the state treasury the clean
Ohio trail fund. Twelve and
one-half
per cent of the net proceeds
of obligations issued and
sold
pursuant to sections 151.01 and
151.09 of the Revised Code
shall
be deposited into the fund.
Investment earnings of the fund shall be credited to the
fund.
For two years after
the effective date of this section,
investment earnings credited to the fund and may be used to pay
costs
incurred by the director
of natural resources in
administering
this section.
Money in the clean Ohio trail fund shall not be used for the
appropriation of land, rights, rights-of-way, franchises,
easements, or other property through the exercise of the right of
eminent domain.
The director shall use moneys in the fund exclusively to
provide matching grants to nonprofit organizations and to local
political
subdivisions for the purposes of purchasing land or
interests in
land for recreational trails and for the construction
of such
trails. A matching grant may provide up to seventy-five
per cent
of the cost of a recreational trail project, and the
recipient of
the matching grant shall provide not less than
twenty-five per
cent of that cost.
(C) The director shall establish policies for the purposes
of this section.
The policies shall establish all of the
following:
(1) Procedures for providing matching grants to nonprofit
organizations and local political subdivisions for the purposes of
purchasing land or interests in land for recreational trails and
for the construction of such trails, including, without
limitation, procedures for both of the following:
(a) Developing a grant application form and soliciting,
accepting, and approving grant applications;
(b) Participation by nonprofit organizations and local
political subdivisions in the application process.
(2) A requirement that an application for a matching grant
for a recreational trail project include a copy of a resolution
supporting the project from each county in which the proposed
project is to be conducted and whichever of the following is
applicable:
(a) If the proposed project is to be conducted wholly
within
the geographical boundaries of one township, a copy of a
resolution supporting the project from the township;
(b) If the proposed project is to be conducted wholly
within
the geographical boundaries of one municipal corporation, a
copy
of a resolution supporting the project from the municipal
corporation;
(c) If the proposed project is to be conducted in more than
one, but fewer than five townships or municipal corporations, a
copy of a resolution supporting the project from at least one-half
of the total number of townships and municipal corporations in
which the proposed project is to be conducted;
(d) If the proposed project is to be conducted in five or
more municipal corporations, a copy of a resolution supporting the
project from at least three-fifths of the total number of
townships and municipal corporations in which the proposed project
is to be conducted.
(3)
Eligibility criteria that must be satisfied by an
applicant in order to receive a matching grant and that emphasize
the following:
(a) Synchronization with the statewide trail plan;
(b) Complete regional systems and links to the statewide
trail system;
(c) A combination of funds from various state agencies;
(d) The provision of links in urban areas that support
commuter access and show economic impact on local communities;
(e) The linkage of population centers with public outdoor
recreation areas and facilities;
(f) The purchase of rail lines that are linked to the
statewide trail plan;
(g) The preservation of natural corridors.
(4) Items of value, such as in-kind contributions of land,
easements or other interests in land, labor, or materials, that
may be considered as contributing toward the percentage of the
cost of a recreational trails project that must be provided by a
matching grant recipient.
Sec. 1521.06. (A) No dam may be constructed for the
purpose of storing, conserving, or retarding water, or for any
other purpose, nor shall any dike or levee be constructed for the
purpose of diverting or retaining flood water, unless the person
or governmental agency desiring the construction has a
construction permit for the dam, dike, or levee issued by the
chief of the division of water.
A construction permit is not required under this section
for:
(1) A dam which that is or will be less than ten feet in height
and which that has or will have a storage capacity of not more than
fifty acre-feet at the elevation of the top of the dam, as
determined by the chief. For the purposes of this section, the
height of a dam shall be measured from the natural stream bed or
lowest ground elevation at the downstream or outside limit of the
dam to the elevation of the top of the dam.
(2) A dam, regardless of height, which that has or will have a
storage capacity of not more than fifteen acre-feet at the
elevation of the top of the dam, as determined by the chief;
(3) A dam, regardless of storage capacity, which that is or
will be six feet or less in height, as determined by the chief;
(4) A dam, dike, or levee which that belongs to a class
exempted by the chief;
(5) The repair, maintenance, improvement, alteration, or
removal of a dam, dike, or levee which that is subject to section
1521.062 of the Revised Code, unless the construction constitutes
an enlargement of the structure as determined by the chief;
(6) A dam or impoundment constructed under Chapter 1513.
of the Revised Code.
(B) Before a construction permit may be issued, three
copies of the plans and specifications, including a detailed cost
estimate, for the proposed construction, prepared by a registered
professional engineer, together with the filing fee specified by
this section and the bond or other security required by section
1521.061 of the Revised Code, shall be filed with the chief. The
detailed estimate of the cost shall include all costs associated
with the construction of the dam, dike, or levee, including
supervision and inspection of the construction by a registered
professional engineer. Except for a political subdivision, the
The filing fee shall be based on the detailed cost estimate for the
proposed construction as filed with and approved by the chief,
and shall be determined by the following schedule unless otherwise provided by rules adopted under this section:
(1) For the first one hundred thousand dollars of
estimated cost, a fee of two four per cent;
(2) For the next four hundred thousand dollars of
estimated cost, a fee of one and one-half three per cent;
(3) For the next five hundred thousand dollars of
estimated cost, a fee of one two per cent;
(4) For all costs in excess of one million dollars, a fee
of one-quarter one-half of one per cent.
In no case shall the filing fee be less than two hundred
one thousand dollars or more than fifty one hundred thousand dollars. If the actual cost
exceeds the estimated cost by more than fifteen per cent, an
additional filing fee shall be required equal to the fee
determined by the preceding schedule less the original filing
fee. The filing fee for a political subdivision shall be two
hundred dollars. All fees collected pursuant to this section,
and all fines collected pursuant to section 1521.99 of the
Revised Code, shall be deposited in the state treasury to the
credit of the dam safety fund, which is hereby created.
Expenditures from the fund shall be made by the chief for the
purpose of administering this section and sections 1521.061 and
1521.062 of the Revised Code.
(C) The chief shall, within thirty days from the date of
the receipt of the application, fee, and bond or other security,
issue or deny a construction permit for the construction or may
issue a construction permit conditioned upon the making of such
changes in the plans and specifications for the construction as
he the chief considers advisable if he the chief
determines that the construction of
the proposed dam, dike, or levee, in accordance with the plans
and specifications filed, would endanger life, health, or
property.
(D) The chief may deny a construction permit if he finds after
finding
that a dam, dike, or levee built in accordance with the plans and
specifications would endanger life, health, or property, because
of improper or inadequate design, or for such other reasons as
the chief may determine.
In the event the chief denies a permit for the construction
of the dam, dike, or levee, or issues a permit conditioned upon a
making of changes in the plans or specifications for the
construction, he the chief shall state his the reasons
therefor and
so notify,
in writing, the person or governmental agency making the
application for a permit. If the permit is denied, the chief
shall return the bond or other security to the person or
governmental agency making application for the permit.
The decision of the chief conditioning or denying a
construction permit is subject to appeal as provided in Chapter
119. of the Revised Code. A dam, dike, or levee built
substantially at variance from the plans and specifications upon
which a construction permit was issued is in violation of this
section. The chief may at any time inspect any dam, dike, or
levee, or site upon which any dam, dike, or levee is to be
constructed, in order to determine whether it complies with this
section.
(E) A registered professional engineer shall inspect the
construction for which the permit was issued during all phases of
construction and shall furnish to the chief such regular reports
of his the engineer's inspections as the chief may require.
When the chief
finds that construction has been fully completed in accordance
with the terms of the permit and the plans and specifications
approved by him the chief, he the chief shall
approve the construction. When one
year has elapsed after approval of the completed construction,
and the chief finds that within this period no fact has become
apparent to indicate that the construction was not performed in
accordance with the terms of the permit and the plans and
specifications approved by the chief, or that the construction as
performed would endanger life, health, or property, he the chief
shall
release the bond or other security. No bond or other security
shall be released until one year after final approval by the
chief, unless the dam, dike, or levee has been modified so that
it will not retain water and has been approved as nonhazardous
after determination by the chief that the dam, dike, or levee as
modified will not endanger life, health, or property.
(F) When inspections required by this section are not
being performed, the chief shall notify the person or
governmental agency to which the permit has been issued that
inspections are not being performed by the registered
professional engineer and that the chief will inspect the
remainder of the construction. Thereafter, the chief shall
inspect the construction and the cost of inspection shall be
charged against the owner. Failure of the registered
professional engineer to submit required inspection reports shall
be deemed notice that his the engineer's inspections are not
being performed.
(G) The chief may order construction to cease on any dam,
dike, or levee which that is being built in violation of the
provisions of this section, and may prohibit the retention of
water behind any dam, dike, or levee which that has been built in
violation of the provisions of this section. The attorney
general, upon written request of the chief, may bring an action
for an injunction against any person who violates this section or
to enforce an order or prohibition of the chief made pursuant to
this section.
(H) The chief may adopt rules in accordance with Chapter
119. of the Revised Code, for the design and construction of
dams, dikes, and levees for which a construction permit is
required by this section or for which periodic inspection is
required by section 1521.062 of the Revised Code, for establishing a filing fee schedule in lieu of the schedule established under division (B) of this section, for deposit and
forfeiture of bonds and other securities required by section
1521.061 of the Revised Code, for the periodic inspection,
operation, repair, improvement, alteration, or removal of all
dams, dikes, and levees, as specified in section 1521.062 of the
Revised Code, and for establishing classes of dams, dikes, or
levees which that are exempt from the requirements of sections 1521.06
and 1521.062 of the Revised Code as being of a size, purpose, or
situation which that does not present a substantial hazard to life,
health, or property. The chief may, by rule, limit the period
during which a construction permit issued under this section is
valid. If a construction permit expires before construction is
completed, the person or agency shall apply for a new permit, and
shall not continue construction until the new permit is issued.
(I) As used in this section and section 1521.063 of the
Revised Code, "political subdivision" includes townships,
municipal corporations, counties, school districts, municipal
universities, park districts, sanitary districts, and conservancy
districts and subdivisions thereof.
Sec. 1521.063. (A) Except for a political subdivision the federal government,
the owner of any dam subject to section 1521.062 of the Revised
Code shall pay an annual fee, based upon the height of the dam,
to the division of water on or before June 30, 1988, and on or
before the thirtieth day of June of each succeeding year. The
annual fee shall be as follows until otherwise provided by rules adopted under this section:
(1) For any dam classified as a class I dam under rules
adopted by the chief of the division of water under section
1521.06 of the Revised Code, thirty dollars plus three ten dollars
per foot of height of dam;
(2) For any dam classified as a class II dam under those
rules, thirty dollars plus one dollar per foot of height of dam;
(3) For any dam classified as a class III dam under those
rules, thirty dollars.
For purposes of this section, the height of a dam is the
vertical height, to the nearest foot, as determined by the
division under section 1521.062 of the Revised Code. All fees
collected under this section shall be deposited in the dam safety
fund created in section 1521.06 of the Revised Code. Any owner
who fails to pay any annual fee required by this section within
sixty days after the due date shall be assessed a penalty of ten
per cent of the annual fee plus interest at the rate of one-half
per cent per month from the due date until the date of payment.
(B) The chief shall, in accordance with Chapter 119. of
the Revised Code, adopt, and may amend or rescind, rules for the
collection of fees and the administration, implementation, and
enforcement of this section and for the establishment of an annual fee schedule in lieu of the schedule established under division (A) of this section.
(C)(1) No person, political subdivision, or state governmental agency shall violate or
fail to comply with this section or any rule or order adopted or
issued under it.
(2) The attorney general, upon written request of the
chief, may commence an action against any such violator. Any
action under division (C)(2) of this section is a civil action.
(D) As used in this section, "political subdivision" includes townships,
municipal corporations, counties, school districts, municipal
universities, park districts, sanitary districts, and conservancy
districts and subdivisions thereof.
Sec. 1531.26. There is hereby created in the state
treasury the nongame and endangered wildlife fund, which shall
consist of moneys paid into it by the tax commissioner under
section 5747.113 of the Revised Code, moneys deposited in the fund
from the issuance of wildlife conservation license plates under section
4503.57 of the Revised Code,
moneys deposited in the fund from the issuance of bald eagle license plates
under section 4503.572 of the Revised Code,
moneys credited to the fund under section 1533.151 of the Revised Code, and of contributions made
directly to it. Any person may contribute directly to the fund
in addition to or independently of the income tax refund
contribution system established in section 5747.113
of the Revised Code. Moneys in the
fund shall be disbursed pursuant to vouchers approved by the
director of natural resources for use by the division of wildlife
solely for the purchase, management, preservation, propagation,
protection, and stocking of wild animals that are not commonly
taken for sport or commercial purposes, including the acquisition of title and
easements to lands, biological investigations, law
enforcement, production of educational materials, sociological surveys,
habitat development, and personnel and equipment costs; and for carrying out
section 1531.25 of the Revised
Code. Moneys in the fund also may be used to promote and develop
nonconsumptive wildlife recreational opportunities involving wild animals.
Moneys in the fund from the issuance of bald eagle license
plates under section 4503.572 of the Revised Code shall be expended by the division only to
pay the costs of acquiring, developing, and restoring habitat for bald eagles
within this
state. Moneys in the fund from any other source also may be used to pay the
costs of acquiring, developing, and restoring habitat for bald eagles within
this state.
All investment earnings of the fund shall be credited to
the fund. Subject to the approval of the director, the chief of
the division of wildlife may enter into agreements that the chief considers
appropriate to obtain additional moneys for the protection of
nongame native wildlife under the "Endangered Species Act of
1973," 87 Stat. 884, 16 U.S.C.A. 1541-1543, as amended, and the
"Fish and Wildlife Conservation Act of 1980," 94 Stat. 1322, 16
U.S.C.A. 2901-2911, as amended. Moneys appropriated from the
fund are not intended to replace other moneys appropriated for
these purposes.
Sec. 1533.08. Except as otherwise provided by division rule, any person
desiring to collect wild animals that are protected by law or their nests or
eggs for scientific
study, school instruction, other educational uses, or rehabilitation shall
make application to the chief of the division of wildlife for a
wild animal collecting permit on a form furnished by the chief. Each
applicant for a wild animal collecting permit, other than an
applicant desiring to rehabilitate wild animals, shall pay an
annual fee of ten twenty-five dollars for each permit. No fee shall be charged to an
applicant desiring to rehabilitate wild animals. When it appears
that the application is made in good faith, the chief shall issue to the
applicant a permit to take, possess, and transport at any time
and in any manner specimens of wild animals protected by law or
their nests and eggs for scientific study, school instruction,
other educational uses, or rehabilitation and under any additional
rules recommended by the wildlife council. Upon the receipt of a
permit, the holder may take, possess, and transport those
wild animals in accordance with the permit.
Each holder of a permit engaged in collecting such wild
animals shall carry the permit at all times
and shall exhibit it upon demand to any wildlife officer, constable, sheriff,
deputy sheriff, or police officer, to the owner or person in
lawful control of the land upon which the permit holder is
collecting, or to any other person. Failure to so carry or exhibit the permit
constitutes an offense under this section.
Each permit holder shall keep a daily record of all
specimens collected under the permit and the disposition of the
specimens and shall exhibit the daily record to any official of
the division upon demand.
Each permit shall remain in effect for one year from
the date of issuance unless it is revoked sooner by the chief.
All moneys received as fees for the issuance of a wild
animal collecting permit shall be transmitted to the director
of natural resources to be paid into the state treasury to the
credit of the fund created by section 1533.15 of the Revised
Code.
Sec. 1533.10. Except as provided in this section or
division (A) of section 1533.12 of the Revised Code, no person
shall hunt any wild bird or wild quadruped without a hunting
license. Each day that any person hunts within the state without
procuring such a license constitutes a separate offense. Every
Except as otherwise provided in this section, every applicant for a hunting license who is a resident of the state
and sixteen years of age or more shall
procure a resident hunting license,
the fee for which shall be fourteen eighteen dollars, unless the rules
adopted under division (B) of section 1533.12 of the Revised Code
provide for issuance of a resident hunting license to the
applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior hunting license, the fee for which shall be one-half of the regular hunting license fee. Every applicant who is a resident of
the state and under the age of sixteen years shall procure a
special youth hunting license, the fee for which shall be
one-half of the regular hunting license fee. The owner of lands in the
state and the
owner's children of any
age and grandchildren under eighteen years of age may hunt
on the lands
without a hunting license. The tenant or manager and children of
the tenant or manager, residing on lands in the state, may hunt
on them without a hunting license. Every applicant for
a hunting
license who is a nonresident of the state shall procure a
nonresident hunting license, the fee for which shall be ninety
one hundred twenty-four dollars, unless the applicant is a resident of a state that is a
party to an agreement under section 1533.91 of the Revised Code,
in which case the fee shall be fourteen eighteen dollars.
The chief of the division of wildlife may issue a tourist's
small game hunting license expiring three days from the effective
date of the license to a nonresident of the state, the fee for
which shall be twenty-four thirty-nine dollars. No person shall take or
possess deer, wild turkeys, fur-bearing animals, ducks, geese, brant,
or any nongame animal while
possessing only a
tourist's small game hunting license. A tourist's
small game hunting license does not authorize the taking or possessing of
ducks, geese, or brant without having obtained, in addition to
the tourist's small game hunting license, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code. A tourist's
small game hunting license does not authorize the taking
or possessing of deer, wild turkeys, or fur-bearing animals. A
nonresident of the state who wishes to take or possess deer,
wild turkeys, or fur-bearing animals in this state shall
procure, respectively, a special deer or wild turkey permit as
provided in section 1533.11 of the Revised Code or a fur
taker permit as provided in section 1533.111 of the Revised
Code in addition to a nonresident hunting license as provided in this
section.
No person shall procure or attempt to procure a hunting
license by fraud, deceit, misrepresentation, or any false
statement.
This section does not authorize the taking and possessing
of deer or wild turkeys without first having obtained, in
addition to the hunting license required by this section, a
special deer or wild turkey permit as provided in section 1533.11
of the Revised Code or the taking and possessing of ducks, geese,
or brant without first having obtained, in addition to the
hunting license required by this section, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code.
This section does not authorize the hunting or trapping of
fur-bearing animals without first having obtained, in addition to
a hunting license required by this section, a fur taker permit as
provided in section 1533.111 of the Revised Code.
No hunting license shall be issued unless it is accompanied by a written
explanation of the law in section 1533.17
of the Revised Code and the penalty for its
violation, including a description of terms of imprisonment and fines that may
be imposed.
No hunting license shall be issued unless the applicant
presents to the agent authorized to issue the license a
previously held hunting license or evidence of having held such a
license in content and manner approved by the chief, a
certificate of completion issued upon completion of a hunter
education and conservation course approved by the chief, or
evidence of equivalent training in content and manner approved by
the chief.
No person shall issue a hunting license to any person who
fails to present the evidence required by this section. No
person shall purchase or obtain a hunting license without
presenting to the issuing agent the evidence required by this
section. Issuance of a hunting license in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained hunting license and the clerk or agent
who issued the hunting license. Any hunting license issued in
violation of this section is void.
The chief, with approval of the wildlife council, shall
adopt rules prescribing a hunter education and conservation
course for first-time hunting license buyers and for volunteer
instructors. The course shall consist of subjects including, but
not limited to, hunter safety and health, use of hunting
implements, hunting tradition and ethics, the hunter and
conservation, the law in section 1533.17
of the Revised Code along with the penalty for
its
violation, including a description of terms of imprisonment and fines that may
be imposed, and other law relating to hunting.
Authorized
personnel of the division or volunteer instructors approved by
the chief shall conduct such courses with such frequency and at
such locations throughout the state as to reasonably meet the
needs of license applicants. The chief shall issue a certificate
of completion to each person who successfully completes the
course and passes an examination prescribed by the chief.
Sec. 1533.101. Any person who has been issued a hunting or
fishing license, a wetlands habitat stamp, a deer or wild turkey
permit, or a fur taker
permit for the current license, stamp, or permit year or
for the license, stamp,
or permit year next preceding the current such year pursuant to
this chapter, and if the license, stamp, or permit has
been lost,
destroyed, or stolen, may be issued a reissued hunting or fishing
license, wetlands habitat stamp, deer or wild turkey permit, or
fur taker permit. The
person shall file with the clerk of the court of common pleas an
application in affidavit form or, if the chief of the division of wildlife
authorizes it, apply for a reissued license, stamp, or permit to an authorized
agent designated by the chief, and pay a fee for each
license, stamp, or
permit of two four dollars plus one dollar to the clerk
or agent, who shall
issue a reissued license, stamp, or permit that shall allow
the applicant
to hunt, fish, or trap, as the case may be. The clerk or agent shall
administer the oath to the applicant and shall send a copy of the
reissued license, stamp, or permit to the division of
wildlife.
All moneys received as fees for the issuance of reissued
licenses, stamps, or permits shall be transmitted to the
director of
natural resources to be paid into the state treasury to the
credit of the funds to which the fees for the original licenses,
stamps,
and permits were credited.
No person shall knowingly or willfully secure, attempt to
secure, or use a reissued hunting or fishing license, wetlands habitat
stamp, deer or
wild turkey permit, or fur taker permit to which the person
is not entitled. No person shall knowingly or willfully issue a
reissued hunting or fishing license, wetlands habitat stamp,
deer or wild turkey permit,
or fur taker permit under this section to any person who is not
entitled to receive and use such a reissued license, stamp,
or permit.
Sec. 1533.11. (A) Except as provided in this section, no
person shall hunt deer on lands of another without first
obtaining an annual special deer permit. Except as provided in
this section, no person shall hunt wild turkeys on lands of
another without first obtaining an annual special wild turkey
permit. Each applicant for a special deer or wild turkey permit
shall pay an annual fee of nineteen twenty-three dollars for each permit,
together with the one-dollar as a fee to the clerk or other issuing
agent established in section 1533.13 of the Revised Code, for the permit unless the rules adopted under division (B)
of section 1533.12 of the Revised Code provide for issuance of a
deer or wild turkey permit to the applicant free of charge.
Except as provided in division (A) of section 1533.12 of the
Revised Code, a deer or wild turkey permit shall run concurrently
with the hunting license. The money received, other than the
one-dollar issuing agent's fee provided for above, shall be paid into the state
treasury to the credit of the wildlife fund, created in section
1531.17 of the Revised Code, exclusively for the use of the
division of wildlife in the acquisition and development of land
for deer or wild turkey management, for investigating deer or
wild turkey problems, and for the stocking, management, and
protection of deer or wild turkey. Every person, while hunting
deer or wild turkey on lands of another, shall carry the
person's special deer or wild turkey permit and exhibit it
to any enforcement officer so requesting. Failure to so carry and
exhibit such a permit constitutes an offense under this section.
The chief of the division of wildlife shall adopt any additional
rules the chief considers necessary to carry out this section
and section 1533.10 of the Revised Code.
The owner and the children of the owner of lands in this
state may hunt deer or wild turkey thereon without a special deer
or wild turkey permit. The tenant or manager and children of the
tenant or manager may hunt deer or wild turkey on lands where
they reside without a special deer or wild turkey permit.
(B) A special deer or wild turkey permit is not
transferable. No person shall carry a special deer or wild
turkey permit issued in the name of another person.
(C) The wildlife refunds fund is hereby created in the
state treasury. The fund shall consist of money received from
application fees for special deer permits that are not issued.
Money in the fund shall be used to make refunds of such
application fees.
Sec. 1533.111. Except as provided in this section or
division (A) of section 1533.12 of the Revised Code, no person
shall hunt or trap fur-bearing animals on land of another without
first obtaining an annual fur taker permit. Each applicant for a
fur taker permit shall pay an annual fee of ten fourteen dollars, together
with one dollar as a fee to the clerk or other issuing agent, for
the permit, except as otherwise provided in this section or
unless the rules adopted under division (B) of section 1533.12 of
the Revised Code provide for issuance of a fur taker permit to
the applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior fur taker permit, the fee for which shall be one-half of the regular fur taker permit fee and which shall be paid together with the one-dollar fee to the clerk or other issuing agent established in section 1533.13 of the Revised Code. Each applicant who is a resident
of the state and under the age of sixteen years shall procure a
special youth fur taker permit, the fee for which shall be
one-half of the regular fur taker permit fee and which shall be
paid together with the one-dollar as a fee to the clerk or other
issuing agent established in section 1533.13 of the Revised Code. The fur taker permit shall run concurrently with
the hunting license. The money received, other than the one-
dollar issuing agent's fee provided for in this section, shall be paid into the
state treasury to the credit of the fund established in section
1533.15 of the Revised Code.
No fur taker permit shall be issued unless it is accompanied by a written
explanation of the law in section 1533.17
of the Revised Code and the penalty for its
violation, including a description of terms of imprisonment and fines that may
be imposed.
No fur taker permit shall be issued unless the applicant
presents to the agent authorized to issue a fur taker permit a
previously held hunting license or trapping or fur taker permit
or evidence of having held such a license or permit in content and
manner approved by the chief of the division of wildlife, a
certificate of completion issued upon completion of a trapper
education course approved by the chief, or evidence of equivalent
training in content and manner approved by the chief.
No person shall issue a fur taker permit to any person who
fails to present the evidence required by this section. No
person shall purchase or obtain a fur taker permit without
presenting to the issuing agent the evidence required by this
section. Issuance of a fur taker permit in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained permit and the clerk or agent who
issued the permit. Any fur taker permit issued in violation of
this section is void.
The chief, with approval of the wildlife council, shall
adopt rules prescribing a trapper education course for first-time
fur taker permit buyers and for volunteer instructors. The
course shall consist of subjects that include, but are not
limited to, trapping techniques, animal habits and
identification, trapping tradition and ethics, the trapper and
conservation, the law in section 1533.17
of the Revised Code along with the penalty for
its violation, including a description of terms of imprisonment and fines that
may be imposed, and other law relating to
trapping. Authorized
personnel of the division of wildlife or volunteer instructors
approved by the chief shall conduct the courses with such
frequency and at such locations throughout the state as to
reasonably meet the needs of permit applicants. The chief shall
issue a certificate of completion to each person who successfully
completes the course and passes an examination prescribed by the
chief.
Every person, while hunting or trapping fur-bearing
animals on lands of another, shall carry the person's fur
taker permit affixed to the person's hunting license with
the person's signature written across
the face of the permit. Failure to carry such a signed permit
constitutes an offense under this section. The chief shall adopt any
additional rules the chief considers necessary to carry
out this section.
The owner and the children of the owner of lands in this
state may hunt or trap fur-bearing animals thereon without a fur
taker permit. The tenant or manager and children of the tenant
or manager may hunt or trap fur-bearing animals on lands
where they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall
carry a fur taker permit issued in the name of another person.
A fur taker permit entitles a nonresident to take
from this state fur-bearing animals taken and possessed by the
nonresident as provided by law or division rule.
Sec. 1533.112. Except as provided in this
section or unless otherwise provided by division rule, no
person shall hunt ducks, geese, or brant on the lands of another
without first obtaining an annual wetlands habitat stamp. The
annual fee for the wetlands habitat stamp shall be ten fourteen dollars
for each stamp, together with the one-dollar as a fee to the clerk or
other issuing agent established in section 1533.13 of the Revised Code, unless the rules adopted under division (B)
of section 1533.12 provide for issuance of a wetlands habitat
stamp to the applicant free of charge.
Moneys received from the stamp fee, other than the one-
dollar clerk's issuing agent's fee, shall be paid into the state treasury to the
credit of the wetlands habitat fund, which is hereby established.
Moneys shall be paid from the fund on the order of the director
of natural resources for the following purposes:
(A) Sixty per cent for projects that the division approves
for the acquisition, development, management, or preservation of
waterfowl areas within the state;
(B) Forty per cent for contribution by the division to an
appropriate nonprofit organization for the acquisition,
development, management, or preservation of lands and waters
within the United States or Canada that provide or will provide habitat for waterfowl
with migration routes that cross this state.
No moneys derived from the issuance of wetlands habitat
stamps shall be spent for purposes other than those specified by
this section. All investment earnings of the fund shall be
credited to the fund.
Wetlands habitat stamps shall be furnished by and in a form prescribed
by the chief of
the division of wildlife and issued by clerks and other agents
authorized to issue licenses and permits under section 1533.13 of
the Revised Code. The record of stamps kept by the clerks and
other agents shall be uniform throughout the state, in such form
or manner as the director prescribes, and open at all reasonable
hours to the inspection of any person. Unless otherwise
provided by rule, each stamp
shall remain
in force until midnight of the thirty-first day of August next
ensuing. Wetlands habitat stamps may be issued in any manner to
any person on any date, whether or not that date is within the
period in which they are effective.
Every person to whom this section applies, while hunting
ducks, geese, or brant, shall carry an unexpired wetlands habitat
stamp that is validated by the person's signature written on
the stamp in
ink and shall exhibit the stamp to any enforcement officer so
requesting. No person shall fail to carry and exhibit the
person's stamp.
A wetlands habitat stamp is not transferable.
The chief shall establish a procedure to obtain subject
matter to be printed on the wetlands habitat stamp and shall use,
dispose of, or distribute the subject matter as the chief
considers
necessary. The chief also shall adopt
rules necessary to
administer this section.
This section does not apply to persons under sixteen years
of age nor to persons exempted from procuring a hunting license
under section 1533.10 or division (A) of section 1533.12 of the
Revised Code.
Sec. 1533.12. (A) Every person on active duty in the
armed forces of the United States, while on leave or furlough,
may take or catch fish of the kind lawfully permitted to be taken
or caught within the state, may hunt any wild bird or wild
quadruped lawfully permitted to be hunted within the state, and
may trap fur-bearing animals lawfully permitted to be trapped
within the state, without procuring a fishing license, a hunting
license, a fur taker permit, or a wetlands habitat stamp required
by this chapter, provided that the person shall carry on self the person when
fishing, hunting, or trapping, a card or other
evidence identifying the person as
being on active duty in the armed
forces of the United States, and provided that the person is not
otherwise violating any of the hunting, fishing, and trapping
laws of this state.
In order to hunt deer or wild turkey, any such person shall
obtain a special deer or wild turkey permit, as applicable, under
section 1533.11 of the Revised Code. However, the person need
not obtain a hunting license in order to obtain such a permit.
(B) The chief of the division of wildlife shall provide by
rule adopted under section 1531.10 of the Revised Code all of
the following:
(1) Every resident of this state with a disability that
has been determined by the veterans administration to be
permanently and totally disabling, who receives a pension or
compensation from the veterans administration, and who received
an honorable discharge from the armed forces of the United
States, and every veteran to whom the registrar of motor vehicles
has issued a set of license plates under section 4503.41 of the
Revised Code, shall be issued an annual fishing license, hunting
license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge when application is made to
the chief in the manner prescribed by and on forms provided by
the chief.
(2) Every resident of the state who is sixty-six years of
age or older was born on or before December 31, 1937, shall be issued an annual fishing license, hunting
license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge when application is made to
the chief in the manner prescribed by and on forms provided by
the chief.
(3) Every resident of state or county institutions,
charitable institutions, and military homes in this state shall
be issued an annual fishing license free of charge when
application is made to the chief in the manner prescribed by and
on forms provided by the chief.
(4) Any mobility impaired or blind person, as defined in
section 955.011 of the Revised Code, who is a resident of this state and who is
unable to engage in fishing without the assistance of another
person shall be issued an annual
fishing license free of charge when application is made to the
chief in the manner prescribed by and on forms provided by the
chief. The person who is assisting the mobility
impaired or blind person may
assist in taking or catching fish of the kind permitted to be
taken or caught without procuring the license required under
section 1533.32 of the Revised Code, provided that only one line
is used by both persons.
(5) As used in division (B)(5) of this section,
"prisoner of war" means any regularly appointed, enrolled, enlisted, or
inducted member of the military forces of the United States who was captured,
separated, and incarcerated by an enemy of the United States.
Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state shall be issued an annual fishing license, hunting license,
fur taker permit, or wetlands habitat stamp, or any combination
of those licenses, permits, and stamp, free of charge when
application is made to the chief in the manner prescribed by and
on forms provided by the chief.
(C) The chief shall adopt rules pursuant to section
1531.08 of the Revised Code designating not more than two days,
which need not be consecutive, in each year as "free sport
fishing days" on which any resident may exercise the privileges
accorded the holder of a fishing license issued under section
1533.32 of the Revised Code without procuring such a license,
provided that the person is not otherwise violating any of the
fishing laws of this state.
Sec. 1533.13. Hunting and fishing licenses, wetlands habitat
stamps, deer and wild
turkey permits, and fur taker permits shall
be issued by the
clerk of the court of common pleas, village and
township clerks,
and other authorized agents designated by the
chief of the
division of wildlife. When
required by the chief, a
clerk or agent shall give bond in the
manner provided by the
chief. All bonds, reports, except records
prescribed by the
auditor of state, and moneys received by those
persons shall be
handled under rules adopted by the director of
natural resources.
The premium
of any bond prescribed by the chief
under this
section may be paid by the chief. Any person who is
designated
and authorized by the chief to issue licenses,
stamps,
and
permits
as provided in this section, except the clerk of the
court of
common pleas and the village and township clerks, shall
pay to the
chief a premium in an amount that represents the
person's portion
of the premium paid by the chief under this
section,
which amount
shall be established by the chief and
approved by
the wildlife
council created under section 1531.03 of
the Revised
Code. The
chief shall pay all moneys that the chief
receives as premiums
under this section into the state treasury to
the credit
of the
wildlife fund created under section 1531.17 of
the Revised
Code.
Every authorized agent, for the purpose of issuing hunting
and fishing licenses, deer and wild
turkey permits, and fur taker
permits, may administer oaths to and
take affidavits from
applicants for the licenses or permits when
required. An
authorized agent may appoint deputies to perform any
acts that
the
agent is authorized to perform, consistent with
division
rules.
Every applicant for a hunting or fishing license, deer or
wild turkey permit, or fur taker permit,
unless otherwise provided
by division rule, shall make and
subscribe
an affidavit setting
forth the applicant's name, age,
weight, height,
occupation, place
of residence, personal
description, and
citizenship. The clerk or
other agent authorized
to issue
licenses, stamps, and permits shall charge
each applicant
a fee of one
dollar
for taking the affidavit and
issuing the license, stamp, or
permit unless a different fee for the issuance of a fishing license is established in division rule as authorized by section 1533.32 of the Revised Code. The application, license, permit,
and other blanks
required by this section shall be prepared and
furnished by the
chief, in
such form as the chief provides, to the
clerk or other
agent
authorized to issue them. The licenses and
permits
shall be
issued to applicants by the clerk or other agent.
The
record of
licenses and permits kept by the clerk and
other
authorized
agents
shall be uniform throughout the state and
in
such form or
manner
as the auditor of state prescribes and
shall
be open at
all
reasonable hours to the inspection of any
person.
Unless
otherwise provided by division rule, each
hunting
license,
deer or
wild turkey permit, and
fur taker permit
issued shall
remain in
force until midnight of
the thirty-first
day of August
next
ensuing. Application for any
such license or
permit may be
made
and a license
or permit issued prior to the
date upon which
it
becomes
effective.
The chief may require an applicant who wishes to purchase a
license, stamp,
or permit by mail or telephone to pay a nominal
fee for postage and handling.
The court before whom a violator of any laws or division
rules for the protection of wild animals is tried, as a part of
the punishment, shall revoke the license, stamp, or
permit of any
person
convicted. The license, stamp, or permit fee paid by
that
person shall
not be returned to the person. The person shall not
procure or
use any other license, stamp, or permit or engage in
hunting wild animals
or trapping fur-bearing animals during the
period of revocation
as ordered by the court.
No person under sixteen years of age shall engage in
hunting
unless accompanied by the person's parent or another
adult person.
Sec. 1533.151. The chief of the division of wildlife, with
the approval of the director of natural resources, is hereby
authorized to may print and issue stamps portraying wild animals of
the state. This stamp shall be identified as a wildlife
conservation stamp and the. The fee for each stamp shall be five
dollars not more than the fee for a wetlands habitat stamp issued under section 1533.112 of the Revised Code together with the one-dollar fee to the issuing agent established in section 1533.13 of the Revised Code unless otherwise provided by division rule.
The purchase of wildlife conservation stamps shall provide
no privileges to the purchaser, but merely recognizes such the person
as voluntarily contributing to the management, protection, and
the perpetuation of the wildlife resources of the state. All
moneys received from the sale of wildlife conservation stamps
shall be paid into the state treasury to the credit of the nongame and endangered
wildlife fund to be used exclusively by the division of wildlife
for the purposes outlined in section 1533.15 1531.26 of the Revised Code
and for the management of all forms of wildlife for its
ecological and non-consumptive recreational value.
Sec. 1533.19. Except as otherwise provided by division
rule, recognized field trial clubs may shoot domestically raised
quails, chukar partridges, ducks, pheasants, or other game birds
and common pigeons at any time during the daylight hours from
the first day of September to the thirtieth day of April of the
following year, both dates inclusive. Such domestically raised
quails, chukar partridges, ducks, pheasants, and other game birds
shall be banded prior to release and approved by the division of
wildlife for field trial use, provided that permission
for the holding of such a trial shall be obtained from the division.
Permission shall be requested in writing at least thirty days in
advance of the trial. The request shall contain the name of
the recognized field trial club and the names of its officers,
the date and location of the trial, and the name of the licensed
breeders from whom the quails, chukar partridges, ducks,
pheasants, or other game birds will be obtained. The division
may grant a written permit when it is satisfied that the trial is
a bona fide one conducted by a bona fide club under this section.
When an application is approved, a permit shall be issued after
the payment of a fee of twenty-five fifty dollars for each day upon
which the trials are conducted. Participants in such trials
need not possess a hunter's license while participating in the
trials. The division shall supervise all such trials and shall
enforce all laws and division rules governing them. If unbanded
quails, chukar partridges, ducks, pheasants, or other game birds
are accidentally shot during such trials, they immediately shall be replaced
by the club by the releasing of an equal number of
live quails, chukar partridges, ducks, pheasants, or other game
birds under the supervision of the division.
Sec. 1533.23. No person shall deal in or buy green or
dried furs, skins, or parts thereof, taken from fur-bearing
animals of the state, except domesticated rabbits, without a fur
dealer's permit. Every applicant for a fur dealer's permit shall
make and subscribe a statement setting forth his the applicant's
name, place of
residence, and whom he the applicant represents. Every
applicant for a
dealer's permit who is a nonresident of the state, or who is a
resident of the state and is an agent or representative of a
nonresident person, firm, or corporation, shall pay an annual fee
of two hundred dollars to the chief of the division of wildlife
issuing such permit, and every applicant for a dealer's permit who
is a resident of the state shall pay an annual fee of fifty
seventy-five dollars to the chief of the division of wildlife issuing such
permit, and every. Every fur dealer shall operate under such additional
regulations rules as are provided by the chief of the division of
wildlife. The chief shall pay such the fees into the state treasury
to the credit of the fund created by section 1533.15 of the
Revised Code for the use of the division of wildlife in the purchase,
preservation, protection, and stocking of fur-bearing animals and
for the necessary clerical help and forms required by this
section and section 1533.24 of the Revised Code.
All permits shall be procured from the chief and the
application, license, and other blanks required by this section
and section 1533.24 of the Revised Code shall be in such form as
the chief prescribes. Each such permit shall expire on the
thirtieth day of April next after its issuance.
Sec. 1533.301. Any person may apply for a permit to
transport fish that are for sale, sold, or purchased. The chief
of the division of wildlife shall issue an annual permit granting
the applicant the privilege to transport such fish, upon filing
of an application on a form prescribed by the chief and payment
of a fee of fifty sixty-five dollars. No person shall transport any fish or
part thereof that is for sale, sold, or purchased, whether
acquired in or outside this state, unless the consignor has a
permit issued to him for the calendar year in which the fish is
transported, except that no such permit is required for any of the following:
(A) Fish transported from a point outside this state to
another point outside this state if the fish are not unloaded
in this state. A fish is not to be considered unloaded for
purposes of this section if it remains under the control of a
common carrier.
(B) Fish being transported by a person holding a valid
license under section 1533.34 of the Revised Code from the place
of taking to his the person's usual place of processing or
temporary storage as designated by him the person in the
application for the license under that section;
(C) Fish being transported from a premises designated in a
valid permit issued under section 1533.631 of the Revised Code to
a premises where fish are to be sold at retail, sold for
immediate consumption, or consumed if inspection of the
designated premises as required by that section
has not been denied during the preceding thirty
days;
(D) Any quantity of fish the total weight of which does
not exceed five hundred pounds in one vehicle;
(E) Minnows for which a permit is required under section
1533.40 of the Revised Code.
If a fish for which a permit is required under this section
is transported in this state from a consignor who does not have a
valid permit at the time of transportation, or if such a fish is
transported in this state from a consignor who has a valid permit
at the time of transportation, but the fish is part of the
contents of a box, package, or receptacle that was or could be
the basis for conviction of a violation of this chapter or a
division rule, the fish may be seized by any law enforcement
officer authorized by section 1531.13 of the Revised Code to
enforce laws and division rules, and the fish shall escheat to the state
unless a court of this state makes a specific finding that the
consignor at the time of seizure had a valid permit under this section
1533.301 of the Revised Code and that the fish are lawful under
the requirements of this chapter or a division rule relating
thereto.
A fish for which a permit is required under this section
may be transported only if each box, package, or other receptacle
bears a label showing the total weight in pounds, the species of
the fish, the name of the consignor and consignee, the initial
point of billing, the destination, and a statement that each
species of fish by weight in the box, package, or other
receptacle that are undersized under the provisions of section
1533.63 of the Revised Code or division rule is ten per cent or
less or is in excess of ten per cent, whichever the fact may be.
If fish are not boxed or packaged, each compartment of a tank or
other receptacle shall be considered a separate receptacle, but
in lieu of a label on the compartment or tank a written
statement containing the same information required to be
contained on a label, and clearly identifying the tank or
receptacle concerned, may be carried in the vehicle. Species may
be designated in any manner, but the label also shall bear either
the common name indicated in section 1533.63 of the Revised Code
or the scientific name contained in section
1531.01 of the Revised Code. The consignor shall ascertain that
labels are attached or statements carried as required herein and
that the facts stated thereon are true.
The permit required by this section may be suspended by the
chief for a period not to exceed five days upon conviction of the
permittee of a violation of this chapter or Chapter 1531. of the Revised
Code or a division rule if the permittee has been convicted of
another such violation during the preceding twelve-month period. If the
permittee has had two or more such convictions during the
twelve-month period preceding such a conviction, his the
permittee's permit may be suspended as provided herein for a period not to
exceed twenty
days. A permit is invalid during the period of suspension, but
in no case is a permit invalid until fifteen days after mailing
by certified mail a notice of the rule of suspension by the chief.
The chief may not suspend more than one permit of the same permittee, or
suspend a permit of the same permittee more than once, for convictions
resulting from violations that occur in a load in one vehicle.
A driver or other person in charge of a vehicle
transporting fish that are for sale, sold, or purchased, upon
demand by any law enforcement officer authorized by section
1531.13 of the Revised Code to enforce laws and division
rules, shall stop and
open the vehicle and allow inspection of the load, and any box,
package, or receptacle, and the contents thereof, for the purpose
of determining whether this chapter or a division rule is being
violated.
The word "fish" in the English language, at least eight
inches high and maintained in a clear, conspicuous, and legible condition at
all times, shall appear on
both sides of the vehicle body of all vehicles transporting fresh
water fish in this state when the fish are for sale or sold,
except those fish exempt from a transportation permit in
divisions (A), (B), and (E) of this section.
The chief may refuse to issue a permit to any person whose
purpose in applying for the permit is to allow it to be used by
another person to whom a permit has been refused or revoked. The
chief also may revoke a person's permit when it is used for
that purpose.
No civil action may be brought in any court in the state
for the value or agreed price of fish that have escheated to the
state under this section.
No person shall fail to comply with any provision of this
section or a division rule adopted pursuant thereto.
In addition to other penalties provided in the Revised
Code, the permit of any person who is convicted of two violations
of this section that occurred within a twelve-month
period is suspended upon the second such conviction by operation of law for
a period of five fishing season days immediately following
that conviction.
In addition to other penalties provided in the Revised
Code, the permit of any person who is convicted of three or more
violations of this section that occurred within a
twelve-month period is suspended upon the third or subsequent conviction by
operation of law for a period of twenty fishing season days
immediately following that conviction.
During any period of suspension, no person shall use or
engage in hauling or transporting fish with equipment owned,
used, or controlled at the time of conviction by the permittee
whose permit has been suspended.
Sec. 1533.32. Except as provided in this section or
division (A) or (C) of section 1533.12 of the Revised Code, no
person, including nonresidents, shall take or catch any fish by
angling in any of the waters in the state or engage in fishing in
those waters without a license. No person shall take or catch
frogs or turtles without a valid
fishing license, except as provided in this section. Persons
fishing in privately owned ponds, lakes, or reservoirs to or from
which fish are not accustomed to migrate are exempt from the
license requirements set forth in this section. Persons fishing
in privately owned ponds, lakes, or reservoirs that are open to
public fishing through an agreement or lease with the division of
wildlife shall comply with the license requirements set forth in
this section.
The fee for an annual license shall be twenty-three thirty-nine dollars, unless otherwise provided by division rule, for a
resident of a
state that is not a party to an agreement under section 1533.91
of the Revised Code. The fee for an annual license shall be fourteen
eighteen dollars, unless otherwise provided by division rule, for a
resident of a state that is a party to such an agreement. The
fee for an annual license for residents of this state shall be fourteen
eighteen dollars unless
otherwise provided by division rule or unless the rules adopted under division (B) of section 1533.12 of the
Revised Code provide for issuance of a resident fishing license
to the applicant free of charge.
Any person under the age of
sixteen years may take or catch frogs and turtles and take or catch fish by
angling without a
license. Any Except as provided in rules adopted under division (B)(2) of section 1533.12 of the Revised Code, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or
older may take or catch frogs and turtles without shall procure a special senior fishing license, the fee for which shall be one-half of the annual resident fishing license fee.
The chief of the division of
wildlife may issue a tourist's license expiring three days from
the effective date of the license to a resident of a state that
is not a party to an agreement under section 1533.91 of the
Revised Code. The fee for a
tourist's license shall be fourteen eighteen dollars unless otherwise provided by division rule.
The chief shall adopt rules under section 1531.10 of the
Revised Code
providing for the issuance of a one-day fishing license to a resident of this
state or of any other state. The fee for such a license shall be forty fifty-five per
cent of the amount established under this section for a tourist's license,
rounded up to the nearest whole dollar. A one-day fishing license
shall allow the holder to
take or catch fish by angling in the waters in the state, engage in fishing in
those waters, or take or catch frogs or turtles
in those waters for one day without obtaining an annual license or a tourist's
license under this section.
At the request of a holder of a one-day fishing license
who wishes to obtain an annual license, a clerk or agent
authorized to issue licenses under section 1533.13 of the
Revised
Code, not later than the last
day on which the one-day license would be valid if it were an
annual license, shall credit the amount of the fee paid for the
one-day license toward the fee charged for the annual license if so authorized
by the chief.
The clerk or agent shall issue the annual license upon
presentation of the one-day license and payment of a fee in an
amount equal to the difference between the fee for the annual
license and the fee for the one-day license.
A fee of one dollar for each license issued under this
section shall be paid to the issuing clerk or agent in
accordance with section 1533.13 of the
Revised
Code unless otherwise provided by division rule.
Unless otherwise provided by division rule, each annual license shall
begin on the first day of March of the
current year and expire on the last day of February of the
following year.
No person shall alter a fishing license or possess a
fishing license that has been altered.
No person shall procure or attempt to procure a fishing
license by fraud, deceit, misrepresentation, or any false
statement.
Owners of land over, through, upon, or along which any
water flows or stands, except where the land is in or borders on
state parks or state-owned lakes, together with the members of
the immediate families of such owners, may take frogs and
turtles and may take or catch
fish of the kind permitted to be taken or caught therefrom
without procuring a license provided for in this section.
This
exemption extends to tenants actually residing upon such lands
and to the members of the immediate families of the tenants.
Residents of state or county institutions, charitable
institutions, and military homes in this state may take frogs and
turtles without procuring the
required license, provided that a member of the institution or
home has an identification card, which shall be carried on
that
person when fishing.
Every fisher required to be licensed, while
fishing
or taking or attempting to take frogs or turtles, shall carry
the license and exhibit it to
any
person. Failure to so carry and exhibit the license
constitutes
an offense under this section.
Sec. 1533.35. (A) Commercial fishing devices shall be
annually licensed as follows:
(1) Trap and fyke nets, for the first twenty nets or any
portion thereof, eight hundred dollars; and for each additional
group of ten such nets or any portion thereof, four hundred
dollars;
(2) For each seine of one hundred fifty rods or less in
length other than an inland fishing district seine, four hundred
dollars;
(3) For each seine over one hundred fifty rods in length
other than an inland fishing district seine, six hundred dollars;
(4) For each inland fishing district seine, one hundred
dollars;
(5) For each carp apron, one hundred dollars;
(6) For one trotline with seventy hooks or less attached
thereto, twenty dollars;
(7) For each trotline, or trotlines, with a total of more
than seventy hooks attached thereto, one hundred dollars;
(8) For each dip net, one hundred dollars.
The license
fee for other commercial fishing gear not mentioned in this
section, as approved by the chief of the division of wildlife,
shall be set by the chief with approval of the wildlife council.
Commercial fishing gear owned or used by a nonresident may
be licensed in this state only if a reciprocal agreement is in
effect as provided for in section 1533.352 of the Revised Code.
All commercial license fees shall be paid upon application
or shall be paid one-fourth upon application with the balance due
and owing within ninety days of the date of application, except
that those license fees of one hundred dollars or less shall be paid in full
at the time of application.
(B) Royalty fees are hereby established as set forth on
the following species of fish when taken commercially: catfish,
white bass, and yellow perch.
The amount of the royalty fees shall be as follows: on
the species taken for which an allowable catch or quota has been
established by division rule, two five cents per pound. On the
species taken for which an allowable catch or quota has not been
established by division rule, one cent two cents per pound on that portion
taken that exceeds one-half of the previous year's taking of the
species.
For the purpose of this section, the previous year's taking
shall be the amount reported for that previous year by the
license holder to the division pursuant to reporting
procedures set forth in this chapter and Chapter 1531. of the Revised
Code.
All royalty fees established or provided for in this
section shall be paid by the license holder to the division. No person may be
issued a commercial fishing license
until all royalty fees due from that person for the preceding
fishing season have been paid in full. The chief may request the
attorney general to recover any royalty fee or amount thereof
that is not paid by the opening date of the next fishing season,
and the attorney general shall commence appropriate legal
proceedings to recover the unpaid fee or amount.
All commercial fishing license moneys and all other fees
collected from commercial fishermen fishers shall be deposited
in the state treasury in accordance with section 1533.33 of the Revised
Code.
No person shall fail to comply with any provision of this
section or a division rule adopted pursuant to it.
In addition to other penalties provided in the Revised
Code, the license of any person who is convicted of one or more
violations of this section shall be suspended upon the
conviction by operation of law for a period of eighteen fishing
season months immediately following the conviction.
During any period of suspension, no person shall use or
engage in fishing with commercial gear owned, used, or controlled
at the time of conviction by the licensee whose license has been suspended.
Sec. 1533.40. Each person, firm, partnership, association,
or corporation which that buys, sells, or deals in minnows, crayfish,
or hellgrammites or collects the listed species for sale shall
obtain, annually, from the chief of the division of wildlife a
permit and shall operate under such rules as the chief of the
division of wildlife prescribes adopts. Such A permit shall be issued
upon application and the payment of a fee of twenty-five forty dollars. This permit
expires at midnight, on the thirty-first day of December 31. Nonresidents
engaging in the collecting, seining, or picking of minnows,
crayfish, or hellgrammites for bait shall have a nonresident
fishing license as prescribed in section 1533.32 of the Revised
Code.
Sec. 1533.54. No person shall draw, set, place, locate,
maintain, or possess a pound net, crib net, trammel net, fyke
net, set net, seine, bar net, or fish trap, or any part thereof, or
throw or hand line, with more than three hooks attached thereto,
or any other device for catching fish, except a line with not
more than three hooks attached thereto or lure with not more than
three sets of three hooks each, in the inland fishing district of
this state, except for taking carp, mullet, sheepshead, and grass
pike as provided in section 1533.62 of the Revised Code, and
except as provided in section 1533.60 of the Revised Code, or as
otherwise provided for by division rule. No person shall catch
or kill a fish in that fishing district with what are known as
bob lines, trotlines, or float lines, or by grabbing with the hands,
or by spearing or shooting, or with any other device other than by
angling. In the waters of the inland fishing district, except
those lakes, harbors, and reservoirs controlled by the state, a
trotline may be used with not more than fifty hooks, and no two
hooks less than three feet apart, by the owner or person having
the owner's consent in that part of the stream bordering on or
running through that owner's lands.
Notwithstanding this section, any resident who is
licensed to fish with nets in the Ohio river may possess fish
nets for the sole purpose of storage, repair, drying, and tarring
in the area between United States route fifty and the Ohio river
from the Indiana state line to Cincinnati, Ohio, and in the area
between United States route fifty-two and the Ohio river from
Cincinnati, Ohio, to Chesapeake, Ohio, and in the area between
state route seven and the Ohio river from Chesapeake, Ohio, to
East Liverpool, Ohio.
Any person possessing a net in this reserve district shall
have an Ohio permit for each net in his the person's possession.
The permit
shall be issued annually by the chief of the division of wildlife
upon application of the owner of the net and submission of
evidence by him the owner of his possession of a valid
fishing license permitting him the owner to fish with nets in
the Ohio river, and the
payment of ten fifty dollars for each net for which an application is
made and a permit is issued. The permit shall expire at twelve
midnight on the fifteenth day of March of each year.
Sec. 1533.631. Any person may apply for a permit to handle
commercial fish, or other fish that may be bought or sold under
the Revised Code or division rule, at wholesale. The chief of
the division of wildlife shall issue an annual permit granting
the applicant the privilege to handle such fish at wholesale at
one or more designated premises upon filing of an application on
a form prescribed by the chief and payment of a fee of fifty
sixty-five dollars. No person or his a person's agent shall handle at
wholesale any fresh water fish or part thereof unless a permit has been issued
for the calendar year in which the fish is handled at wholesale
for the premises at which the fish is handled.
A fish is handled at wholesale for purposes of this section
when it is on a premises within the state and is being held,
stored, handled, or processed for the purpose of sale to a person
who ordinarily resells the fish.
The permit required by this section shall be issued subject
to the right of entry and inspection of the designated premises
of the permittee by any law enforcement officer authorized by
section 1531.13 of the Revised Code to enforce the laws and rules of the
division of wildlife. Such an
officer may enter and inspect the designated premises and any
box, package, or receptacle, and the contents thereof, for the
purpose of determining whether any provision of this chapter or Chapter 1531.
of the Revised Code or division rule is being violated.
No person holding a permit under this section shall remove
a label required by section 1533.301 of the Revised Code unless
the box, package, or receptacle bearing the label has been
opened or unless the label is replaced with another label that
meets the requirements of that section.
No person shall fail to comply with any provision of this
section or division rule adopted pursuant to it.
In addition to other penalties provided in the Revised Code,
the permit of any person who is convicted of two violations of
this section that occurred within a twelve-month
period is suspended upon the second such conviction by operation of law for
a period of five fishing season days immediately following
that conviction.
In addition to other penalties provided in the Revised Code,
the permit of any person who is convicted of three or more
violations of this section that occurred within a
twelve-month period is suspended upon the third or subsequent such conviction
by
operation of law for a period of twenty fishing season days
immediately following that conviction.
During any period of suspension, no person shall use or
engage in handling commercial fish at wholesale with equipment or
facilities owned, used, or controlled at the time of conviction
by the permittee whose permit has been suspended.
Sec. 1533.632. (A) As used in this section:
(1) "Aquaculture" means a form of agriculture that
involves the propagation and rearing of aquatic species in
controlled environments under private control, including, but not
limited to, for the purpose of sale for consumption as food.
(2) "Aquaculture species" means any aquatic species that
may be raised through aquaculture that is either a class A
aquaculture species or a class B aquaculture species.
(3) "Class A aquaculture species" includes all of the
following:
(a) Trout and salmon (Onchorhynchus sp., Salmo sp.,
Salvelinus sp.);
(b) Walleye (Stizostedion vitreum);
(c) Sauger (Stizostedion canadense);
(d) Bluegill (Lepomis machrochirus);
(e) Redear sunfish (Lepomis microlophus);
(f) Green sunfish (Lepomis cyanellus);
(g) White crappie (Pomoxis annularis);
(h) Black crappie (Pomoxis nigromaculatus);
(i) Blue catfish (Ictalurus furcatus);
(j) Any species added by rule under division (B) of this
section or listed as commercial fish under section 1531.01 of the
Revised Code except white perch (Morone americana).
(4) "Class B aquaculture species" includes any species,
except for class A aquaculture species, designated as such by the
chief of the division of wildlife.
(5) "Aquaculture production facility" means a facility
used for aquaculture.
(B) The chief, in accordance with Chapter 119. of the
Revised Code, shall adopt rules for the regulation of aquaculture
and may issue permits to persons wishing to engage in aquaculture
for the production of aquaculture species. Rules adopted under
this section shall ensure the protection and preservation of the
wildlife and natural resources of this state. The legal length
and weight limitations established under section 1533.63 of the
Revised Code do not apply to class A or class B aquaculture
species.
A permit may be issued upon application to any person who
satisfies the chief that the person has suitable equipment, of
which he the person is the owner or lessee, to engage in
aquaculture for a
given aquaculture species or group of aquaculture species. Each
permit shall be in such form as the chief prescribes. The
permits shall be classified as either class A or class B. A
class A permit shall be required for all class A aquaculture
species that are specified in this section or designated by rule
as a class A aquaculture species. Class B permits shall be
issued on a case-by-case basis. In determining whether to issue
a class B permit, the chief shall take into account the species
for which the class B permit is requested, the location of the
aquaculture production facility, and any other information
determined by the chief to be necessary to protect the wildlife
and natural resources of this state. The annual fee for a class
A permit shall be fifty dollars unless otherwise provided by rule
by the chief. The annual fee for a class B permit shall be set
by the chief at a level between one hundred and five hundred
dollars. In determining the fee to be charged for a class B
permit, the chief shall take into account the additional costs to
the division for the inspection of aquaculture facilities used to
raise a given class B aquaculture species.
The chief may revoke a permit upon a determination that the
person to whom the permit was issued has violated any rule
adopted under this section. The permit shall be reissued upon a
showing by the person that he the person is in compliance with
the rules
adopted under this section. A holder of an aquaculture permit
may receive a permit issued under section 1533.301, 1533.39, or
1533.40 of the Revised Code without payment of the fee for that
permit if the conditions for the issuance of the permit have been
met.
(C) No person shall knowingly sell any aquatic species
under an aquaculture permit issued under this section that was
not raised in an aquaculture production facility. In addition to
any other penalties prescribed for violation of this division,
the chief may revoke the permit of any person convicted of a
violation of this division for any period of time he the chief
considers necessary.
(D) No person who does not hold a current valid
aquaculture permit shall knowingly sell an aquaculture species
while claiming to possess an aquaculture permit.
Sec. 1533.71. Unless otherwise provided by division rule,
any person desiring to engage in the business of raising and selling game
birds, game quadrupeds, reptiles, amphibians, or
fur-bearing animals in a wholly enclosed preserve of which the
person is the owner or lessee, or to have game birds, game quadrupeds,
reptiles, amphibians, or fur-bearing animals in captivity,
shall apply in writing to the
division of wildlife for a license to do so.
The division, when it appears that the application is made
in good faith and upon the payment of the fee for each
license, shall may issue to the applicant any of the
following
licenses that may be applied for:
(A) "Commercial propagating license" permitting the
licensee to propagate game birds, game quadrupeds, reptiles,
amphibians, or fur-bearing animals in the wholly enclosed preserve
the location of which is
stated in the license and the application therefor, and to sell
the propagated game birds, game quadrupeds, reptiles,
amphibians, or fur-bearing animals and ship them from the state
alive at any time, and permitting the licensee and the licensee's
employees to kill the propagated game birds, game
quadrupeds, or fur-bearing
animals and sell the carcasses for food subject to sections
1533.70 to 1533.80 of the Revised Code. The fee for such a
license is twenty-five forty dollars per annum.
(B) "Noncommercial propagating license" permitting the
licensee to propagate game birds, game quadrupeds, reptiles,
amphibians, or fur-bearing animals and to hold
the
animals in
captivity. Game birds, game quadrupeds, reptiles, amphibians,
and fur-bearing animals propagated or held in captivity by authority of a
noncommercial propagating license are for the licensee's own use and shall not
be sold. The fee for such a license is ten twenty-five dollars per annum.
(C) A free "raise to release license" permitting duly
organized clubs, associations, or individuals approved by the
division to engage in the raising of game birds, game quadrupeds,
or fur-bearing animals for release only and not for sale or
personal use.
Except as provided by law, no person shall possess game
birds, game quadrupeds, or fur-bearing animals in closed season,
provided that municipal or governmental zoological parks
are not required to obtain the licenses provided for in this
section.
All licenses issued under this section shall expire on the
fifteenth day of March of each year.
The chief of the division of wildlife shall pay all moneys received as
fees for the issuance of licenses under this section into
the state treasury to the credit
of the fund created by section 1533.15 of the Revised Code for
the use of the division in the purchase, preservation, and
protection of wild animals and for the necessary clerical help
and forms required by sections 1533.70 to 1533.80 of the Revised Code.
This section does not authorize the taking or the
release for taking of the following:
(1) Game birds, without first obtaining a commercial
bird shooting preserve license issued under section 1533.72 of
the Revised Code;
(2) Game or nonnative wildlife, without first
obtaining a wild animal hunting preserve license issued under
section 1533.721 of the Revised Code.
Sec. 1533.82. (A) On receipt of a notice pursuant to
section 3123.43 of the Revised Code, the chief of the
division of wildlife shall comply with
sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under
section 3123.63 of the Revised Code
with respect to a license, permit, or
certificate issued pursuant to section
1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 1533.71,
1533.72, 1533.81, 1533.88, or 1533.881 of
the Revised Code.
(B) On receipt of a notice pursuant to section
3123.62 of the Revised Code, the chief shall comply with that section
and any applicable rules adopted under section 3123.63 of the Revised Code with
respect to a license, permit, or stamp issued pursuant to section 1533.10,
1533.11, 1533.111, 1533.112, or 1533.32 of the Revised Code.
Sec. 1561.31. Each As used in this section, "mineral" means "minerals" as defined in section 1514.01 of the Revised Code.
Each deputy mine inspector shall inspect
each mine in the inspector's district, the owner, lessee, agent,
or operator of which is an employer as defined in section
4123.01 of the Revised
Code, or any other mine at
which three or more persons work, at intervals not exceeding
three months between inspections. The inspector shall inspect each underground coal or mineral mine not less than four times per calendar year, each surface coal or mineral mine not less than two times per calendar year, and all other mines in the
inspector's district as often as practical, noting particularly. During each inspection, the inspector shall provide to the superintendent of the mine information concerning the health and safety conditions of the mine operation and shall determine whether the mine operation complies with applicable health and safety standards and with any citation, order, or decision issued under this chapter or Chapter 1509., 1563., 1565., or 1567. of the Revised Code. The inspector shall examine
the location and condition of buildings, the condition of the
boiler, machinery, the workings of the mine, the roof control measures, the traveling ways and
haulageways, the circulation and condition of the air and
drainage, and the condition of electrical circuits and
appliances, as applicable. The inspector shall make tests for poisonous,
explosive, and noxious gases, and shall specifically order
compliance with any section of this chapter and Chapters
1563., 1565., and
1567. and sections 1509.09, 1509.12, 1509.13, 1509.14, 1509.15,
1509.17, and 1509.18 of the
Revised
Code that the inspector finds
is being violated.
Upon completion of the inspection of a mine, the inspector
shall fill out a report of the conditions found during
inspections on a form provided by the chief of the division of
mineral resources management, which form
shall provide for statements
as to whether the laws are being observed or violated, and if
violated, the nature and extent thereof, the date of the
inspection, the number of persons employed in and about the
mine, whether or not a certificate of compliance issued pursuant
to section 4123.35 of the
Revised
Code is posted and the date of
expiration thereof, and matters, things, and practices that
specifically are covered by law, order of the chief, or previous
order of the inspector. The inspector shall make this report in
quadruplicate or quintuplicate, and send the original to the
chief, post a copy at the mine, give a copy to the mine
superintendent, and retain a copy for the inspector's files.
Where the miners of a mine have a mine safety committee, the
inspector shall post one additional copy of the report of that
mine at that mine for the use and possession of the committee.
The report required by this section shall be known as the
inspector's routine report.
If an inspector orders compliance with
this chapter and Chapters 1563., 1565., and
1567. and sections 1509.09, 1509.12, 1509.13, 1509.14, 1509.15,
1509.17, and 1509.18 of the Revised Code, and is assured by the
superintendent of the mine to which the order applies that the
order will be complied with, the inspector shall revisit the
mine within a reasonable period of time and ascertain whether or
not the order has been complied with. The inspector shall
report the inspector's findings to the chief on a form to be
provided by the chief, and take action to enforce
compliance.
Sec. 1561.35. If the deputy mine inspector finds that any
matter, thing, or practice connected with any mine and not
prohibited specifically by law is dangerous or hazardous, or
that
from a rigid enforcement of this chapter and Chapters 1509.,
1563., 1565., and 1567. of the Revised Code, the matter,
thing, or
practice would become dangerous and hazardous so as to tend to
the
bodily injury of any person, the deputy mine inspector
forthwith
shall give notice in writing to the owner,
lessee, or agent
of the
mine of the particulars in which the deputy mine
inspector
considers the mine
or any matter, thing, or practice connected
therewith is
dangerous or hazardous and recommend changes that
the
conditions require, and forthwith shall mail a copy of
the report
and the deputy mine
inspector's recommendations to the chief of
the
division of mineral resources management.
Upon receipt of the
report and recommendations, the
chief forthwith shall make a
finding thereon and mail a
copy to the owner, operator, lessee, or
agent of the mine, and to
the deputy mine inspector; a copy of the
finding of the chief
shall be posted upon the bulletin board of
the mine. Where the miners
have a mine safety committee, one
additional copy shall be posted
on the bulletin board for the use
and possession of the
committee.
The owner, operator, lessee, or agent of the mine, or the
authorized representative of the workers of the mine,
within ten
days may appeal to the
reclamation environmental review appeals commission
created in section 3745.02 of the Revised Code for a
review and
redetermination of the finding of the chief in
the matter
in
accordance with section
1513.13 of the
Revised Code,
notwithstanding division (A)(1) of that section,
which provides
for appeals within thirty days. A
copy of the
decision of the
commission shall be mailed as
required by
this section for the
mailing of the finding by the chief on the
deputy mine inspector's
report.
Sec. 1561.351. A deputy mine inspector who makes a finding
concerning a
violation of this chapter or Chapter
1563., 1565., or
1567. or section 1509.09, 1509.12, 1509.13,
1509.14, 1509.15,
1509.17, or 1509.18 of the Revised
Code that involves mining
safety shall notify the
owner, operator, lessee, agent, and representative of
the miners of the mine involved of the finding. The
owner,
operator, lessee, or agent of the mine involved may request a
review of the inspector's finding by the chief of the division of
mineral resources management. Upon receipt of such a request, the
chief
shall review the
inspector's
finding, make a written
determination regarding it, and
provide a
copy of the written
determination to the owner, operator,
lessee,
or agent of the mine
involved. The chief shall provide a copy of
the
written
determination to any other interested party upon
request.
A person, such as an owner, operator,
lessee, or agent of the
mine or the authorized representative of
the
miners of the
mine,
who has an interest that is or may be
adversely affected by
the
chief's determination
may appeal the determination, not later
than
ten days after receiving
notice of the determination, to the
reclamation environmental review appeals commission created in section 3745.02 of the Revised Code by filing a copy of the
chief's written
determination with
the
commission,
notwithstanding division
(A)(1) of section 1513.13 of the Revised
Code, which provides for
appeals within thirty days. The
commission shall hear the appeal
in accordance with section
1513.13
of the Revised Code.
Sec. 1561.51. When written charges of neglect of
duty,
incompetency, or
malfeasance in office against the deputy mine
inspector are filed with the
chief of the division of mineral
resources
management, signed by not less than
fifteen employees,
or
otherwise as provided in section 1561.50 of the
Revised Code,
or the owner,
lessee, or agent of a mine, and the signers of the
charges
are dissatisfied with the result of the investigation made
by the chief, they
may appeal to the
reclamation environmental review appeals commission created in section 3745.02 of the Revised Code by
filing the same charges against the
deputy mine
inspector and a
copy of the report of the
investigation made by the chief in
the
matter with the
commission, and the
commission shall hear the
appeal in
accordance with section
1513.13 of the Revised Code.
The
commission shall mail a copy of
its decision to the
complainant whose name appears first
in the charges.
Sec. 1563.13. When a deputy mine inspector considers that
the ways and means of egress in any underground mine from the
interior working places to the surface are inadequate as a safe
and ready means of escape in case of emergency, from danger of
fire at any point, or any other cause that may result in the
entombment of persons working in the mine,
the deputy mine
inspector shall give notice in
writing to the owner, lessee, or
agent of the mine of the
particular in which the deputy mine
inspector considers
the conditions dangerous,
recommending any
changes that the
conditions require, and forthwith shall mail a
copy of
the deputy mine inspector's
recommendations to the chief
of the
division of mineral resources management.
Upon receipt of
the
recommendations, the
chief forthwith shall make a finding
concerning them and mail a copy to
the operator of the mine and to
the deputy mine
inspector. A
copy of the finding of the chief
shall be posted upon the
bulletin board at the time.
The operator of the mine, or the authorized representative
of
the workers of the mine, within ten days
may appeal to the
reclamation environmental review appeals commission created in section 3745.02 of the Revised Code for a review and
redetermination of the
finding of the chief in the matter in
accordance with
section
1513.13 of the Revised Code,
notwithstanding division (A)(1) of
that section, which provides
for appeals within thirty days. A
copy of the decision of
the
commission shall be mailed as
required by this section for
the
mailing of the finding by the
chief on the deputy mine
inspector's report.
No operator of a mine shall refuse or neglect to comply
with
this section.
Sec. 1563.42. The operator of a mine, before the
pillars
are drawn previous to the abandonment of any part of the mine,
shall have a correct map of such part of the mine made, showing
its area and workings to the day of the abandonment and the
pillars drawn previous to abandonment, and file such map within
ninety days after the abandonment of such mine, in the office of
the county recorder of the county where such mine is located, and
with the chief of the division of mineral
resources management. Such map shall have
attached the usual certificate of the mining engineer making it,
and the mine foreperson in charge of the underground
workings of the
mine, and such operator shall pay to the recorder for filing such
map, a base fee of five dollars for services and a housing trust fee of five dollars pursuant to section 317.36 of the Revised Code.
No operator of a mine shall refuse or neglect to comply
with this section.
Sec. 1702.59. (A) Every nonprofit corporation, incorporated
under the general corporation laws of this state, or previous
laws, or under special provisions of the Revised Code, or created
before September 1, 1851, which corporation has expressedly or
impliedly elected to be governed by the laws passed since that
date, and whose articles or other documents are filed with the
secretary of state, shall file with the secretary of state a
verified statement of continued existence, signed by a
director,
officer, or three members in good standing, setting forth the
corporate name, the place where the principal office of the
corporation is located, the date of incorporation, the fact that
the corporation is still actively engaged in exercising its
corporate privileges, and the name and address of its agent
appointed pursuant to section 1702.06 of the Revised Code.
(B) Each corporation required to file
a statement of
continued existence shall file it
with the secretary of state
within each five years after the date of
incorporation or of the
last corporate filing.
(C) Corporations specifically exempted by division (N) of
section 1702.06 of the Revised Code, or whose activities are
regulated or supervised by another state official, agency,
bureau,
department, or commission are exempted from this section.
(D) The secretary of state shall give notice in writing and
provide a form for compliance with this section to each
corporation required by this section to file the statement of
continued existence, such notice and form to be mailed to the
last
known address of the corporation as it appears on the
records of
the secretary of state or which the secretary of
state may
ascertain upon
a reasonable search.
(E)
If any nonprofit corporation required by
this
section to
file a statement of continued existence fails to
file
the
statement required every fifth year, then the secretary
of
state
shall cancel the articles of such corporation, make a
notation of
the cancellation on the records, and mail to the
corporation a
certificate of the action so taken.
(F) A corporation whose articles have been canceled may be
reinstated by filing an application for reinstatement and paying
to the secretary of state
the fee
specified in division (Q) of
section 111.16 of the Revised Code. The name of a
corporation
whose articles have been canceled shall be reserved
for a period
of one year
after the date of cancellation. If the
reinstatement
is not made within one year from the date of the
cancellation of
its articles of incorporation and it appears that
a corporate
name, limited liability company
name, limited
liability
partnership name, limited partnership name, or trade
name has been
filed, the name of which is not distinguishable
upon
the record as
provided in section 1702.06 of the Revised Code, the
applicant
for
reinstatement shall
be required by the secretary of
state, as a
condition
prerequisite to such reinstatement, to amend
its
articles by
changing its name. A certificate of reinstatement
may
be filed
in the recorder's office of any county in the state,
for
which
the recorder shall charge and collect a base fee of one
dollar for services and a housing trust fund fee of one dollar pursuant to section 317.36 of the Revised Code.
The rights,
privileges, and franchises of a corporation
whose
articles have been
reinstated are subject to section 1702.60
of
the Revised Code.
(G) The secretary of state shall furnish the tax
commissioner a
list of all corporations failing to file the
required statement of
continued existence.
Sec. 2101.16. (A) The fees enumerated in this division
shall be charged and collected, if possible, by the probate judge
and shall be in full for all services rendered in the respective
proceedings:
(1) |
|
Account, in addition to advertising charges .......... |
$12.00 |
|
|
Waivers and proof of notice of hearing on account, per |
|
|
|
page,
minimum one dollar ............................. |
$ 1.00 |
(2) |
|
Account of distribution, in addition to |
|
|
|
advertising charges .................................. |
$ 7.00 |
(3) |
|
Adoption of child, petition for ...................... |
$50.00 |
(4) |
|
Alter or cancel contract for sale or purchase of |
|
|
|
real estate, petition
to ............................. |
$20.00 |
(5) |
|
Application and order not otherwise provided |
|
|
|
for in
this section or by rule adopted pursuant to |
|
|
|
division (E) of this
section ......................... |
$ 5.00 |
(6) |
|
Appropriation suit, per day, hearing in .............. |
$20.00 |
(7) |
|
Birth, application for registration of ............... |
$ 7.00 |
(8) |
|
Birth record, application to correct ................. |
$ 5.00 |
(9) |
|
Bond, application for new or additional .............. |
$ 5.00 |
(10) |
|
Bond, application for release of surety or |
|
|
|
reduction of ......................................... |
$ 5.00 |
(11) |
|
Bond, receipt for securities deposited in lieu of .... |
$ 5.00 |
(12) |
|
Certified copy of journal entry, record, or proceeding, |
|
|
|
per page,
minimum fee one dollar ..................... |
$ 1.00 |
(13) |
|
Citation and issuing citation, application for ....... |
$ 5.00 |
(14) |
|
Change of name, petition for ......................... |
$20.00 |
(15) |
|
Claim, application of administrator or executor for |
|
|
|
allowance of
administrator's or executor's own ....... |
$10.00 |
(16) |
|
Claim, application to compromise or
settle ........... |
$10.00 |
(17) |
|
Claim, authority to present .......................... |
$10.00 |
(18) |
|
Commissioner, appointment of ......................... |
$ 5.00 |
(19) |
|
Compensation for extraordinary services and attorney's
|
|
|
|
fees for fiduciary, application for .................. |
$ 5.00 |
(20) |
|
Competency, application to procure adjudication of ... |
$20.00 |
(21) |
|
Complete contract, application to .................... |
$10.00 |
(22) |
|
Concealment of assets, citation for .................. |
$10.00 |
(23) |
|
Construction of will, petition for ................... |
$20.00 |
(24) |
|
Continue decedent's business, application to ......... |
$10.00 |
|
|
Monthly reports of operation ......................... |
$ 5.00 |
(25) |
|
Declaratory judgment, petition for ................... |
$20.00 |
(26) |
|
Deposit of will ...................................... |
$ 5.00 |
(27) |
|
Designation of heir .................................. |
$20.00 |
(28) |
|
Distribution in kind, application, assent, and |
|
|
|
order for ............................................ |
$ 5.00 |
(29) |
|
Distribution under section 2109.36 of the Revised |
|
|
|
Code, application
for an order of .................... |
$ 7.00 |
(30) |
|
Docketing and indexing proceedings, including the |
|
|
|
filing and noting of
all necessary documents, maximum |
|
|
|
fee, fifteen dollars ................................. |
$15.00 |
(31) |
|
Exceptions to any proceeding named in this section, |
|
|
|
contest of
appointment or ............................ |
$10.00 |
(32) |
|
Election of surviving partner to purchase assets of |
|
|
|
partnership,
proceedings relating to ................. |
$10.00 |
(33) |
|
Election of surviving spouse under will .............. |
$ 5.00 |
(34) |
|
Fiduciary, including an assignee or trustee of an |
|
|
|
insolvent debtor or
any guardian or conservator |
|
|
|
accountable to the probate court, appointment
of ..... |
$35.00 |
(35) |
|
Foreign will, application to record .................. |
$10.00 |
|
|
Record of foreign will, additional, per page ......... |
$ 1.00 |
(36) |
|
Forms when supplied by the probate court, not to
|
|
|
|
exceed ............................................... |
$10.00 |
(37) |
|
Heirship, petition to determine ...................... |
$20.00 |
(38) |
|
Injunction proceedings ............................... |
$20.00 |
(39) |
|
Improve real estate, petition to ..................... |
$20.00 |
(40) |
|
Inventory with appraisement .......................... |
$10.00 |
(41) |
|
Inventory without appraisement ....................... |
$ 7.00 |
(42) |
|
Investment or expenditure of funds, application for .. |
$10.00 |
(43) |
|
Invest in real estate, application
to ................ |
$10.00 |
(44) |
|
Lease for oil, gas, coal, or other mineral, petition |
|
|
|
to ................................................... |
$20.00 |
(45) |
|
Lease or lease and improve real estate, petition to .. |
$20.00 |
(46) |
|
Marriage license ..................................... |
$10.00 |
|
|
Certified abstract of each marriage .................. |
$ 2.00 |
(47) |
|
Minor or mentally ill person, etc., disposal of estate |
|
|
|
under ten
thousand dollars of ........................ |
$10.00 |
(48) |
|
Mortgage or mortgage and repair or improve real |
|
|
|
estate, petition
to .................................. |
$20.00 |
(49) |
|
Newly discovered assets, report of ................... |
$ 7.00 |
(50) |
|
Nonresident executor or administrator to bar |
|
|
|
creditors' claims,
proceedings by .................... |
$20.00 |
(51) |
|
Power of attorney or revocation of power, |
|
|
|
bonding company ...................................... |
$10.00 |
(52) |
|
Presumption of death, petition to establish .......... |
$20.00 |
(53) |
|
Probating will ....................................... |
$15.00 |
|
|
Proof of notice to beneficiaries ..................... |
$ 5.00 |
(54) |
|
Purchase personal property, application of surviving |
|
|
|
spouse to ............................................ |
$10.00 |
(55) |
|
Purchase real estate at appraised value, petition of |
|
|
|
surviving spouse
to .................................. |
$20.00 |
(56) |
|
Receipts in addition to advertising charges, |
|
|
|
application and order to
record ...................... |
$ 5.00 |
|
|
Record of those receipts, additional, per page ....... |
$ 1.00 |
(57) |
|
Record in excess of fifteen hundred words in any |
|
|
|
proceeding in the
probate court, per page ............ |
$ 1.00 |
(58) |
|
Release of estate by mortgagee or other lienholder ... |
$ 5.00 |
(59) |
|
Relieving an estate from
administration under section |
|
|
|
2113.03 of the Revised Code or granting an order
for a |
|
|
|
summary release from administration under section |
|
|
|
2113.031 of the
Revised Code ......................... |
$60.00 |
(60) |
|
Removal of fiduciary, application for ................ |
$10.00 |
(61) |
|
Requalification of executor or administrator ......... |
$10.00 |
(62) |
|
Resignation of fiduciary ............................. |
$ 5.00 |
(63) |
|
Sale bill, public sale of personal property .......... |
$10.00 |
(64) |
|
Sale of personal property and report, application |
|
|
|
for .................................................. |
$10.00 |
(65) |
|
Sale of real estate, petition for .................... |
$25.00 |
(66) |
|
Terminate guardianship, petition to .................. |
$10.00 |
(67) |
|
Transfer of real estate, application, entry, and |
|
|
|
certificate
for ...................................... |
$ 7.00 |
(68) |
|
Unclaimed money, application to invest ............... |
$ 7.00 |
(69) |
|
Vacate approval of account or order of distribution,
|
|
|
|
motion to ............................................ |
$10.00 |
(70) |
|
Writ of execution .................................... |
$ 5.00 |
(71) |
|
Writ of possession ................................... |
$ 5.00 |
(72) |
|
Wrongful death, application and settlement of claim |
|
|
|
for .................................................. |
$20.00 |
(73) |
|
Year's allowance, petition to review ................. |
$ 7.00 |
(74) |
|
Guardian's report, filing and review of .............. |
$ 5.00 |
(B)(1) In relation to an application for the appointment of a
guardian or the review of a report of a guardian under section
2111.49 of the Revised Code, the probate court, pursuant to court
order or in accordance with a court rule, may direct that the
applicant or the estate pay any or all of the expenses of an
investigation conducted pursuant to section 2111.041 or division
(A)(2) of section 2111.49 of the Revised Code. If the
investigation is conducted by a public employee or investigator
who is paid by the county, the fees for the investigation shall
be paid into the county treasury. If the court finds that an
alleged incompetent or a ward is indigent, the court may waive
the costs, fees, and expenses of an investigation.
(2) In relation to the appointment or functioning of a guardian for a minor or
the guardianship of a minor, the probate court may direct that the applicant
or
the estate pay any or all of the expenses of an investigation conducted
pursuant to section 2111.042 of the Revised Code. If the investigation is
conducted by a public employee or investigator who is paid by the county, the
fees for the investigation shall be paid into the county treasury. If the
court finds that the guardian or applicant is indigent, the court may waive
the
costs, fees, and expenses of an investigation.
(C) Thirty dollars of the thirty-five-dollar fee collected
pursuant to division (A)(34) of this section and twenty dollars
of the sixty-dollar fee collected pursuant to division
(A)(59) of this section shall be deposited by the county
treasurer in the indigent guardianship fund created pursuant to
section 2111.51 of the Revised Code.
(D) The fees of witnesses, jurors, sheriffs, coroners, and
constables for services rendered in the probate court or by order
of the probate judge shall be the same as provided for like
services in the court of common pleas.
(E) The probate court, by rule, may require an advance
deposit for costs, not to exceed one hundred twenty-five dollars,
at the time application is made for an appointment as executor or
administrator or at the time a will is presented for probate.
(F) The probate court, by rule, shall establish a
reasonable fee, not to exceed fifty dollars, for the filing of a
petition for the release of information regarding an adopted
person's name by birth and the identity of the adopted
person's biological parents and biological siblings pursuant to section
3107.41 of the
Revised Code, all proceedings relative to the petition, the entry
of an order relative to the petition, and all services required
to be performed in connection with the petition. The probate
court may use a reasonable portion of a fee charged under
authority of this division to reimburse any agency, as defined in
section 3107.39 of the Revised Code, for any services it renders
in performing a task described in section 3107.41 of the Revised
Code relative to or in connection with the petition for which the
fee was charged.
(G)(1) Thirty dollars of the fifty-dollar fee collected pursuant to division
(A)(3) of this section shall be deposited into the "putative father registry
fund," which is hereby created in the state treasury. The department of job
and family
services shall use the money in the fund to fund the department's costs of
performing its duties related to the putative father registry established
under section 3107.062 of the Revised Code.
(2) If the department determines that money in the putative father registry fund is more than is needed for its duties related to the putative father registry, the department may use the surplus moneys in the fund as permitted in division (C) of section 2151.3529, division (B) of section 2151.3530, or section 5103.155 of the Revised Code.
Sec. 2113.041. (A) The administrator of the estate recovery program established pursuant to section 5111.11 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a medicaid recipient. The affidavit shall include all of the following information:
(1) The name of the decedent;
(2) The name of any person who gave notice that the decedent was a medicaid recipient and that person's relationship to the decedent;
(3) The name of the financial institution;
(5) A description of the claim for estate recovery;
(6) The amount of funds to be recovered.
(B) A financial institution may release account proceeds to the administrator of the estate recovery program if all of the following apply:
(1) The decedent held an account at the financial institution that was in the decedent's name only.
(2) No estate has been, and it is reasonable to assume that no estate will be, opened for the decedent.
(3) The decedent has no outstanding debts known to the administrator of the estate recovery program.
(4) The financial institution has received no objections or has determined that no valid objections to release of proceeds have been received.
(C) If proceeds have been released pursuant to division (B) of this section and the department of job and family services receives notice of a valid claim to the proceeds that has a higher priority under section 2117.25 of the Revised Code than the claim of the estate recovery program, the department may refund the proceeds to the financial institution or pay them to the person or government entity with the claim.
Sec. 2117.06. (A) All creditors having claims against an
estate, including claims arising out of contract, out of tort, on
cognovit notes, or on judgments, whether due or not due, secured
or unsecured, liquidated or unliquidated, shall present their
claims in one of the following manners:
(1) To the executor or administrator in a writing;
(2) To the executor or administrator in a writing, and to
the probate court by filing a copy of the writing with it;
(3) In a writing that is sent by ordinary mail addressed
to
the decedent and that is actually received by the executor or
administrator within the appropriate time specified in division
(B) of this section. For purposes of this division, if an
executor or administrator is not a natural person, the writing
shall be considered as being actually received by the executor or
administrator only if the person charged with the primary
responsibility of administering the estate of the decedent
actually receives the writing within the appropriate time
specified in division (B) of this section.
(B) All Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within one year after
the
death of the decedent, whether or not the estate is released
from
administration or an executor or administrator is appointed
during
that one-year period. Every claim presented shall set
forth the
claimant's address.
(C) A Except as provided in section 2117.061 of the Revised Code, a claim that is not presented within one year
after
the
death of the decedent shall be forever barred as to all
parties,
including, but not limited to, devisees, legatees, and
distributees. No payment shall be made on the claim and no
action
shall be maintained on the claim, except as otherwise
provided in
sections 2117.37 to 2117.42 of the Revised Code with
reference to
contingent claims.
(D) In the absence of any prior demand for allowance, the
executor or administrator shall allow or reject all claims,
except
tax assessment claims, within thirty days after their
presentation, provided that failure of the executor or
administrator to allow or reject within that time shall not
prevent
the executor or administrator from doing so after
that
time and shall not prejudice
the rights of any claimant. Upon the
allowance of a claim, the
executor or the administrator, on demand
of the creditor, shall
furnish the creditor with a written
statement or memorandum of
the fact and date of the
allowance.
(E) If the executor or administrator has actual knowledge
of
a pending action commenced against the decedent prior to
the
decedent's
death in a court of record in this state, the
executor
or
administrator shall file a notice of
the
appointment
of the
executor or administrator in the
pending
action within ten days
after acquiring that
knowledge.
If the
administrator or executor
is not a natural person, actual
knowledge of a pending suit
against the decedent shall be limited
to the actual knowledge of
the person charged with the primary
responsibility of
administering the estate of the decedent.
Failure to file the
notice within the ten-day period does not
extend the claim period
established by this section.
(F) This section applies to any person who is required to
give written notice to the executor or administrator of a motion
or application to revive an action pending against the decedent
at
the date of the death of the decedent.
(G) Nothing in this section or in section 2117.07 of the
Revised Code shall be construed to reduce the time mentioned in
section
2125.02, 2305.09,
2305.10,
2305.11,
2305.113, or
2305.12
of
the
Revised Code, provided that no portion of any recovery on a
claim
brought pursuant to any of those sections shall come from
the
assets of an estate unless the claim has been presented
against
the estate in accordance with Chapter 2117. of the Revised
Code.
(H) Any person whose claim has been presented and has not
been rejected after presentment is a
creditor as that
term is used
in
Chapters 2113. to 2125. of the Revised Code.
Claims that are
contingent need not be presented except as
provided in sections
2117.37 to 2117.42 of the Revised Code, but,
whether presented
pursuant to those sections or this section,
contingent claims may
be presented in any of the manners described
in division (A) of
this section.
(I) If a creditor presents a claim against an estate in
accordance with division (A)(2) of this section, the probate
court
shall not close the administration of the estate until that
claim
is allowed or rejected.
(J) The probate court shall not require an executor or
administrator to make and return into the court a schedule of
claims against the estate.
(K) If the executor or administrator makes a distribution
of
the assets of the estate prior to the expiration of the time
for
the filing of claims as set forth in this section,
the executor
or administrator shall
provide notice
on the account delivered to
each distributee
that the distributee may be liable
to the estate
up to the value of the distribution and may be
required to return
all or any part of the value of the
distribution if a valid claim
is subsequently made against the
estate within the time permitted
under this section.
Sec. 2117.061. (A) As used in this section,
"person responsible for the estate" means the executor, administrator, commissioner, or person who filed pursuant to section 2113.03 of the Revised Code for release from administration of an estate.
(B) If the decedent was fifty-five years of age or older at the time of death, the person responsible for an estate shall determine whether the decedent was a recipient of medical assistance under Chapter 5111. of the Revised Code. If the decedent was a recipient, the person responsible for the estate shall give written notice to that effect to the administrator of the estate recovery program instituted under section 5111.11 of the Revised Code not later than thirty days after the occurrence of any of the following:
(1) The granting of letters testamentary;
(2) The administration of the estate;
(3) The filing of an application for release from administration or summary release from administration.
(C) The estate recovery program administrator shall present a claim for estate recovery to the person responsible for the estate or the person's legal representative not later than ninety days after the date on which notice is received under division (B) of this section or one year after the decedent's death, whichever is later.
Sec. 2117.25. (A) Every executor or administrator shall
proceed with diligence to pay the debts of the decedent and
shall
apply the assets in the following order:
(1) Costs and expenses of administration;
(2) An amount, not exceeding two thousand dollars, for
funeral
expenses that are included in the bill of a funeral
director, funeral expenses other than those in the bill of a
funeral director that are approved by the probate court, and
an
amount, not exceeding two
thousand dollars, for burial and
cemetery expenses,
including that portion of the funeral
director's bill allocated to
cemetery expenses that have been paid
to the cemetery by the
funeral director.
For purposes of this division, burial and cemetery
expenses
shall be limited to the following:
(a) The purchase of a place of interment;
(b) Monuments or other markers;
(c) The outer burial container;
(d) The cost of opening and closing the place of
interment;
(3) The allowance for support made to the surviving
spouse,
minor children, or both under section 2106.13 of the
Revised Code;
(4) Debts entitled to a preference under the laws of the
United States;
(5) Expenses of the last sickness of the decedent;
(6) If the total bill of a funeral director for funeral
expenses exceeds
two thousand dollars, then, in addition
to the
amount described in division
(A)(2) of this section, an
amount,
not exceeding one thousand dollars, for funeral expenses that are
included in the bill and that exceed two
thousand dollars;
(7) Personal property taxes, claims made under the estate recovery program instituted pursuant to section 5111.11 of the Revised Code, and obligations for which the
decedent was personally liable to the state or any of its
subdivisions;
(8) Debts for manual labor performed for the decedent
within
twelve months preceding the decedent's death, not
exceeding
three
hundred dollars to any one person;
(9) Other debts for which claims have been presented and
finally allowed.
(B) The part of the bill of a funeral director that
exceeds
the total of three thousand dollars as described in
divisions
(A)(2) and
(6) of this section, and the part of a claim
included
in division
(A)(8) of this section that exceeds three
hundred
dollars shall be included as a debt under division
(A)(9) of this
section,
depending upon the time when the claim
for
the additional
amount is presented.
(C) Any natural person or fiduciary who pays a claim of any
creditor described in division (A) of this section shall be
subrogated to the rights of that creditor proportionate to the
amount of the payment and shall be entitled to reimbursement for
that amount in accordance with the priority of payments set forth
in that division.
(D)(1) Chapters 2113. to 2125. of the Revised Code, relating
to
the manner in which and the time within which claims shall be
presented, shall apply to claims set forth in divisions
(A)(2),
(6),
and
(8) of this section. Claims for an expense of
administration
or for the allowance for support need not be
presented. The
executor or administrator shall pay debts included
in divisions
(A)(4) and
(7) of this section, of which the
executor
or
administrator has knowledge, regardless of
presentation.
(2) The giving of written notice to an executor or
administrator of a motion or application to revive an action
pending against the decedent at the date of death shall be
equivalent to the presentation of a claim to the executor or
administrator for the purpose of determining the order of payment
of any judgment rendered or decree entered in such an action.
(E) No payments shall be made to creditors of one class
until
all those of the preceding class are fully paid or provided
for.
If the assets are insufficient to pay all the claims of one
class, the creditors of that class shall be paid ratably.
(F) If it appears at any time that the assets have been
exhausted in paying prior or preferred charges, allowances, or
claims,
those payments shall be a bar to an action on any
claim
not entitled to
that priority or preference.
Sec. 2151.3529. (A) The director of job and
family services
shall promulgate forms designed to gather pertinent medical
information concerning a deserted child and the child's parents.
The forms
shall clearly and unambiguously state on each page that
the
information requested is to facilitate medical care for
the
child, that the forms may be fully or partially completed or
left
blank, that completing the forms or parts of the forms is
completely voluntary, and that no adverse legal consequence will
result from failure to complete any part of the forms.
(B) The director shall promulgate written materials to be
given to the parents of a child delivered pursuant to section
2151.3516
of the Revised Code. The materials shall describe
services
available to assist parents and newborns and shall
include
information directly relevant to situations that might
cause
parents to desert a child and information on the procedures
for a
person to follow in order to reunite with a child the person
delivered under section 2151.3516 of the Revised Code, including
notice
that the person will be required to submit to a DNA test,
at that
person's expense, to prove that the person is the parent
of the
child.
(C) If the department of job and family services determines that money in the putative father registry fund created under section 2101.16 of the Revised Code is more than is needed for its duties related to the putative father registry, the department may use surplus moneys in the fund for costs related to the development and publication of forms and materials promulgated pursuant to divisions (A) and (B) of this section.
Sec. 2151.3530. (A) The director of job and family services
shall
distribute the medical information forms and written
materials promulgated under section 2151.3529 of the Revised Code
to entities permitted to
receive a deserted child, to
public
children services agencies, and to other public or private
agencies that, in the discretion of the director, are best able to
disseminate the forms and materials to the persons who are most in
need of the forms and materials.
(B) If the department of job and family services determines that money in the putative father registry fund created under section 2101.16 of the Revised Code is more than is needed to perform its duties related to the putative father registry, the department may use surplus moneys in the fund for costs related to the distribution of forms and materials pursuant to this section.
Sec. 2151.83.
(A) A public
children services agency or
private child placing agency, on the request of a young adult,
shall
enter
into a jointly prepared written agreement with the
young adult that obligates the agency to ensure that independent
living services are
provided to the young adult and sets forth the
responsibilities of the young adult regarding the
services. The
agreement shall be developed based on the young
adult's strengths,
needs, and circumstances and the availability of funds provided
pursuant to section 2151.84 of the Revised Code. The agreement
shall
be designed to promote the young adult's successful
transition to
independent adult living and emotional and economic
self-sufficiency.
(B) If the young adult appears to be eligible for services
from one or more of the following entities, the agency must
contact the appropriate entity to determine eligibility:
(1) An entity, other than the agency, that is represented on
a county family and children first council established pursuant to
section 121.37 of the Revised Code.
If the entity is a board of
alcohol, drug addiction, and mental health services, an alcohol
and drug addiction services board, or a community mental health
board, the agency shall contact the provider of alcohol, drug
addiction, or mental health services that has been designated by
the board to determine the young adult's eligibility for services.
(2) The rehabilitation services commission;
(3) A metropolitan housing authority established pursuant to
section 3735.27 of the Revised Code.
If an entity described in this division determines that the
young adult qualifies for services from the entity, that entity,
the young adult, and the agency to which
the young adult made the
request for independent living services
shall enter into a written
addendum to the jointly prepared agreement entered into under
division (A) of this section. The addendum shall indicate how
services under the agreement and addendum are to be coordinated
and allocate the service responsibilities among the entities and
agency that signed the addendum.
Sec. 2151.84.
The department of job and family services
shall establish model agreements that may be used by public
children
services agencies and private child placing agencies
required to provide services under an agreement with a young
adult
pursuant to section 2151.83 of the Revised Code. The model
agreements shall include provisions describing the specific
independent living services to be provided to the extent funds are
provided pursuant to this section, the duration of the
services
and the agreement, the duties and responsibilities
of each party
under the
agreement, and grievance procedures
regarding disputes
that arise
regarding the agreement or services
provided under it.
To facilitate the provision of independent living services,
the department shall provide funds to meet the requirement of
state matching funds needed to qualify for federal funds under the
"Foster Care Independence Act of 1999," 113 Stat. 1822 (1999), 42
U.S.C. 677, as amended. The department shall seek controlling
board approval of any fund transfers necessary to meet this
requirement.
Sec. 2305.234. (A) As used in this section:
(1)
"Chiropractic claim,"
"medical claim," and
"optometric
claim"
have the same meanings as in section 2305.11 of the Revised
Code.
(2)
"Dental claim" has the same meaning as in section
2305.11 of the Revised
Code, except that it does not include any
claim arising out of a dental
operation or any derivative claim
for relief that arises out of a dental
operation.
(3)
"Governmental health care program" has the same meaning
as in
section
4731.65 of the Revised Code.
(4)
"Health care professional" means any of the following
who provide medical, dental, or other health-related
diagnosis,
care, or treatment:
(a) Physicians authorized under Chapter 4731. of the Revised
Code to practice
medicine and surgery or osteopathic medicine and
surgery;
(b) Registered nurses and licensed practical nurses licensed
under Chapter
4723. of the Revised Code;
(c) Physician assistants authorized to practice under
Chapter 4730. of the
Revised Code;
(d) Dentists and dental hygienists licensed under Chapter
4715. of the
Revised Code;
(e) Physical therapists licensed under Chapter 4755. of the
Revised
Code;
(f) Chiropractors licensed under Chapter 4734. of the
Revised Code;
(g) Optometrists licensed under Chapter 4725. of the Revised
Code;
(h) Podiatrists authorized under Chapter 4731. of the
Revised Code to
practice podiatry;
(i) Dietitians licensed under Chapter 4759. of the Revised
Code;
(j) Pharmacists licensed under Chapter 4729. of the
Revised
Code.
(5)
"Health care worker" means a person other than a health
care
professional who provides medical, dental, or other
health-related care or
treatment under the direction of a health
care professional with the authority
to direct that individual's
activities, including
medical technicians, medical assistants,
dental assistants,
orderlies, aides, and individuals acting in
similar capacities.
(6)
"Indigent and uninsured person" means a person who meets
all of the
following requirements:
(a) The person's income is not greater than one hundred
fifty per
cent of the current poverty line as defined by the
United States office of
management and budget and revised in
accordance with section 673(2) of the
"Omnibus Budget
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended.
(b) The person is not eligible to receive medical assistance
under Chapter
5111., disability assistance medical assistance
under Chapter 5115. of the
Revised Code, or assistance under any
other governmental health care
program.
(c) Either of the following applies:
(i) The person is not a policyholder, certificate
holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan.
(ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer,
policy,
contract, or plan denies coverage or is the subject of
insolvency
or bankruptcy proceedings in any jurisdiction.
(7)
"Operation" means any procedure that involves cutting or
otherwise
infiltrating human tissue by mechanical means, including
surgery, laser
surgery, ionizing radiation, therapeutic
ultrasound, or the removal of
intraocular foreign bodies.
"Operation" does not include the administration
of medication by
injection, unless the injection is administered in
conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection.
(8)
"Nonprofit shelter or health care facility" means
a
charitable nonprofit corporation organized and
operated pursuant
to Chapter 1702. of the Revised
Code, or any charitable
organization not organized and not operated
for profit, that
provides shelter, health care services, or
shelter and health care
services to indigent and uninsured persons,
except that
"shelter
or
health care facility" does not include a hospital as defined in
section
3727.01 of the Revised Code, a facility licensed under
Chapter 3721. of the
Revised Code, or a medical facility that is
operated for profit.
(9)
"Tort action" means a civil action for
damages for
injury, death, or loss to person or property other
than a civil
action for damages for a breach of contract or
another agreement
between persons or government entities.
(10)
"Volunteer" means an individual who provides any
medical, dental, or
other health-care related diagnosis, care, or
treatment without
the expectation of receiving and without receipt
of any compensation or other
form of remuneration from an indigent
and uninsured person,
another person on behalf of an indigent and
uninsured person, any shelter or
health care facility, or any
other person or government entity.
(B)(1) Subject to divisions (E) and (F)(3) of this section,
a health care
professional who is a volunteer and complies with
division (B)(2) of this
section is not liable in damages to any
person or government entity in a tort
or other civil action,
including an action on a medical, dental,
chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision at a nonprofit shelter
or health
care facility to an indigent and uninsured person of
medical, dental, or other
health-related diagnosis, care, or
treatment, including the provision of samples of medicine and
other medical
products, unless the action or omission constitutes
willful or wanton
misconduct.
(2) To qualify for the immunity described in division
(B)(1)
of this section, a health care professional shall
do all of the
following prior to providing diagnosis, care, or treatment:
(a) Determine, in good faith, that the indigent and
uninsured
person is mentally capable of giving informed consent to
the provision of the diagnosis, care, or treatment and is
not
subject to duress or under undue influence;
(b) Inform the person of the provisions of this section;
(c) Obtain the informed consent of the person and a written
waiver, signed by the person or by
another individual on behalf of
and in the presence of the person, that states
that the person is
mentally competent to give informed consent and,
without being
subject to duress or under undue influence, gives
informed consent
to the provision of the diagnosis, care, or
treatment subject to
the provisions of this section.
(3) A physician or podiatrist who is not covered
by medical
malpractice insurance, but complies with division
(B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code.
(C) Subject to divisions (E) and (F)(3) of this section,
health care workers
who are volunteers are not liable in damages
to any person or government
entity in a tort or other civil
action, including an action upon a medical,
dental, chiropractic,
optometric, or other health-related claim, for injury,
death, or
loss to person or property that allegedly arises from
an action or
omission of the health care worker in the
provision at a nonprofit
shelter or health care facility to an indigent and
uninsured
person of medical, dental, or other health-related diagnosis,
care,
or treatment, unless the action or omission constitutes
willful or wanton
misconduct.
(D) Subject to divisions (E) and (F)(3) of this section and
section 3701.071
of the Revised Code, a nonprofit shelter or
health care facility associated
with a health care professional
described in division (B)(1) of this section or a health care
worker described in division (C) of this section is
not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic,
optometric, or
other health-related claim, for
injury, death, or loss to person or property
that allegedly arises
from an action or omission of the health care
professional or
worker in providing for the shelter or facility medical,
dental,
or other health-related diagnosis, care, or treatment to an
indigent
and uninsured person, unless the action or omission
constitutes willful or
wanton misconduct.
(E)(1) Except as provided in division (E)(2) of this
section, the immunities provided by divisions
(B), (C), and (D) of
this section are not
available to an individual or to a
nonprofit
shelter or health care facility if, at the time of an alleged
injury, death, or loss to person or property, the individuals
involved are
providing one of the following:
(a) Any medical, dental, or other health-related diagnosis,
care,
or treatment pursuant
to a community service work order
entered by a court under division
(F) of section 2951.02 of the
Revised
Code as a condition of probation or other suspension of a
term of
imprisonment or imposed by a court as a community control
sanction pursuant
to sections 2929.15 and 2929.17 of the Revised
Code.
(b) Performance of an operation.
(2) Division (E)(1) of this section does not apply to an
individual who provides, or a nonprofit shelter or health care
facility at
which the individual provides, diagnosis, care, or
treatment that is
necessary to preserve the life of a person in a
medical emergency.
(F)(1) This section does not create a new cause
of action or
substantive legal right against a health care professional,
health
care worker, or nonprofit
shelter or health care facility.
(2) This section does not affect any immunities from
civil
liability or defenses established by another section of the
Revised Code or available at common law to which
an individual or
a nonprofit shelter or
health care facility may be entitled in
connection with the
provision of emergency or other diagnosis,
care, or
treatment.
(3) This section does not grant an immunity from tort
or
other civil liability to an individual or a nonprofit shelter or
health
care facility for actions that are outside the scope of
authority of health
care professionals or health care workers.
(4) This section does not affect any legal responsibility of
a
health care professional or health care worker to comply with
any applicable law of this state or rule of an agency of this
state.
(5) This section does not affect any legal
responsibility of
a nonprofit shelter or health care facility to comply
with any
applicable law of this state, rule of an agency of this
state, or
local code, ordinance, or regulation that pertains to
or regulates
building, housing, air pollution, water pollution,
sanitation,
health, fire, zoning, or safety.
Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel
or
item of real or personal property that the person or a
dependent
of the person uses as a residence. Division (A)(1)(a)
of this
section does not preclude, affect, or invalidate the
creation
under this chapter of a judgment lien upon the exempted
property
but only delays the enforcement of the lien until the
property is
sold or otherwise transferred by the owner or in
accordance with
other applicable laws to a person or entity other
than the
surviving spouse or surviving minor children of the
judgment
debtor. Every person who is domiciled in this state may
hold
exempt from a judgment lien created pursuant to division
(A)(1)(a)
of this section the person's interest, not to exceed five
thousand
dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed five thousand dollars, in one
parcel or item of real or personal property that the person or a
dependent of the person uses as a residence.
(2) The person's interest, not to exceed one thousand
dollars, in one
motor vehicle;
(3) The person's interest, not to exceed two hundred
dollars
in any particular item, in wearing apparel, beds, and
bedding, and
the person's interest, not to exceed three hundred
dollars in each
item, in one cooking unit and one refrigerator or
other food
preservation unit;
(4)(a) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person. Division (A)(4)(a) of this section
applies only in
bankruptcy proceedings. This exemption may
include the portion
of personal earnings that is not exempt under
division (A)(13) of
this section.
(b) Subject to division (A)(4)(d) of this section, the
person's interest, not to exceed two hundred dollars in any
particular item, in household furnishings, household goods,
appliances, books, animals, crops, musical instruments, firearms,
and hunting and fishing equipment, that are held primarily for
the
personal, family, or household use of the person;
(c) Subject to division (A)(4)(d) of this section, the
person's interest in one or more items of jewelry, not to exceed
four hundred dollars in one item of jewelry and not to exceed two
hundred dollars in every other item of jewelry;
(d) Divisions (A)(4)(b) and (c) of this section do not
include items of personal property listed in division (A)(3) of
this section.
If the person does not claim an exemption under division
(A)(1) of this section, the total exemption claimed under
division
(A)(4)(b) of this section shall be added to the total
exemption
claimed under division (A)(4)(c) of this section, and
the total
shall not exceed two thousand dollars. If the person
claims an
exemption under division (A)(1) of this section, the
total
exemption claimed under division (A)(4)(b) of this section
shall
be added to the total exemption claimed under division
(A)(4)(c)
of this section, and the total shall not exceed one
thousand five
hundred dollars.
(5) The person's interest, not to exceed an aggregate of
seven hundred fifty dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including
agriculture;
(6)(a) The person's interest in a beneficiary fund set
apart, appropriated, or paid by a benevolent association or
society, as exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or
endowment
insurance or annuities, as exempted by section 3911.10
of the
Revised Code;
(c) The person's interest in a policy of group insurance
or
the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in
lump
sum payments for dismemberment and other losses insured under
those
policies, as exempted by section 3923.19 of the Revised
Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but
not limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or
rights,
as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section
4123.67
of
the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first
program, as exempted
by
section 5107.75 of the Revised Code;
(e)
Benefits and services under the prevention, retention,
and contingency program, as exempted by section 5108.08 of the
Revised Code;
(f) Disability financial assistance payments, as exempted by section
5115.07 5115.06 of the Revised Code.
(10)(a) Except in cases in which the person was convicted
of
or pleaded guilty to a violation of section 2921.41 of the
Revised
Code and in which an order for the withholding of
restitution from
payments was issued under division (C)(2)(b) of
that section or in
cases in which an order for withholding was issued under
section
2907.15 of the Revised Code, and only to the
extent provided
in
the order,
and
except as provided in sections 3105.171, 3105.63,
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right to a pension,
benefit, annuity,
retirement allowance, or accumulated
contributions, the person's
right to a participant account in any
deferred compensation
program offered by the Ohio public
employees deferred compensation
board, a government unit, or a
municipal corporation, or the
person's other accrued or accruing
rights, as exempted by section
145.56, 146.13, 148.09,
742.47,
3307.41, 3309.66, or 5505.22 of
the Revised Code, and
the
person's right to benefits from the Ohio
public safety officers
death benefit
fund;
(b) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of
the Revised Code, the person's
right to receive a payment under
any pension, annuity, or similar
plan or contract, not including
a payment from a stock bonus or
profit-sharing plan or a payment
included in division (A)(6)(b) or
(10)(a) of this section, on
account of illness, disability, death,
age, or length of service,
to the extent reasonably necessary for
the support of the person
and any of the person's dependents,
except if all the following
apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose.
(ii) The payment is on account of age or length of
service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were
deposited
for the purpose of evading the payment of any debt and
except as
provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right in the assets held
in, or to receive
any payment under, any individual retirement
account,
individual retirement annuity,
"Roth IRA," or education
individual retirement
account that provides
benefits by reason of
illness, disability, death, or age, to the extent
that the assets,
payments, or benefits described in division
(A)(10)(c) of this
section are attributable
to any of the following:
(i) Contributions of the person that were less
than or equal
to the applicable limits on deductible
contributions to an
individual retirement account or individual
retirement annuity in
the year that the contributions were made,
whether or not the
person was eligible to deduct the
contributions on the person's
federal tax return for the year in
which the contributions were
made;
(ii) Contributions of the person that were less
than or
equal to the applicable limits on contributions to a
Roth IRA or
education individual
retirement account in the year that the
contributions were made;
(iii) Contributions of the person that are within
the
applicable limits on rollover contributions under
subsections 219,
402(c), 403(a)(4),
403(b)(8), 408(b), 408(d)(3),
408A(c)(3)(B),
408A(d)(3),
and 530(d)(5) of the
"Internal Revenue Code of 1986,"
100
Stat. 2085, 26
U.S.C.A. 1, as amended.
(d) Except for any portion of the
assets that were deposited
for the purpose of evading the
payment of any debt and except as
provided in sections
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's
right in the assets held
in, or to receive any payment under,
any Keogh or
"H.R. 10" plan
that provides benefits
by reason of illness, disability, death, or
age, to the extent reasonably
necessary for the support of the
person and any of the person's
dependents.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's
dependents;
(12) The person's right to receive, or moneys received
during the preceding twelve calendar months from, any of the
following:
(a) An award of reparations under sections 2743.51 to
2743.72 of the Revised Code, to the extent exempted by division
(D) of section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the
payment is an
inmate, as defined in section 2969.21 of the Revised
Code, and in which the
payment resulted from a civil action or
appeal against a government entity or
employee, as defined in
section 2969.21 of the Revised Code, a payment, not to
exceed five
thousand dollars, on
account of personal bodily injury, not
including pain and
suffering or compensation for actual pecuniary
loss, of the
person or an individual for whom the person is a
dependent;
(d) A payment in compensation for loss of future earnings
of
the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of the Revised
Code, personal
earnings of
the person owed to the
person for services in an
amount equal to the greater of the following
amounts:
(a) If paid weekly, thirty times the current federal
minimum
hourly wage; if paid biweekly, sixty times the current
federal
minimum hourly wage; if paid semimonthly, sixty-five
times the
current federal minimum hourly wage; or if paid
monthly, one
hundred thirty times the current federal minimum
hourly wage that
is in effect at the time the earnings are
payable, as prescribed
by the
"Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29
U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed
to
the person.
(14) The person's right in specific partnership property,
as
exempted by division (B)(3) of section 1775.24 of the Revised
Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition credit or a payment
under section
3334.09 of the Revised Code pursuant to a tuition
credit contract, as exempted
by section 3334.15 of the Revised
Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the
"Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's interest, not to exceed four hundred
dollars, in any property, except that division (A)(18) of this
section applies
only in bankruptcy proceedings.
(B) As used in this section:
(1)
"Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81,
3121.02,
3121.03, or 3123.06 of the
Revised Code.
(a) If the person who claims an exemption is an
individual,
a relative of the individual, a relative of a general
partner of
the individual, a partnership in which the individual
is a general
partner, a general partner of the individual, or a
corporation of
which the individual is a director, officer, or in
control;
(b) If the person who claims an exemption is a
corporation,
a director or officer of the corporation; a person
in control of
the corporation; a partnership in which the
corporation is a
general partner; a general partner of the
corporation; or a
relative of a general partner, director,
officer, or person in
control of the corporation;
(c) If the person who claims an exemption is a
partnership,
a general partner in the partnership; a general
partner of the
partnership; a person in control of the
partnership; a partnership
in which the partnership is a general
partner; or a relative in, a
general partner of, or a person in
control of the partnership;
(d) An entity or person to which or whom any of the
following applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more
of
whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division
(B)(2)(d)(i)
of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or
substantially all of the property of the person who claims an
exemption under a lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (B)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an
exemption.
(3)
"Participant account" has the same meaning as in
section
148.01 of the Revised Code.
(4)
"Government unit" has the same meaning as in section
148.06 of the Revised Code.
(C) For purposes of this section,
"interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition
is
filed with the bankruptcy court commencing a case under Title
11
of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of
the date of an appraisal, if necessary under section 2329.68 of
the Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (C)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Sec. 2505.13. If a supersedeas bond has been executed and
filed and the surety is one other than a surety company, the
clerk of the court with which the bond has been filed, upon
request, shall issue a certificate that sets forth the fact that
the bond has been filed and that states the style and number of
the appeal, the amount of the bond, and the sureties on it. Such
a certificate may be filed in the office of the county recorder
of any county in which the sureties may own land, and, when
filed, the bond shall be a lien upon the land of the sureties in
such county. The lien shall be extinguished upon the
satisfaction, reversal, or vacation of the final order, judgment,
or decree involved, or by an order of the court that entered the
final order, judgment, or decree, that releases the lien or
releases certain land from the operation of the lien.
The clerk, upon request, shall issue a notice of discharge
of such a lien, which may be filed in the office of any recorder
in whose office the certificate of lien was filed. Such notice
shall state that the final order, judgment, or decree involved is
satisfied, reversed, or vacated, or that an order has been
entered that releases the lien or certain land from the operation
of the lien. Such recorder shall properly keep and file such
certificates and notices as are filed with him the recorder and
shall index
them in the book or record provided for in section 2937.27 of the
Revised Code.
The fee for issuing such a certificate or notice shall be
as provided by law, and shall be taxed as part of the costs of
the appeal. A county recorder shall receive a base fee of fifty cents
for filing and indexing such a certificate, which fee shall cover
the filing and the entering on the index of such a the notice and a housing trust fund fee of fifty cents pursuant to section 317.36 of the Revised Code.
Sec. 2715.041. (A) Upon the filing of a motion for an
order
of attachment pursuant to section 2715.03 of the Revised
Code, the
plaintiff shall file with the clerk of the court a
praecipe
instructing the clerk to issue to the defendant against
whom the
motion was filed a notice of the proceeding. Upon
receipt of the
praecipe, the clerk shall issue the notice which
shall be in
substantially the following form:
|
"(Name and Address of Court) |
|
Case No................... |
NOTICEYou are hereby notified that (name and address of
plaintiff),
the plaintiff in this proceeding, has applied to this
court for
the attachment of property in your possession. The
basis for this
application is indicated in the documents that are
enclosed with
this notice.
The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical
among the benefits that cannot be attached or executed on by a
creditor are:
(1) Workers' compensation benefits;
(2) Unemployment compensation payments;
(3) Cash assistance payments
under the Ohio works
first
program;
(4)
Benefits and services under the prevention, retention,
and contingency program;
(5) Disability financial assistance administered by the Ohio
department
of job and family services;
(6) Social security benefits;
(7) Supplemental security income (S.S.I.);
Additionally, your wages never can be taken to pay a debt
until a judgment has been obtained against you. There may be
other benefits not included in this list that apply in your case.
If you dispute the plaintiff's claim and believe that you
are
entitled to retain possession of the property because it is
exempt
or for any other reason, you may request a hearing before
this
court by disputing the claim in the request for hearing form
appearing below, or in a substantially similar form, and
delivering the request for the hearing to this court, at the
office of the clerk of this court, not later than the end of the
fifth business day after you receive this notice. You may state
your reasons for disputing the claim in the space provided on the
form, but you are not required to do so. If you do state your
reasons for disputing the claim in the space provided on the
form,
you are not prohibited from stating any other reasons at
the
hearing, and if you do not state your reasons, it will not be
held
against you by the court and you can state your reasons at
the
hearing.
If you request a hearing, it will be conducted in
................... courtroom ........, (address of court), at
.............m. on ............., .....
You may avoid having a hearing but retain possession of the
property until the entry of final judgment in the action by
filing
with the court, at the office of the clerk of this court,
not
later than the end of the fifth business day after you
receive
this notice, a bond executed by an acceptable surety in
the amount
of $............
If you do not request a hearing or file a bond on or before
the end of the fifth business day after you receive this notice,
the court, without further notice to you, may order a law
enforcement officer or bailiff to take possession of the
property.
Notice of the dates, times, places, and purposes of
any subsequent
hearings and of the date, time, and place of the
trial of the
action will be sent to you.
|
.................................. |
|
Clerk of Court |
|
Date:........................" |
(B) Along with the notice required by division (A) of this
section, the clerk of the court also shall deliver to the
defendant, in accordance with division (C) of this section, a
request for hearing form together with a postage-paid,
self-addressed envelope or a request for hearing form on a
postage-paid, self-addressed postcard. The request for hearing
shall be in substantially the following form:
"(Name and Address of Court)
Case Number .................... |
Date ....................... |
REQUEST FOR HEARINGI dispute the claim for the attachment of property in the
above case and request that a hearing in this matter be held at
the time and place set forth in the notice that I previously
received.
I dispute the claim for the following reasons:
................................................................
................................................................
................................................................
|
............................. |
|
(Name of Defendant) |
|
............................
|
|
(Signature) |
|
............................ |
|
(Date) |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT,
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY
BE
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."
(C) The notice required by division (A) of this section
shall be served on the defendant in duplicate not less than seven
business days prior to the date on which the hearing is
scheduled,
together with a copy of the complaint and summons, if
not
previously served, and a copy of the motion for the
attachment of
property and the affidavit attached to the motion,
in the same
manner as provided in the Rules of Civil Procedure
for the service
of process. Service may be effected by
publication as provided in
the Rules of Civil Procedure except
that the number of weeks for
publication may be reduced by the
court to the extent appropriate.
Sec. 2715.045. (A) Upon the filing of a motion for
attachment, a court may issue an order of attachment without
issuing notice to the defendant against whom the motion was filed
and without conducting a hearing if the court finds that there is
probable cause to support the motion and that the plaintiff that
filed the motion for attachment will suffer irreparable injury if
the order is delayed until the defendant against whom the motion
has been filed has been given the opportunity for a hearing. The
court's findings shall be based upon the motion and affidavit
filed pursuant to section 2715.03 of the Revised Code and any
other relevant evidence that it may wish to consider.
(B) A finding by the court that the plaintiff will suffer
irreparable injury may be made only if the court finds the
existence of either of the following circumstances:
(1) There is present danger that the property will be
immediately disposed of, concealed, or placed beyond the
jurisdiction of the court.
(2) The value of the property will be impaired
substantially
if the issuance of an order of attachment is
delayed.
(C)(1) Upon the issuance by a court of an order of
attachment without notice and hearing pursuant to this section,
the plaintiff shall file the order with the clerk of the court,
together with a praecipe instructing the clerk to issue to the
defendant against whom the order was issued a copy of the motion,
affidavit, and order of attachment, and a notice that an order of
attachment was issued and that the defendant has a right to a
hearing on the matter. The clerk then immediately shall serve
upon the defendant, in the manner provided by the Rules of Civil
Procedure for service of process, a copy of the complaint and
summons, if not previously served, a copy of the motion,
affidavit, and order of attachment, and the following notice:
"(Name and Address of the Court)
(Case Caption) |
Case No. ........................ |
NOTICEYou are hereby notified that this court has issued an order
in the above case in favor of (name and address of plaintiff),
the
plaintiff in this proceeding, directing that property now in
your
possession, be taken from you. This order was issued on the
basis
of the plaintiff's claim against you as indicated in the
documents
that are enclosed with this notice.
The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical
among the benefits that cannot be attached or executed on by a
creditor are:
(1) Workers' compensation benefits;
(2) Unemployment compensation payments;
(3) Cash assistance payments under the Ohio works
first
program;
(4)
Benefits and services under the prevention, retention,
and contingency program;
(5) Disability financial assistance administered by the Ohio
department of job and family services;
(6) Social security benefits;
(7) Supplemental security income (S.S.I.);
Additionally, your wages never can be taken to pay a debt
until a judgment has been obtained against you. There may be
other benefits not included in this list that apply in your case.
If you dispute the plaintiff's claim and believe that you
are
entitled to possession of the property because it is exempt
or for
any other reason, you may request a hearing before this
court by
disputing the claim in the request for hearing form,
appearing
below, or in a substantially similar form, and
delivering the
request for hearing to this court at the above
address, at the
office of the clerk of this court, no later than
the end of the
fifth business day after you receive this notice.
You may state
your reasons for disputing the claim in the space
provided on the
form; however, you are not required to do so. If
you do state
your reasons for disputing the claim, you are not
prohibited from
stating any other reasons at the hearing, and if
you do not state
your reasons, it will not be held against you by
the court and you
can state your reasons at the hearing. If you
request a hearing,
it will be held within three business days
after delivery of your
request for hearing and notice of the
date, time, and place of the
hearing will be sent to you.
You may avoid a hearing but recover and retain possession
of
the property until the entry of final judgment in the action
by
filing with the court, at the office of the clerk of this
court,
not later than the end of the fifth business day after you
receive
this notice, a bond executed by an acceptable surety in
the amount
of $.........
If you do not request a hearing or file a bond before the
end
of the fifth business day after you receive this notice,
possession of the property will be withheld from you during the
pendency of the action. Notice of the dates, times, places, and
purposes of any subsequent hearings and of the date, time, and
place of the trial of the action will be sent to you.
|
.............................. |
|
Clerk of the Court |
|
.............................. |
|
Date" |
(2) Along with the notice required by division (C)(1) of
this section, the clerk of the court also shall deliver to the
defendant a request for hearing form together with a
postage-paid,
self-addressed envelope or a request for hearing
form on a
postage-paid, self-addressed postcard. The request for
hearing
shall be in substantially the following form:
"(Name and Address of Court)
Case Number ..................... |
Date ........................ |
REQUEST FOR HEARINGI dispute the claim for possession of property in the above
case and request that a hearing in this matter be held within
three business days after delivery of this request to the court.
I dispute the claim for the following reasons:
..................................................................
..................................................................
..................................................................
|
.............................. |
|
(Name of Defendant) |
|
.............................. |
|
(Signature) |
|
.............................. |
|
(Date) |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT,
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE
PROPERTY
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE
ACTION."
(D) The defendant may receive a hearing in accordance with
section 2715.043 of the Revised Code by delivering a written
request for hearing to the court within five business days after
receipt of the notice provided pursuant to division (C) of this
section. The request may set forth the defendant's reasons for
disputing the plaintiff's claim for possession of property.
However, neither the defendant's inclusion of nor
failure to
include such reasons upon the request constitutes a waiver of any
defense of the defendant or affects the defendant's right to
produce evidence at any hearing or at the trial of the action.
If
the request is made by the defendant, the court shall schedule
a
hearing within three business days after the request is made,
send
notice to the parties of the date, time, and place of the
hearing,
and hold the hearing accordingly.
(E) If, after hearing, the court finds that there is not
probable cause to support the motion, it shall order that the
property be redelivered to the defendant without the condition of
bond.
Sec. 2716.13. (A) Upon the filing of a proceeding in
garnishment of property, other than personal earnings, under
section 2716.11 of the Revised Code, the court shall cause the
matter to be set for hearing within twelve days after
that filing.
(B) Upon the scheduling of a hearing relative to a
proceeding in garnishment of property, other than personal
earnings, under division (A) of this section, the clerk of the
court immediately shall issue to the garnishee three copies of
the
order of garnishment of property, other than personal
earnings,
and of a written notice that the garnishee answer as provided in
section 2716.21 of the Revised Code and
the garnishee's fee
required by section
2716.12 of the Revised Code. The copies of
the order and of the notice
shall be served
upon
the garnishee in
the same manner as a summons is
served. The copies of the order
and of the notice shall
not be served later than seven
days prior
to the date on which the hearing is scheduled. The
order shall
bind the property, other than personal earnings, of
the judgment
debtor in the possession of the garnishee at the
time of service.
The order of garnishment of property, other than personal
earnings, and notice to answer shall be in substantially the
following form:
"ORDER AND NOTICE OF GARNISHMENTOF PROPERTY OTHER THAN PERSONAL EARNINGS
AND ANSWER OF GARNISHEE
|
Docket No. ................... |
|
Case No. ..................... |
|
In the ................. Court |
|
........................, Ohio |
County of ............, ss
..................., Judgment Creditor
..................., Judgment Debtor
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENTTo: ...................., GarnisheeThe judgment creditor in the above case has filed an
affidavit, satisfactory to the undersigned, in this
Court stating
that you have money, property, or credits, other
than personal
earnings, in your hands or under your control that
belong to the
judgment debtor, and that some of the
money, property, or credits
may not be exempt from
garnishment under the laws of the State of
Ohio or the laws of
the United States.
You are therefore ordered to complete the
"ANSWER OF
GARNISHEE"
in section (B) of this
form. Return one completed and
signed
copy of this form to the clerk of this court together with
the
amount determined in accordance with the
"ANSWER OF GARNISHEE"
by the following
date on which a hearing is tentatively scheduled
relative to
this order of garnishment: ............ Deliver one
completed and signed
copy of this form to the judgment debtor
prior to that date. Keep the
other completed and signed copy of
this form for your files.
The total probable amount now due on this judgment is
$..........
The total probable amount now due
includes the unpaid
portion of the judgment in favor of the
judgment creditor, which
is $..........; interest on that judgment
and, if applicable,
prejudgment interest relative to that
judgment at the rate of
.....% per annum payable until that
judgment is satisfied in full;
and court costs in the amount of
$...........
You also are ordered to hold safely anything of value that
belongs to the judgment debtor and that has to be paid
to the
court, as determined under the
"ANSWER OF GARNISHEE" in
section
(B) of this form, but that
is of such a nature that it cannot be
so delivered, until further
order of the court.
Witness my hand and the seal of this court this ..........
day of .........., ..........
|
......................... |
|
Judge |
SECTION B. ANSWER OF GARNISHEE
Now comes .................... the garnishee, who says:
1. That the garnishee has money, property, or credits, other
than
personal earnings, of the judgment debtor under the
garnishee's control and in the garnishee's possession.
............... |
............... |
................... |
yes |
no |
if yes, amount |
2. That property is described as:
3. If the answer to line 1 is
"yes" and the amount is less
than the probable amount now due
on the judgment, as indicated in
section (A) of
this form,
sign and return this form and pay the
amount of line 1 to the
clerk of this court.
4. If the answer to line 1 is
"yes" and the amount is
greater than that probable amount now due on the judgment, as
indicated in
section (A) of this form, sign and return this
form
and pay that probable amount now due to the clerk of this
court.
5. If the answer to line 1 is
"yes" but the money,
property,
or credits are of such a nature that they cannot be
delivered to
the clerk of the court, indicate that by placing an
"X" in this
space: ...... Do not dispose of that money,
property, or credits
or give them to anyone else until further
order of the court.
6. If the answer to line 1 is
"no," sign and return this
form to the clerk of this court.
I certify that the statements above are true.
|
.............................. |
|
(Print Name of Garnishee) |
|
.............................. |
|
(Print Name and Title of |
|
Person Who Completed Form) |
Signed........................................................
(Signature of Person Completing Form)
Dated this .......... day of .........., ....."
Section A of the form described in this division shall be
completed before service. Section B of the form shall
be
completed by the garnishee, and the
garnishee shall file one
completed and signed copy of the form with the
clerk of the court
as the garnishee's
answer. The garnishee may keep one completed
and signed copy of the
form and shall
deliver the other completed
and signed copy of the form to the
judgment debtor.
If several affidavits seeking orders of
garnishment of
property,
other than personal earnings, are filed against the same
judgment
debtor in accordance with section 2716.11 of the Revised
Code,
the court involved shall issue the
requested orders in the
same order in which the
clerk
received the associated affidavits.
(C)(1) At the time of the filing of a proceeding in
garnishment of property, other than personal earnings, under
section 2716.11 of the Revised Code, the judgment creditor also
shall file with the clerk of the court a praecipe instructing the
clerk to issue to the judgment debtor a notice to the judgment
debtor
form and a request for hearing form. Upon receipt
of the
praecipe and the scheduling of
a hearing relative to an action in
garnishment of property, other
than personal earnings, under
division (A) of this section, the
clerk of the court immediately
shall serve upon the judgment
debtor, in accordance with division
(D) of this section, two
copies of the notice to the judgment
debtor form and
of the request for hearing form.
The copies of
the notice to the judgment debtor form and
of the request for
hearing form shall not
be served later than seven days prior to
the date on
which the hearing is scheduled.
(a) The notice to the judgment debtor that must be served
upon the judgment debtor shall be in substantially the following
form:
"(Name and Address of the Court)
(Case Caption) ......................... Case No. .............
NOTICE TO THE JUDGMENT DEBTOR
You are hereby notified that this court has issued an order
in the above case in favor of (name and address of judgment
creditor), the judgment creditor in this proceeding, directing
that some of your money, property, or credits, other than
personal
earnings, now in the possession of (name and address of
garnishee), the garnishee in this proceeding, be used to satisfy
your debt to the judgment creditor. This order was issued on the
basis of the judgment creditor's judgment against you that was
obtained in (name of court) in (case number) on (date). Upon
your
receipt of this notice, you are prohibited from removing or
attempting to remove the money, property, or credits until
expressly permitted by the court. Any violation of this
prohibition subjects you to punishment for contempt of court.
The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical
among the benefits that cannot be attached or executed upon by a
creditor are the following:
(1) Workers' compensation benefits;
(2) Unemployment compensation payments;
(3) Cash assistance payments under the Ohio works
first
program;
(4)
Benefits and services under the prevention, retention,
and contingency program;
(5) Disability financial assistance administered by the Ohio
department
of job and family services;
(6) Social security benefits;
(7) Supplemental security income (S.S.I.);
There may be other benefits not included in the
above list
that apply in your case.
If you dispute the judgment creditor's right to garnish
your
property and believe that the judgment creditor should not be
given your
money, property, or credits, other than personal
earnings, now in the
possession of the garnishee because they are
exempt or
if you feel that this order is improper for any other
reason, you
may request a hearing before this court by disputing
the claim in
the request for hearing form, appearing below, or in
a
substantially similar form, and delivering the request for
hearing to this court at the above address, at the office of the
clerk of this court no later than the end of the fifth business
day after you receive this notice. You may state your reasons
for
disputing the judgment creditor's right to garnish your
property
in the space provided on the form;
however, you are not
required
to do so. If you do state your reasons for disputing
the judgment
creditor's right, you are not prohibited from
stating any other
reason at the hearing. If you
do not state
your reasons, it will
not be held against you by the court, and
you can state your
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT
ITSELF WILL
BE HEARD OR CONSIDERED AT THE HEARING. If
you request a hearing,
the hearing will be limited to a
consideration of the amount of
your money, property, or credits,
other than personal earnings, in
the possession or control of the
garnishee, if any, that can be
used to satisfy all or
part of the judgment you owe to the
judgment creditor.
If you request a hearing by delivering your request for
hearing no later than the end of the fifth business day after you
receive this notice, it will be conducted in .......... courtroom
.........., (address of court), at ..... m. on ..........,
.......... You may request the court to conduct the hearing
before
this date by indicating your request in the space provided
on the
form; the court then will send you notice of any change in
the
date, time, or place of the hearing. If you do not request a
hearing by delivering your request for a hearing no later than the
end of the fifth business day after you receive this notice, some
of your money, property, or credits, other than personal
earnings,
will be paid to the judgment creditor.
If you have any questions concerning this matter, you may
contact the office of the clerk of this court. If you want legal
representation, you should contact your lawyer immediately. If
you need the name of a lawyer, contact the local bar association.
|
.............................. |
|
Clerk of the Court |
|
.............................. |
|
Date" |
(b) The request for hearing form that must be served
upon
the judgment debtor shall have attached to it a postage-paid,
self-addressed envelope or shall be on a postage-paid
self-addressed postcard, and shall be in substantially the
following form:
"(Name and Address of Court)
Case Number ........................... Date
....................
REQUEST FOR HEARINGI dispute the judgment creditor's right to garnish my
money,
property, or credits, other than personal earnings, in the
above
case and request that a hearing in this matter be held
..................................................................
(Insert
"on" or
"earlier than")
the date and time set forth in the document entitled
"NOTICE TO
THE JUDGMENT DEBTOR" that I received with this request
form.
I dispute the judgment creditor's right to garnish
my
property for the following reasons:
..................................................................
..................................................................
..................................................................
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL
BE HEARD OR
CONSIDERED AT THE HEARING.
|
.............................. |
|
(Name of Judgment Debtor) |
|
.............................. |
|
(Signature) |
|
.............................. |
|
(Date) |
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT,
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT
CREDITOR'S
NAME)."
(2) The judgment debtor may receive a hearing in
accordance
with this division by delivering a written request for
hearing to
the court within five business days after receipt of
the notice
provided pursuant to division (C)(1) of this section.
The request
may set forth the judgment debtor's reasons for
disputing the
judgment creditor's right to garnish the money,
property, or
credits, other than personal earnings;
however, neither the
judgment debtor's inclusion of nor failure to include those
reasons upon the request constitutes a waiver of any defense of
the judgment debtor or affects the judgment debtor's right to
produce evidence at the hearing. If the request is made by
the
judgment debtor within the prescribed time, the hearing shall be
limited to a consideration of the amount of money, property, or
credits, other than personal earnings, of the judgment
debtor in
the hands of
the garnishee, if any, that can be used to satisfy
all or part of
the debt owed by the judgment debtor to the
judgment creditor.
If a request for a hearing is not received by
the court within
the prescribed time, the hearing scheduled
pursuant to division
(A) of this section shall be canceled unless
the court grants the
judgment debtor a continuance in accordance
with division (C)(3)
of this section.
(3) If the judgment debtor does not request a hearing in
the
action within the prescribed time pursuant to division (C)(2)
of
this section, the court nevertheless may grant a continuance
of
the scheduled hearing if the judgment debtor, prior to the
time at
which the hearing was scheduled, as indicated on the
notice to the
judgment debtor required by division (C)(1) of this
section,
establishes a reasonable justification for failure
to request the
hearing within the prescribed time. If the court
grants a
continuance of the hearing, it shall cause the
matter to be set
for hearing as soon as practicable thereafter.
The continued
hearing shall be conducted in accordance with
division (C)(2) of
this section.
(4) The court may conduct the hearing on the matter prior
to
the time at which the hearing was scheduled, as indicated on
the
notice to the judgment debtor required by division (C)(1) of
this
section, upon the request of the judgment debtor. The
parties
shall be sent notice, by the clerk of the court, by
regular mail,
of any change in the date, time, or place of the
hearing.
(5) If the scheduled hearing is canceled and no
continuance
is granted, the court shall issue an order to the
garnishee to pay
all or some of the money, property, or credits,
other than
personal earnings, of the judgment debtor in
the possession of the
garnishee at
the time of service of the notice and order into
court if they have not
already been paid to the court. This
order
shall be based on the answer of the garnishee filed
pursuant to
this section. If the scheduled hearing is conducted
or if it is
continued and conducted, the court shall determine at
the hearing
the amount of the money, property, or credits, other
than personal
earnings, of the judgment debtor in the
possession of the
garnishee at the time of service of the notice and order, if any,
that can be
used to satisfy all or part of the
debt owed by the
judgment debtor to the judgment creditor, and
issue an order,
accordingly, to the garnishee to pay that amount
into court if it
has not already been paid to the court.
(D) The notice to the judgment debtor form and
the request
for hearing form described in division (C) of this section shall
be sent by the clerk by ordinary or regular mail service unless
the
judgment creditor requests that service be made in accordance
with the Rules of Civil Procedure, in which case the forms shall
be
served in accordance with the Rules of Civil
Procedure. Any
court of common pleas that issues an order of
garnishment of
property, other than personal earnings, under this
section has
jurisdiction to serve process pursuant to this
section upon a
garnishee who does not reside within the
jurisdiction of the
court. Any county court or municipal court
that issues an order
of garnishment of property, other than
personal earnings, under
this section has jurisdiction to serve
process pursuant to this
section upon a garnishee who does not
reside within the
jurisdiction of the court.
Sec. 2743.02. (A)(1) The state hereby waives its immunity
from liability and, subject to division (H) of this section, consents to be sued, and have its liability
determined, in the court of claims created in this chapter in
accordance with the same rules of law applicable to suits between
private parties, except that the determination of liability is
subject to the limitations set forth in this chapter and, in the
case of state universities or colleges, in section 3345.40 of the
Revised Code, and except as provided in division (A)(2) of this
section. To the extent that the state has previously consented
to be sued, this chapter has no applicability.
Except in the case of a civil action filed by the state,
filing a civil action in the court of claims results in a
complete waiver of any cause of action, based on the same act or
omission, which the filing party has against any officer or
employee, as defined in section 109.36 of the Revised Code. The
waiver shall be void if the court determines that the act or
omission was manifestly outside the scope of the officer's or
employee's office or employment or that the officer or employee
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(2) If a claimant proves in the court of claims that an
officer or employee, as defined in section 109.36 of the Revised
Code, would have personal liability for his the officer's or
employee's acts or omissions but
for the fact that the officer or employee has personal immunity
under section 9.86 of the Revised Code, the state shall be held
liable in the court of claims in any action that is timely filed
pursuant to section 2743.16 of the Revised Code and that is based
upon the acts or omissions.
(B) The state hereby waives the immunity from liability of
all hospitals owned or operated by one or more political
subdivisions and consents for them to be sued, and to have their
liability determined, in the court of common pleas, in accordance
with the same rules of law applicable to suits between private
parties, subject to the limitations set forth in this chapter.
This division is also applicable to hospitals owned or operated
by political subdivisions which have been determined by the
supreme court to be subject to suit prior to July 28, 1975.
(C) Any hospital, as defined under section 2305.11 of the
Revised Code, may purchase liability insurance covering its
operations and activities and its agents, employees, nurses,
interns, residents, staff, and members of the governing board and
committees, and, whether or not such insurance is purchased, may,
to such extent as its governing board considers appropriate,
indemnify or agree to indemnify and hold harmless any such person
against expense, including attorney's fees, damage, loss, or
other liability arising out of, or claimed to have arisen out of,
the death, disease, or injury of any person as a result of the
negligence, malpractice, or other action or inaction of the
indemnified person while acting within the scope of his the
indemnified person's duties or engaged in activities at the request or
direction, or for the benefit, of the hospital. Any hospital electing to
indemnify
such persons, or to agree to so indemnify, shall reserve such
funds as are necessary, in the exercise of sound and prudent
actuarial judgment, to cover the potential expense, fees, damage,
loss, or other liability. The superintendent of insurance may
recommend, or, if such hospital requests him the superintendent
to do so, the
superintendent shall recommend, a specific amount for any period
that, in his the superintendent's opinion, represents such a
judgment. This authority is in addition to any authorization otherwise
provided or
permitted by law.
(D) Recoveries against the state shall be reduced by the
aggregate of insurance proceeds, disability award, or other
collateral recovery received by the claimant. This division does
not apply to civil actions in the court of claims against a state
university or college under the circumstances described in
section 3345.40 of the Revised Code. The collateral benefits
provisions of division (B)(2) of that section apply under those
circumstances.
(E) The only defendant in original actions in the court of
claims is the state. The state may file a third-party complaint
or counterclaim in any civil action, except a civil action for
two thousand five hundred dollars or less, that is filed in the
court of claims.
(F) A civil action against an officer or employee, as
defined in section 109.36 of the Revised Code, that alleges that
the officer's or employee's conduct was manifestly outside the
scope of his the officer's or employee's employment or official
responsibilities, or that the
officer or employee acted with malicious purpose, in bad faith,
or in a wanton or reckless manner shall first be filed against
the state in the court of claims, which has exclusive, original
jurisdiction to determine, initially, whether the officer or
employee is entitled to personal immunity under section 9.86 of
the Revised Code and whether the courts of common pleas have
jurisdiction over the civil action.
The filing of a claim against an officer or employee under
this division tolls the running of the applicable statute of
limitations until the court of claims determines whether the
officer or employee is entitled to personal immunity under
section 9.86 of the Revised Code.
(G) Whenever a claim lies against an officer or employee who is a member of
the Ohio national guard, and the officer or employee was, at the time of the
act or omission complained of, subject to the "Federal Tort Claims Act," 60
Stat. 842 (1946), 28 U.S.C. 2671, et seq., then the Federal Tort Claims Act is
the exclusive remedy of the claimant and the state has no liability under this
section.
(H) If an inmate of a state correctional institution has a claim against the state for the loss of or damage to property and the amount claimed does not exceed three hundred dollars, before commencing an action against the state in the court of claims, the inmate shall file a claim for the loss or damage under the rules adopted by the director of rehabilitation and correction pursuant to this division. The inmate shall file the claim within the time allowed for commencement of a civil action under section 2743.16 of the Revised Code. If the state admits or compromises the claim, the director shall make payment from a fund designated by the director for that purpose. If the state denies the claim or does not compromise the claim at least sixty days prior to expiration of the time allowed for commencement of a civil action based upon the loss or damage under section 2743.16 of the Revised Code, the inmate may commence an action in the court of claims under this chapter to recover damages for the loss or damage.
The director of rehabilitation and correction shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this division.
Sec. 2915.01. As used in this chapter:
(A)
"Bookmaking" means the business of receiving or paying
off bets.
(B)
"Bet" means the hazarding of anything of value upon
the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk.
(C)
"Scheme of chance" means a
slot machine,
lottery, numbers
game,
pool,
or other scheme in which a
participant gives a
valuable
consideration for a chance to win a
prize,
but does not
include
bingo.
(D)
"Game of chance" means poker, craps, roulette,
or other game in which a player gives
anything of value in the hope of gain, the outcome of which is
determined largely
by chance,
but does not include
bingo.
(E)
"Game of chance conducted for profit"
means
any
game of chance designed to produce income for
the
person who conducts or operates the
game of chance,
but
does not include
bingo.
(F)
"Gambling device" means
any of the following:
(1) A book, totalizer, or other equipment for recording
bets;
(2) A ticket, token, or other device representing a
chance,
share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel,
slot machine,
or other apparatus designed for use in
connection with a game of chance;
(4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes;
(5)
Bingo supplies sold or otherwise provided, or used, in
violation of this
chapter.
(G)
"Gambling offense" means any of the following:
(1) A violation of section 2915.02, 2915.03, 2915.04,
2915.05, 2915.07, 2915.08,
2915.081, 2915.082, 2915.09,
2915.091,
2915.092, 2915.10, or 2915.11
of the Revised Code;
(2) A violation of an existing or former municipal
ordinance
or law of this or any other state or the United States
substantially equivalent to any section listed in division (G)(1)
of this section or a violation of section 2915.06 of the
Revised
Code as it existed prior to
July
1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state or the United States,
of which gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section.
(H)
Except as otherwise provided in this chapter,
"charitable organization" means any tax exempt
religious,
educational, veteran's, fraternal, service, nonprofit
medical,
volunteer rescue service, volunteer
firefighter's,
senior
citizen's, youth athletic, amateur athletic, or youth
athletic
park organization.
An organization is tax exempt if the
organization is, and has
received from the internal revenue
service a determination letter
that currently is in effect stating
that the organization is,
exempt from federal income taxation
under subsection 501(a) and
described in subsection 501(c)(3),
501(c)(4), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal
Revenue Code.
To
qualify as a charitable organization, an
organization, except a
volunteer rescue service or volunteer
fire
fighter's
organization,
shall have been in
continuous existence as
such in this state for
a period of two
years immediately preceding
either the making of
an application
for a
bingo license under
section 2915.08 of the
Revised Code or
the conducting of any
scheme of chance or game of
chance as
provided in division
(C)of
section 2915.02 of
the
Revised
Code.
A charitable organization
that is exempt from federal income taxation under subsection
501(a) and described in subsection 501(c)(3) of the Internal
Revenue Code and that is created by a veteran's organization or a
fraternal organization does not have to have been in continuous
existence as such in this state for a period of two years
immediately preceding either the making of an application for a
bingo license under section 2915.08 of the Revised Code or the
conducting of any scheme of chance or game of chance as provided
in division (D) of section 2915.02 of the Revised Code.
(I)
"Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and
religious observances.
(J)
"Educational organization" means any organization
within
this state that is not organized for profit, the
exclusive
purpose
of which
is
to educate and develop the capabilities of
individuals through instruction,
and that operates
or
contributes
to the support of a school, academy,
college, or
university.
(K)
"Veteran's organization" means any individual post of
a
national veteran's association or an auxiliary unit of any
individual post of a national veteran's association, which post
or
auxiliary unit has been incorporated as a nonprofit
corporation
for at least two years and has received a letter from
the state
headquarters of the national veteran's association
indicating that
the individual post or auxiliary unit is in good
standing with the
national veteran's association. As used in
this division,
"national veteran's association" means any
veteran's association
that has been in continuous existence as
such for a period of at
least
five years and either is
incorporated by an act of the
United States congress or has a
national dues-paying membership of
at least five thousand
persons.
(L)
"Volunteer
firefighter's organization"
means any
organization of volunteer
firefighters, as
defined in section
146.01
of the Revised Code, that is organized
and operated
exclusively
to provide financial support for a
volunteer fire
department or a
volunteer fire company
and that is
recognized or ratified by a county,
municipal corporation, or
township.
(M)
"Fraternal organization" means any society, order, or
association within this state, except a college or high school
fraternity, that is not organized for profit, that is a branch,
lodge, or chapter of a national or state organization, that
exists
exclusively for the common business or sodality of its
members,
and that has been in continuous existence in this state
for a
period of
five
years.
(N)
"Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code.
(O)
"Service organization" means any organization, not
organized for profit, that is organized and operated exclusively
to provide, or to contribute to the support of organizations or
institutions organized and operated exclusively to provide,
medical and therapeutic services for persons who are crippled,
born with birth defects, or have any other mental or physical
defect or those organized and operated exclusively to protect, or
to contribute to the support of organizations or institutions
organized and operated exclusively to protect, animals from
inhumane treatment.
(P)
"Nonprofit medical organization" means any
organization
that has been incorporated as a nonprofit
corporation for at least
five years and that has continuously
operated and will be operated
exclusively to provide, or to
contribute to the support of
organizations or institutions
organized and operated exclusively
to provide, hospital, medical,
research, or therapeutic services
for the public.
(Q)
"Senior citizen's organization" means any private
organization, not organized for profit, that is organized and
operated exclusively to provide recreational or social services
for persons who are fifty-five years of age or older and that is
described and qualified under subsection 501(c)(3) of the
Internal
Revenue Code.
(R)
"Charitable bingo game" means any bingo game
described
in
division
(S)(1) or (2) of this section that is
conducted by a
charitable organization that has obtained a
license pursuant
to section 2915.08 of the Revised Code and the
proceeds of which
are used for a charitable purpose.
(S)
"Bingo" means
either of the following:
(1) A game with all of the following characteristics:
(a) The participants use bingo cards
or sheets, including
paper formats and electronic representation or image formats, that
are
divided into
twenty-five spaces arranged in five horizontal
and
five vertical
rows of spaces, with each space, except the
central
space, being
designated by a combination of a letter and a
number
and with the
central space being designated as a free
space.
(b) The participants cover the spaces on the bingo cards
or
sheets that correspond to combinations of letters and numbers that
are
announced by a bingo game operator.
(c) A bingo game operator announces combinations of
letters
and numbers that appear on objects that a bingo game
operator
selects by chance, either manually or mechanically, from
a
receptacle that contains seventy-five objects at the beginning
of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards
or sheets.
(d) The winner of the bingo game includes any participant
who properly announces during the interval between the
announcements of letters and numbers as described in division
(S)(1)(c) of this section, that a predetermined and preannounced
pattern of spaces has been covered on a bingo card
or sheet being
used by
the participant.
(2)
Instant bingo, punch boards, and
raffles.
(T)
"Conduct" means to back, promote, organize, manage,
carry
on,
sponsor, or prepare for the operation of
bingo or
a
game
of
chance.
(U)
"Bingo game operator" means any person, except
security
personnel, who performs work or labor at the site of
bingo,
including, but not limited to, collecting money from
participants,
handing out bingo cards or
sheets or objects to cover spaces
on
bingo
cards
or sheets, selecting from a receptacle the objects
that
contain the
combination of letters and numbers that appear on
bingo cards
or sheets,
calling out the combinations of letters
and numbers,
distributing
prizes,
selling or redeeming instant
bingo
tickets or cards, supervising
the operation of a punch
board, selling raffle tickets,
selecting
raffle tickets from a
receptacle and announcing the winning
numbers
in a raffle, and
preparing, selling, and serving food or
beverages.
(V)
"Participant" means any person who plays bingo.
(W)
"Bingo session" means a period
that includes both of
the following:
(1) Not to exceed five
continuous hours
for the conduct of one or more
games
described in division (S)(1) of this section,
instant
bingo, and
seal cards;
(2) A period for the conduct of instant bingo and seal cards
for not
more
than two hours before and not more than two hours
after the
period
described in division
(W)(1) of this section.
(X)
"Gross receipts" means all money or assets, including
admission fees, that a person receives from
bingo
without the deduction of any amounts for
prizes paid out
or for the expenses of
conducting
bingo.
"Gross receipts" does not include
any money directly taken in from the sale of food or beverages by
a charitable organization conducting
bingo, or by a
bona
fide auxiliary unit or society of a charitable organization
conducting
bingo,
provided all of the following apply:
(1) The auxiliary unit or society has been in existence as
a
bona fide auxiliary unit or society of the charitable
organization
for at least two years prior to
conducting
bingo.
(2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items
customarily
received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and
reasonable prices.
(Y)
"Security personnel" includes any person who either is
a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79
of
the Revised Code and who is hired to provide security for the
premises on which
bingo
is conducted.
(Z)
"Charitable
purpose" means
that the
net profit of
bingo,
other than instant bingo, is used by, or
is
given,
donated, or
otherwise transferred to, any
of the following:
(1)
Any organization that is
described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the
Internal Revenue Code
and is either a governmental unit or an
organization that is tax
exempt under subsection 501(a) and
described in subsection
501(c)(3) of the Internal Revenue Code;
(2)
A veteran's organization that is a post, chapter,
or organization of
veterans, or an auxiliary unit or society
of, or a trust or
foundation for, any such post, chapter, or
organization organized
in the United States or any of its
possessions, at least
seventy-five per cent of the members of
which are
veterans and
substantially all of the other members
of which are individuals
who are
spouses, widows, or widowers of
veterans, or such individuals,
provided that no part of the net
earnings of such post, chapter,
or
organization inures to the benefit of
any private shareholder
or
individual, and further provided that
the
net profit is used by the post, chapter, or
organization for
the charitable
purposes set forth in division (B)(12)(11) of section
5739.02 of the
Revised Code,
is used for awarding
scholarships
to or for
attendance at an institution mentioned in division
(B)(12)(11) of
section 5739.02 of the Revised Code,
is donated
to
a
governmental agency, or
is used for nonprofit youth
activities,
the purchase of United States or Ohio flags that are
donated to
schools, youth groups, or other bona fide nonprofit
organizations, promotion of patriotism, or disaster relief;
(3) A fraternal organization
that
has been
in continuous
existence in this state for fifteen years
and that uses
the
net
profit
exclusively for religious, charitable, scientific,
literary, or
educational purposes, or for the prevention of
cruelty to
children or animals, if contributions for such use
would qualify
as a deductible charitable contribution under
subsection 170 of
the Internal Revenue Code;
(4)
A volunteer
firefighter's organization
that uses the net profit for the
purposes set
forth in division (L) of
this section.
(AA)
"Internal Revenue Code" means the
"Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended.
(BB)
"Youth athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are twenty-one years of age
or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(CC)
"Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of
the
following:
(1) It owns, operates, and maintains playing fields that
satisfy both of the following:
(a) The playing fields are used at least one hundred days
per year for athletic activities by one or more organizations,
not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(b) The playing fields are not used for any profit-making
activity at any time during the year.
(2) It uses the proceeds of
bingo
it conducts
exclusively for the operation, maintenance, and improvement of
its
playing fields of the type described in division (CC)(1) of
this
section.
(DD)
"Amateur athletic organization" means any
organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic
activities for persons who are training for amateur
athletic competition that
is sanctioned by a national governing
body as defined in the
"Amateur
Sports Act of 1978," 90 Stat.
3045, 36 U.S.C.A. 373.
(EE)
"Bingo supplies" means bingo
cards or sheets; instant
bingo tickets or
cards; electronic bingo
aids; raffle tickets;
punch boards; seal
cards;
instant bingo
ticket dispensers; and
devices for selecting
or
displaying
the
combination of bingo
letters and numbers or
raffle
tickets. Items
that are
"bingo
supplies" are not
gambling
devices
if sold or
otherwise provided,
and used, in accordance
with this
chapter. For
purposes of this
chapter, "bingo supplies"
are not to be
considered equipment used
to conduct a bingo game.
(FF)
"Instant bingo" means a form of
bingo that uses folded
or banded tickets or paper cards with
perforated break-open tabs,
a face of which is covered or
otherwise hidden from view to
conceal a number, letter, or
symbol, or set of numbers, letters,
or symbols, some of which
have been designated in advance as prize
winners. "Instant bingo" includes seal cards. "Instant bingo"
does not include any device that is activated by
the insertion of
a coin, currency, token, or an equivalent, and that
contains as
one of its components a video display monitor that is
capable of
displaying numbers, letters, symbols, or characters in
winning or
losing combinations.
(GG)
"Seal card" means a
form of instant bingo that uses
instant bingo tickets in conjunction
with a board or placard that
contains one or more
seals that, when removed or opened, reveal
predesignated winning
numbers, letters, or symbols.
(HH)
"Raffle" means a form of bingo
in which the one or more
prizes are won by one or more persons
who have purchased a raffle
ticket. The one or more winners of
the raffle are determined by
drawing a ticket stub or other
detachable section from a
receptacle containing ticket stubs or
detachable sections
corresponding to all tickets sold for the
raffle.
(II)
"Punch board" means a board
containing a number of
holes
or receptacles of uniform size in
which are placed,
mechanically
and randomly, serially numbered
slips of paper that
may be punched
or drawn from the hole or
receptacle when used in
conjunction with
instant bingo. A player
may punch or draw the
numbered slips of
paper from the holes or
receptacles and obtain
the prize
established for the game if the
number drawn corresponds
to a
winning number or, if the punch
board includes the use of a
seal
card, a potential winning
number.
(JJ)
"Gross profit" means gross
receipts minus the amount
actually expended for the payment of
prize awards.
(KK)
"Net profit" means gross profit
minus expenses.
(LL)
"Expenses" means the reasonable
amount of gross profit
actually expended for all of the
following:
(1)
The purchase or lease of bingo supplies;
(2)
The annual license fee required under section
2915.08 of
the Revised Code;
(3)
Bank fees and service charges for a bingo session or
game
account described in section 2915.10 of the Revised Code;
(4)
Audits and accounting services;
(7)
Hiring security personnel;
(9) Renting premises in which to conduct bingo;
(11) Any other product or service directly related to
the
conduct of bingo that is authorized in rules adopted by the
attorney
general under division (B)(1) of section
2915.08 of the
Revised Code.
(MM)
"Person" has the same meaning as
in section 1.59 of the
Revised Code and includes
any firm or any other legal entity,
however organized.
(NN)
"Revoke" means to void
permanently all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction.
(OO)
"Suspend" means to interrupt
temporarily all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction.
(PP)
"Distributor" means any person who purchases or obtains
bingo
supplies and who sells, offers for sale, or otherwise
provides
or offers to provide the
bingo supplies to another person
for use in this
state.
(QQ)
"Manufacturer" means any person who assembles completed
bingo
supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies
to further their promotion or sale.
(RR)
"Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (S)(1) of
this section plus the annual net profit derived from the conduct
of bingo
described in division (S)(2) of this section.
(SS) "Instant bingo ticket dispenser" means a mechanical
device that dispenses an instant bingo ticket or card as the sole
item of value dispensed and that has the following
characteristics:
(1) It is activated upon the insertion of United States
currency.
(2) It performs no gaming functions.
(3) It does not contain a video display monitor or generate
noise.
(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations.
(5) It does not simulate or display rolling or spinning
reels.
(6) It is incapable of determining whether a dispensed
bingo ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.
(7) It may provide accounting and security features to aid
in accounting for the instant bingo tickets or cards it dispenses.
(8) It is not part of an electronic network and is not
interactive.
(TT)(1) "Electronic bingo aid" means an electronic device
used by a participant to monitor bingo cards or sheets
purchased
at the time and place of a bingo session and that does
all of the
following:
(a) It provides a means for a participant to input numbers
and letters announced by a bingo caller.
(b) It compares the numbers and letters entered by the
participant to
the bingo faces previously stored in the memory of
the device.
(c) It identifies a winning bingo pattern.
(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play.
(UU) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number.
(VV) "Slot" machine means either of the following:
(1) Any
mechanical, electronic, video, or digital device
that is capable
of accepting anything of value, directly or
indirectly, from or on
behalf of a player who gives the thing of
value in the hope of
gain, the outcome of which is determined
largely or wholly by
chance;
(2) Any mechanical, electronic, video, or digital device
that is capable of accepting anything of value, directly or
indirectly, from or on behalf of a player to conduct or dispense
bingo or a scheme or game of chance.
(WW) "Net profit from the
proceeds of the sale of instant
bingo" means gross profit minus
the ordinary, necessary, and
reasonable expense expended for the
purchase of instant bingo
supplies.
(XX) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined
in this section. A "charitable instant bingo organization" does
not include a charitable organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization or a fraternal organization in
regards to bingo conducted or assisted by a veteran's organization
or a fraternal organization pursuant to section 2915.13 of the
Revised Code.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment
compensation; Ohio works
first; prevention,
retention, and contingency benefits and services;
disability financial assistance;
retirement benefits;
economic development assistance, as defined
in section 9.66 of the Revised
Code; or other benefits
administered by a governmental agency
or paid
out
of a public
treasury.
(5) The statement is made with purpose to secure the
issuance by a governmental agency of a license, permit,
authorization, certificate, registration, release, or provider
agreement.
(6) The statement is sworn or affirmed before a notary
public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose
to
induce another to extend credit to or employ the offender, to
confer any
degree, diploma, certificate of attainment, award
of
excellence, or honor on the offender, or to extend to or
bestow
upon the offender any other valuable benefit or
distinction, when
the person to whom the statement is directed
relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within
its
jurisdiction, either orally or in a written document,
including,
but not limited to, an application, petition,
complaint, or other
pleading, or an inventory, account, or
report.
(11) The statement is made on an account, form, record,
stamp, label, or
other writing that is required by law.
(12) The statement is made in connection with the
purchase
of a firearm, as defined in
section 2923.11 of the Revised Code,
and in conjunction
with the furnishing to the seller of the
firearm of a fictitious or altered
driver's or commercial driver's
license or permit, a fictitious or altered
identification card, or
any other document that contains false information
about the
purchaser's identity.
(13) The statement is made in a document or instrument of
writing
that purports to be a judgment, lien, or claim of
indebtedness and is filed or
recorded with the secretary of state,
a county recorder, or the clerk of a
court of record.
(B) No person, in connection with the purchase of a firearm,
as
defined in section 2923.11 of the
Revised Code, shall knowingly
furnish to the seller of the
firearm a fictitious or altered
driver's or commercial driver's license or
permit, a fictitious or
altered identification card, or any other document
that contains
false information about the purchaser's identity.
(C) It is no defense to a charge under division (A)(4) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(D) If contradictory statements relating to the same
fact
are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(E)(1) Whoever violates division (A)(1), (2), (3), (4),
(5),
(6), (7), (8), (10), (11), or (13)
of this section is guilty of
falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in
this division, falsification in a theft
offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand
dollars, falsification in a theft offense is a
felony of the fifth degree. If
the value of the property or
services stolen is five thousand dollars or more
and is less than
one hundred thousand dollars, falsification in a theft
offense is
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more,
falsification in a
theft offense is a felony of the third degree.
(3) Whoever violates division (A)(12)
or (B) of this
section is guilty of falsification to purchase a firearm, a
felony
of the fifth degree.
(F) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person
or property incurred as a result of the commission
of the offense and for
reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2925.44. (A) If property is seized pursuant to
section 2925.42 or 2925.43 of the Revised Code, it is deemed to
be in the custody of the head of the law enforcement agency that
seized it, and the head of that agency may do any of the
following with respect to
that property prior to its disposition in accordance with
division (A)(4) or (B) of this section:
(1) Place the property under seal;
(2) Remove the property to a place that the head of that
agency designates;
(3) Request the issuance of a court order that requires
any other appropriate municipal corporation, county, township,
park district created pursuant to section 511.18 or 1545.01
of the Revised Code, or state law enforcement officer or other
officer to take custody of the property and, if practicable,
remove it to an appropriate location for eventual disposition in
accordance with division (B) of this section;
(4)(a) Seek forfeiture of the property pursuant to federal
law. If the head of that agency seeks its forfeiture pursuant to federal law,
the law
enforcement agency shall deposit, use, and account for proceeds from a sale of
the property upon its forfeiture, proceeds from another disposition of the
property upon its
forfeiture, or forfeited moneys it receives, in accordance
with the applicable federal law and otherwise shall comply with
that law.
(b) If the state highway patrol seized the property and if the superintendent
of the state highway patrol seeks its forfeiture pursuant to federal law, the
appropriate governmental officials shall deposit into the state highway
patrol contraband, forfeiture, and other fund all interest or other earnings
derived from the investment of the proceeds from a sale of the property upon
its forfeiture, the proceeds from another disposition of the property upon its
forfeiture, or the forfeited moneys. The state highway patrol shall use and
account for that interest or other earnings in accordance with the applicable
federal law.
(c) If the investigative unit of the
department of public
safety seized the property and if the director of public safety
seeks its forfeiture pursuant to federal law, the appropriate
governmental officials shall deposit into the
department of public safety investigative unit
contraband, forfeiture, and other fund all interest or other
earnings derived from the investment of the proceeds from a sale
of the property upon its forfeiture, the proceeds from another
disposition of the property upon its forfeiture, or the
forfeited moneys. The department shall use and account for that
interest or other earnings in accordance with the applicable
federal law.
(d) If the enforcement division of the department of taxation seized the property and if the tax commissioner seeks its forfeiture pursuant to federal law, the appropriate governmental officials shall deposit into the department of taxation enforcement fund all interest or other earnings derived from the investment of the proceeds from a sale of the property upon its forfeiture, the proceeds from another disposition of the property upon its forfeiture, or the forfeited moneys. The department shall use and account for that interest or other earnings in accordance with the applicable federal law.
(e) Division (B) of this section and divisions (D)(1) to
(3) of section 2933.43 of the Revised Code do not apply to proceeds or
forfeited moneys received pursuant to federal law or to the interest or other
earnings that are derived from the investment of proceeds or forfeited moneys
received pursuant to federal law and that are described in division (A)(4)(b)
of this section.
(B) In addition to complying with any requirements imposed
by a court pursuant to section 2925.42 or 2925.43 of the Revised
Code, and the requirements imposed by those sections, in relation
to the disposition of property forfeited to the state under
either of those sections, the prosecuting attorney who is
responsible for its disposition shall dispose of the property as
follows:
(1) Any vehicle, as defined in section 4501.01 of the
Revised Code, that was used in a felony drug abuse offense or in
an act that, if committed by an adult, would be a felony drug
abuse offense shall be given to the law enforcement agency of the
municipal corporation or county in which the offense occurred if
that agency desires to have the vehicle, except that, if the
offense occurred in a township or in a park district created
pursuant to section 511.18 or 1545.01 of the Revised Code and a
law enforcement officer employed by the township or the park district was
involved in
the seizure of the vehicle, the vehicle may be given to the law
enforcement agency of that township or park district if that
agency desires to have the vehicle, and except that, if the state
highway patrol made the seizure of the vehicle, the vehicle may
be given to the state highway patrol if it desires to have the
vehicle.
(2) Any drug paraphernalia that was used, possessed, sold,
or manufactured in a violation of section 2925.14 of the Revised
Code that would be a felony drug abuse offense or in a violation
of that section committed by a juvenile that, if committed by an
adult, would be a felony drug abuse offense, may be given to the
law enforcement agency of the municipal corporation or county in
which the offense occurred if that agency desires to have and can
use the drug paraphernalia, except that, if the offense occurred
in a township or in a park district created pursuant to section
511.18 or 1545.01 of the Revised Code and a law enforcement
officer employed by the township or the park district was involved in the
seizure of the
drug paraphernalia, the drug paraphernalia may be given to the
law enforcement agency of that township or park district if that
agency desires to have and can use the drug paraphernalia. If
the drug paraphernalia is not so given, it shall be disposed of
by sale pursuant to division (B)(8) of this section or disposed
of in another manner that the court that issued the order of
forfeiture considers proper under the circumstances.
(3) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law.
(4) Firearms and dangerous ordnance suitable for police
work may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use, or as museum pieces or
collectors' items, may be disposed of by sale pursuant to
division (B)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by a law enforcement agency or shall
be sent to the bureau of criminal identification and
investigation for destruction by it. As used in this division,
"firearms" and "dangerous ordnance" have the same meanings as in
section 2923.11 of the Revised Code.
(5) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of by sale pursuant to division (B)(8) of this section
or disposed of in another manner that the court that issued the
order of forfeiture considers proper under the circumstances. As
used in this division, "computers," "computer networks,"
"computer systems," and "computer software" have the same
meanings as in section 2913.01 of the Revised Code.
(6) Obscene materials shall be destroyed.
(7) Beer, intoxicating liquor, and alcohol shall be
disposed of in accordance with division (D)(4) of section 2933.41
of the Revised Code.
(8) In the case of property not described in divisions
(B)(1) to (7) of this section and of property described in those
divisions but not disposed of pursuant to them, the property
shall be sold in accordance with division (B)(8) of this section or, in the
case of
forfeited moneys, disposed of in accordance with division (B)(8) of this
section. If the property is to be sold, the prosecuting attorney shall
cause a notice of the proposed sale of the property to be given
in accordance with law, and the property shall be sold, without
appraisal, at a public auction to the highest bidder for cash. The proceeds
of a sale and forfeited moneys shall be applied in
the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the property, the forfeiture proceeding
or civil action, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after compliance with division (B)(8)(a) of this section, to the
payment of the value of any legal right, title, or interest in
the property that is possessed by a person who, pursuant to
division (F) of section 2925.42 of the Revised Code or division
(E) of section 2925.43 of the Revised Code, established the
validity of and consequently preserved that legal right, title,
or interest, including, but not limited to, any mortgage,
perfected or other security interest, or other lien in the
property. The value of these rights, titles, or interests shall
be paid according to their record or other order of priority.
(c) Third, the remaining proceeds or forfeited moneys
after compliance with divisions (B)(8)(a) and (b) of this
section, as follows:
(i) If the forfeiture was ordered in a juvenile court, ten per
cent to one or more alcohol and drug addiction treatment programs that are
certified by the department of alcohol and drug addiction services under
section 3793.06 of the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not specify an alcohol or drug addiction treatment program
in the order of forfeiture unless the program is a certified alcohol and drug
addiction treatment program and, except as provided in division
(B)(8)(c)(i) of this section, unless
the program is located in the county in which the court that orders the
forfeiture is located or in a contiguous county. If no certified alcohol and
drug addiction treatment program is located in any of those counties, the
juvenile court may specify in the order a certified alcohol and drug addiction
treatment program located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, ninety
per
cent, and if the forfeiture was ordered in a court other than a juvenile
court,
one hundred per cent
to appropriate funds in accordance with divisions
(D)(1)(c) and (2) of section 2933.43 of the Revised Code. The
remaining proceeds or forfeited moneys so deposited shall be used
only for the purposes authorized by those divisions and division
(D)(3)(a)(ii) of that section.
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do
not preclude a financial institution that possessed a valid mortgage, security
interest, or lien that is not satisfied prior to a sale under
division (B)(8) of this section or following a sale by
application of division (B)(8)(b) of this section, from
commencing a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor
if the financial institution otherwise would have been entitled
to do so in this or another state.
(2) Any law enforcement agency that obtains any vehicle
pursuant to division (B)(1) of this section shall take the
vehicle subject to the outstanding amount of any security
interest or lien that attaches to the vehicle.
(3) Nothing in this section impairs a mortgage, security
interest, lien, or other
interest of a financial institution in property that was the
subject of a forfeiture order under section 2925.42 or 2925.43 of
the Revised Code and that was sold or otherwise disposed of in a
manner that does not conform to the requirements of division (B)
of this section, or any right of a financial institution of
that nature to
commence a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor.
(4) Following the sale under division (B)(8) of this
section of any property that is required to be titled or
registered under the law of this state, the prosecuting attorney
responsible for the disposition of the property shall cause the
state to issue an appropriate certificate of title or
registration to the purchaser of the property. Additionally, if,
in a disposition of property pursuant to division (B) of this
section, the state or a political subdivision is given any
property that is required to be titled or registered under the
law of this state, the prosecuting attorney responsible for the
disposition of the property shall cause the state to issue an
appropriate certificate of title or registration to itself or to
the political subdivision.
(D) Property that has been forfeited to the state pursuant
to an order of criminal forfeiture under section 2925.42 of the
Revised Code or an order of civil forfeiture under section
2925.43 of the Revised Code shall not be available for use to pay
any fine imposed upon a person who is convicted of or pleads
guilty to a felony drug abuse offense or upon any juvenile who is
found by a juvenile court to be a delinquent child for an act
that, if committed by an adult, would be a felony drug abuse
offense.
(E) Sections 2925.41 to 2925.45 of the Revised Code do not
prohibit a law enforcement officer from seeking the forfeiture of contraband
associated with a felony drug abuse offense pursuant to section
2933.43 of the Revised Code.
Sec. 2933.43. (A)(1) Except as provided in this division or
in section
2913.34 or sections 2923.44 to 2923.47 or
2925.41 to
2925.45 of the Revised Code,
a law enforcement officer shall seize
any contraband that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code. A law enforcement officer
shall seize contraband that is a
watercraft, motor vehicle, or
aircraft and that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code only if the watercraft, motor
vehicle, or aircraft is
contraband because of its relationship to
an underlying criminal
offense that is a felony.
Additionally, a law enforcement officer shall seize any
watercraft, motor vehicle, aircraft, or other personal property
that is classified as contraband under division (B) of section
2933.42 of the Revised Code if the underlying offense involved in
the violation of division (A) of that section that resulted in
the
watercraft, motor vehicle, aircraft, or personal property
being
classified as contraband, is a felony.
(2) If a law enforcement officer seizes property that is
titled or registered under law, including a motor vehicle,
pursuant to division (A)(1) of this section, the officer or the
officer's
employing law enforcement agency shall notify the owner
of the
seizure. The notification shall be given to the owner at
the owner's last
known address within seventy-two hours after the
seizure,
and may be given orally by any means, including
telephone, or by
certified mail, return receipt requested.
If the officer or the officer's agency is unable to provide
the
notice required by this division despite reasonable, good
faith
efforts to do so, the exercise of the reasonable, good faith
efforts constitutes fulfillment of the notice requirement imposed
by this division.
(B)(1) A motor vehicle seized pursuant to division (A)(1)
of
this section and the contents of the vehicle may be retained
for a
reasonable period of time, not to exceed seventy-two hours,
for
the purpose of inspection, investigation, and the gathering
of
evidence of any offense or illegal use.
At any time prior to the expiration of the seventy-two-hour
period, the law enforcement agency that seized the motor vehicle
may petition the court of common pleas of the county that has
jurisdiction over the underlying criminal case or administrative
proceeding involved in the forfeiture for an extension of the
seventy-two-hour period if the motor vehicle or its contents are
needed as evidence or if additional time is needed for the
inspection, investigation, or gathering of evidence. Upon the
filing of such a petition, the court immediately shall schedule a
hearing to be held at a time as soon as possible after the
filing,
but in no event at a time later than the end of the next
business
day subsequent to the day on which the petition was
filed, and
upon scheduling the hearing, immediately shall notify
the owner of
the vehicle, at the address at which notification of
the seizure
was provided under division (A) of this section, of
the date,
time, and place of the hearing. If the court, at the
hearing,
determines that the vehicle or its contents, or both,
are needed
as evidence or that additional time is needed for the
inspection,
investigation, or gathering of evidence, the court
may grant the
petition and issue an order authorizing the
retention of the
vehicle or its contents, or both, for an
extended period as
specified by the court in its order. An order
extending a period
of retention issued under this division may be
renewed.
If no petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of
that period, under this division, if the vehicle was not in
the
custody and control of the owner at the time of its seizure,
and
if, at the end of that seventy-two-hour period, the owner of
the
vehicle has not been charged with an offense or
administrative
violation that includes the use of the vehicle as
an element and
has not been charged with any other offense or
administrative
violation in the actual commission of which the
motor vehicle was
used, the vehicle and its contents shall be
released to its owner
or the owner's agent, provided that the law
enforcement agency
that seized the vehicle may require proof of
ownership of the
vehicle, proof of ownership or legal possession
of the contents,
and an affidavit of the owner that the owner neither
knew of nor
expressly or impliedly consented to the use of the
vehicle that
resulted in its forfeiture as conditions precedent
to release. If
a petition for the extension of the initial
seventy-two-hour
period has been filed, prior to the expiration
of that period,
under this division but the court does not grant
the petition, if
the vehicle was not in the custody and control
of the owner at the
time of its seizure, and if, at the end of
that seventy-two-hour
period, the owner of the vehicle has not
been charged with an
offense or administrative violation that
includes the use of the
vehicle as an element and has not been
charged with any other
offense or administrative violation in the
actual commission of
which the motor vehicle was used, the
vehicle and its contents
shall be released to its owner or the owner's agent,
provided that
the court may require the proof and
affidavit described in the
preceding sentence as conditions
precedent to release. If the
initial seventy-two-hour period has
been extended under this
division, the vehicle and its contents
to which the extension
applies may be retained in accordance with
the extension order.
If, at the end of that extended period, the
owner of the vehicle
has not been charged with an offense or
administrative violation
that includes the use of the vehicle as
an element and has not
been charged with any other offense or
administrative violation in
the actual commission of which the
motor vehicle was used, and if
the vehicle was not in the custody
and control of the owner at the
time of its seizure, the vehicle
and its contents shall be
released to its owner or the owner's agent,
provided that the
court may require the proof and affidavit
described in the third
preceding sentence as conditions precedent
to release. In cases
in which the court may require proof and
affidavits as conditions
precedent to release, the court also may
require the posting of a
bond, with sufficient sureties approved
by the court, in an amount
equal to the value of the property to
be released, as determined
by the court, and conditioned upon the
return of the property to
the court if it is forfeited under this
section, as a further
condition to release. If, at the end of
the initial
seventy-two-hour period or at the end of any extended
period
granted under this section, the owner has been charged
with an
offense or administrative violation that includes the use
of the
vehicle as an element or has been charged with another
offense or
administrative violation in the actual commission of
which the
motor vehicle was used, or if the vehicle was in the
custody and
control of the owner at the time of its seizure, the
vehicle and
its contents shall be retained pending disposition of
the charge,
provided that upon the filing of a motion for release
by the
owner, if the court determines that the motor vehicle or
its
contents, or both, are not needed as evidence in the
underlying
criminal case or administrative proceeding, the court
may permit
the release of the property that is not needed as
evidence to the
owner; as a condition precedent to a release of that nature,
the
court may require the owner to execute a bond with
the court. Any
bond so required shall be in an amount equal to
the value of the
property to be released, as determined by the
court, shall have
sufficient sureties approved by the court, and
shall be
conditioned upon the return of the property to the court
to which
it is forfeited under this section.
The final disposition of a motor vehicle seized pursuant to
division (A)(1) of this section shall be determined in accordance
with division (C) of this section.
(2) Pending a hearing pursuant to division (C) of this
section, and subject to divisions (B)(1) and (C) of this section,
any property lawfully seized pursuant to division (A) of this
section because it was contraband of a type described in division
(A)(13)(b), (d), (e),
(f), (g), (h), (i), or (j) of section
2901.01 of the Revised Code shall not be subject to replevin or
other action in any court and shall not be subject to release
upon
request of the owner, and no judgment shall be enforced
against
the property. Pending the hearing, and subject to
divisions
(B)(1) and (C) of this section, the property shall be
kept in the
custody of the law enforcement agency responsible for
its seizure.
Pending a hearing pursuant to division (C) of this section,
and notwithstanding any provisions of division (B)(1) or (C) of
this section to the contrary, any property lawfully seized
pursuant to division (A) of this section because it was
contraband
of a type described in division (A)(13)(a) or
(c) of section
2901.01 of the Revised Code shall not be
subject to replevin or
other action in any court and shall not be subject
to release upon
request of the owner, and no judgment shall be
enforced against
the property. Pending the hearing, and
notwithstanding any
provisions of division (B)(1) or (C) of this
section to the
contrary, the property shall be kept in the
custody of the law
enforcement agency responsible for its
seizure.
A law enforcement agency that seizes property under
division
(A) of this section because it was contraband of any
type
described in division (A)(13) of section 2901.01 or
division (B)
of section 2933.42 of the Revised Code shall maintain an accurate
record of each item of property so seized, which record shall
include the date on which each item was seized, the manner and
date of its disposition, and if applicable, the name of the
person
who received the item; however, the record shall not
identify or
enable the identification of the individual officer
who seized the
item. The record of property of that nature that no
longer is
needed as evidence shall be open to public inspection
during the
agency's regular business hours. Each law enforcement
agency
that, during any calendar year, seizes property under
division (A)
of this section because it was contraband shall
prepare a report
covering the calendar year that cumulates all of
the information
contained in all of the records kept by the
agency pursuant to
this division for that calendar year, and
shall send a copy of the
cumulative report, no later than the
first day of March in the
calendar year following the calendar
year covered by the report,
to the attorney general. Each report
received by the attorney
general is a public record open for
inspection under section
149.43 of the Revised Code. Not later than the
fifteenth day of
April in the calendar year
in which the reports are received, the
attorney
general shall send to the
president of the senate and the
speaker of the house of
representatives a written notification
that does all of the
following:
(a) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in this
division that cover the previous
calendar year and indicates that
the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under
section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy
of any or all of the reports to the
president of the senate or the
speaker of the house of
representatives upon request.
(C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer who has
responsibility for the prosecution of the underlying criminal
case
or administrative proceeding, or the attorney general if the
attorney general has that responsibility, shall file a petition
for the forfeiture, to the seizing law enforcement agency of the
contraband seized pursuant to division (A) of this section. The
petition shall be filed in the court that has jurisdiction over
the underlying criminal case or administrative proceeding
involved
in the forfeiture. If the property was seized on the
basis of
both a criminal violation and an administrative
regulation
violation, the petition shall be filed by the officer
and in the
court that is appropriate in relation to the criminal
case.
The petitioner shall conduct or cause to be conducted a
search of the appropriate public records that relate to the
seized
property for the purpose of determining, and shall make or
cause
to be made reasonably diligent inquiries for the purpose of
determining, any person having an ownership or security interest
in the property. The petitioner then shall give notice of the
forfeiture proceedings by personal service or by certified mail,
return receipt requested, to any persons known, because of the
conduct of the search, the making of the inquiries, or otherwise,
to have an ownership or security interest in the property, and
shall publish notice of the proceedings once each week for two
consecutive weeks in a newspaper of general circulation in the
county in which the seizure occurred. The notices shall be
personally served, mailed, and first published at least four
weeks
before the hearing. They shall describe the property
seized;
state the date and place of seizure; name the law
enforcement
agency that seized the property and, if applicable,
that is
holding the property; list the time, date, and place of
the
hearing; and state that any person having an ownership or
security
interest in the property may contest the forfeiture.
If the property seized was determined by the seizing law
enforcement officer to be contraband because of its relationship
to an underlying criminal offense or administrative violation, no
forfeiture hearing shall be held under this section unless the
person pleads guilty to or is convicted of the commission of, or
an attempt or conspiracy to commit, the offense or a different
offense arising out of the same facts and circumstances or unless
the person admits or is adjudicated to have committed the
administrative violation or a different violation arising out of
the same facts and circumstances; a forfeiture hearing shall be
held in a case of that nature no later than forty-five days after
the
conviction or the admission or adjudication of the violation,
unless the time for the hearing is extended by the court for good
cause shown. The owner of any property seized because of its
relationship to an underlying criminal offense or administrative
violation may request the court to release the property to the
owner. Upon
receipt of a request of that nature, if the court
determines that the
property is not needed as evidence in the
underlying criminal
case or administrative proceeding, the court
may permit the
release of the property to the owner. As a
condition precedent
to a release of that nature, the court may
require the owner to execute a
bond with the court. Any bond so
required shall have sufficient
sureties approved by the court,
shall be in a sum equal to the
value of the property, as
determined by the court, and shall be
conditioned upon the return
of the property to the court if the
property is forfeited under
this section. Any property seized
because of its relationship to
an underlying criminal offense or
administrative violation shall
be returned to its owner if
charges are not filed in relation to
that underlying offense or
violation within thirty days after the
seizure, if charges of that nature are
filed and subsequently are
dismissed, or if charges of that nature are filed
and the person
charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the
violation.
If the property seized was determined by the seizing law
enforcement officer to be contraband other than because of a
relationship to an underlying criminal offense or administrative
violation, the forfeiture hearing under this section shall be
held
no later than forty-five days after the seizure, unless the
time
for the hearing is extended by the court for good cause
shown.
Where possible, a court holding a forfeiture hearing under
this section shall follow the Rules of Civil Procedure. When a
hearing is conducted under this section, property shall be
forfeited upon a showing, by a preponderance of the evidence, by
the petitioner that the person from which the property was seized
was in violation of division (A) of section 2933.42 of the
Revised
Code. If that showing is made, the court shall issue an
order of
forfeiture. If an order of forfeiture is issued in
relation to
contraband that was released to the owner or the owner's agent
pursuant to this division or division (B)(1) of this
section, the
order shall require the owner to deliver the
property, by a
specified date, to the law enforcement agency that
employed the
law enforcement officer who made the seizure of the
property, and
the court shall deliver a copy of the order to the
owner or send a
copy of it by certified mail, return receipt
requested, to the
owner at the address to which notice of the
seizure was given
under division (A)(2) of this section. Except
as otherwise
provided in this division, all rights, interest, and
title to the
forfeited contraband vests in the state, effective
from the date
of seizure.
No property shall be forfeited pursuant to this division if
the owner of the property establishes, by a preponderance of the
evidence, that the owner neither knew, nor should have known after
a
reasonable inquiry, that the property was used, or was likely to
be used, in a crime or administrative violation. No bona fide
security interest shall be forfeited pursuant to this division if
the holder of the interest establishes, by a preponderance of the
evidence, that the holder of the interest neither knew, nor should
have known
after a
reasonable inquiry, that the property was used,
or likely to be
used, in a crime or administrative violation, that
the holder of the interest
did not
expressly or impliedly consent
to the use of the property in a
crime or administrative violation,
and that the security interest
was perfected pursuant to law prior
to the seizure. If the
holder of the interest satisfies the court
that these
requirements are met, the interest shall be preserved
by the
court. In a case of that nature, the court shall either
order that the
agency to which the property is forfeited reimburse
the holder of the interest
to the extent of the preserved interest
or order that the
holder be paid for the interest from the
proceeds of any
sale pursuant to division (D) of this section.
(D)(1) Contraband ordered forfeited pursuant to this
section
shall be disposed of pursuant to divisions (D)(1) to (7)
of
section 2933.41 of the Revised Code or, if the contraband is
not
described in those divisions, may be used, with the approval
of
the court, by the law enforcement agency that has custody of
the
contraband pursuant to division (D)(8) of that section. In
the
case of contraband not described in any of those divisions
and of
contraband not disposed of pursuant to any of those
divisions, the
contraband shall be sold in accordance with this
division or, in
the case of forfeited moneys, disposed of in
accordance with this
division. If the contraband is to be sold,
the prosecuting
attorney shall cause a notice of the proposed
sale of the
contraband to be given in accordance with law, and
the property
shall be sold, without appraisal, at a public
auction to the
highest bidder for cash. The proceeds of a sale
and forfeited
moneys shall be applied in the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the contraband, the forfeiture
proceeding, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after
compliance with division (D)(1)(a) of this section, to the
payment
of the balance due on any security interest preserved
pursuant to
division (C) of this section;
(c) Third, the remaining proceeds or forfeited moneys
after
compliance with divisions (D)(1)(a) and (b) of this
section, as
follows:
(i) If the forfeiture was ordered in a juvenile court, ten
per
cent to one or more alcohol and drug addiction treatment
programs that are
certified by the department of alcohol and drug
addiction services under
section 3793.06 of the Revised Code and
that are specified in the order of
forfeiture. A
juvenile court
shall not certify an alcohol or drug addiction treatment
program
in the order of forfeiture unless the program is a certified
alcohol
and drug addiction treatment program and, except as
provided in division
(D)(1)(c)(i) of this section, unless the
program
is located in the county in which the court that orders
the forfeiture is
located or in a contiguous county. If no
certified alcohol and drug addiction
treatment program is located
in any of those counties, the juvenile court may
specify in the
order a certified alcohol and drug addiction treatment program
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court,
ninety
per cent, and if the forfeiture was ordered in a court
other than a juvenile
court, one hundred per cent to the law
enforcement trust fund of the
prosecuting
attorney and to the law
enforcement trust fund of the county
sheriff if the county sheriff
made the seizure, to the law
enforcement trust fund of a municipal
corporation if its police
department made the seizure, to the law
enforcement trust fund of
a township if the seizure was made by a
township police
department, township police district police force,
or office of a
township constable, to the law enforcement trust
fund of a park
district created pursuant to section 511.18 or
1545.01 of the
Revised Code if the seizure was made by the park
district police
force or law enforcement department, to the state
highway patrol
contraband, forfeiture, and other fund if the state
highway
patrol made the seizure, to the department of
public
safety investigative unit contraband, forfeiture, and
other fund
if the investigative unit of the
department of public
safety made
the
seizure, to the department of taxation enforcement fund if the department of taxation made the seizure, to
the
board of pharmacy drug law enforcement fund
created by division (B)(1) of section 4729.65 of the Revised Code
if the board made the seizure, or to the treasurer of state for
deposit into the peace officer training commission fund
if a state
law enforcement agency, other than the state highway patrol, the
investigative unit of the department of public safety, the enforcement division of the department of taxation, or the
state
board of pharmacy,
made the seizure. The prosecuting
attorney may decline to accept
any of the remaining proceeds or
forfeited moneys, and, if the prosecuting
attorney so
declines,
the remaining proceeds or forfeited moneys shall be
applied to the
fund described in this division that relates to
the law
enforcement agency that made the seizure.
A law enforcement trust fund shall be established by the
prosecuting attorney of each county who intends to receive any
remaining proceeds or forfeited moneys pursuant to this division,
by the sheriff of each county, by the legislative authority of
each municipal corporation, by the board of township trustees of
each township that has a township police department, township
police district police force, or office of the constable, and by
the board of park commissioners of each park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that
has
a park district police force or law enforcement department,
for
the purposes of this division. There is hereby created in
the
state treasury the state highway patrol contraband,
forfeiture,
and other fund, the department of
public safety investigative unit
contraband, forfeiture, and
other fund, the department of taxation enforcement fund, and
the
peace officer
training commission fund, for the purposes
described in this
division.
Proceeds or forfeited moneys distributed to any municipal
corporation, township, or park district law enforcement trust
fund
shall be allocated from the fund by the legislative
authority only
to the police department of the municipal
corporation, by the
board of township trustees only to the
township police department,
township police district police
force, or office of the constable,
and by the board of park
commissioners only to the park district
police force or law
enforcement department.
Additionally, no proceeds or forfeited moneys shall be
allocated to or used by the state highway patrol, the department
of public safety, the department of taxation, the state board of pharmacy, or a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department unless the state highway
patrol, department of public safety, department of taxation, state board of pharmacy,
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department has adopted a written
internal
control policy under division (D)(3) of this section
that
addresses the use of moneys received from the state highway
patrol
contraband, forfeiture, and other fund, the
department of public
safety investigative unit
contraband, forfeiture, and other fund,
the department of taxation enforcement fund, the board of pharmacy drug law
enforcement fund, or the
appropriate law enforcement trust fund.
The state
highway patrol contraband, forfeiture, and other
fund,
the department of public safety investigative
unit
contraband, forfeiture, and other fund, the department of taxation enforcement fund, and a law
enforcement
trust fund shall be expended only in accordance with
the written
internal control policy so adopted by the recipient,
and, subject
to the requirements specified in division
(D)(3)(a)(ii) of this
section, only to pay the costs of
protracted or complex
investigations or prosecutions, to provide
reasonable technical
training or expertise, to provide matching
funds to obtain federal
grants to aid law enforcement, in the
support of DARE programs or
other programs designed to educate
adults or children with respect
to the dangers associated with
the use of drugs of abuse,
to pay
the costs of emergency action taken under section 3745.13 of the
Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory, or for other law enforcement
purposes that the
superintendent of the state highway patrol,
department of public
safety, department of taxation, prosecuting attorney, county
sheriff, legislative
authority, board of township trustees, or
board of park
commissioners determines to be appropriate. The
board of pharmacy
drug law enforcement fund shall be expended
only in accordance
with the written internal control policy so
adopted by the board
and only in accordance with section 4729.65
of the Revised Code,
except that it also may be expended to pay the costs of emergency
action taken under section 3745.13 of the Revised Code relative to
the operation of an illegal methamphetamine laboratory if the
forfeited property or money involved was that of a person
responsible for the operation of the laboratory. The state
highway patrol contraband,
forfeiture, and other fund, the
department of
public safety investigative unit contraband,
forfeiture, and
other fund, the department of taxation enforcement fund, the
board
of pharmacy drug law
enforcement
fund, and a law enforcement trust fund shall not be
used to meet
the operating costs of the state highway patrol, of
the
investigative
unit of the department of
public safety, of the department of taxation enforcement division, of the
state board of pharmacy, of
any political subdivision, or of any
office of a prosecuting
attorney or county sheriff that are
unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state
treasury to be deposited into the peace officer training
commission fund shall be used by the commission
only to pay the
costs of peace
officer training.
Any sheriff or prosecuting attorney who receives proceeds
or
forfeited moneys pursuant to this division during any calendar
year shall file a report with the county auditor, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any municipal corporation police
department that is allocated proceeds or forfeited moneys from a
municipal corporation law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
legislative authority of the municipal corporation, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any township police department,
township police district police force, or office of the constable
that is allocated proceeds or forfeited moneys from a township
law
enforcement trust fund pursuant to this division during any
calendar year shall file a report with the board of township
trustees of the township, no later than the thirty-first day of
January of the next calendar year, verifying that the proceeds
and
forfeited moneys were expended only for the purposes
authorized by
this division and division (D)(3)(a)(ii) of this
section and
specifying the amounts expended for each authorized
purpose. Any
park district police force or law enforcement
department that is
allocated proceeds or forfeited moneys from a
park district law
enforcement trust fund pursuant to this
division during any
calendar year shall file a report with the
board of park
commissioners of the park district, no later than
the thirty-first
day of January of the next calendar year,
verifying that the
proceeds and forfeited moneys were expended
only for the purposes
authorized by this division and division
(D)(3)(a)(ii) of this
section and specifying the amounts expended
for each authorized
purpose. The superintendent of the state
highway patrol shall
file a report with the attorney general, no
later than the
thirty-first day of January of each calendar year,
verifying that
proceeds and forfeited moneys paid into the state
highway patrol
contraband, forfeiture, and other fund pursuant to
this division
during the prior calendar year were used by the
state highway
patrol during the prior calendar year only for the
purposes
authorized by this division and specifying the amounts
expended
for each authorized purpose. The executive director of
the state
board of pharmacy shall file a report with the attorney
general,
no later than the thirty-first day of January of each
calendar
year, verifying that proceeds and forfeited moneys paid
into the
board of pharmacy drug law enforcement fund during the
prior
calendar year were used only in accordance with section
4729.65 of
the Revised Code and specifying the amounts expended
for each
authorized purpose. The peace officer training
commission shall
file a report with the attorney general, no later than
the
thirty-first day of January of each calendar year, verifying that
proceeds and forfeited moneys paid into the peace officer
training
commission fund pursuant to this division
during the prior
calendar year were used by the commission during the
prior
calendar
year only to pay the costs of peace officer training and
specifying the amount used for that purpose.
The tax commissioner shall file a report with the attorney general, not later than the thirty-first day of January of each calendar year, verifying that proceeds and forfeited moneys paid into the department of taxation enforcement fund pursuant to this division during the prior calendar year were used by the enforcement division during the prior calendar year to pay only the costs of enforcing the tax laws and specifying the amount used for that purpose.
(2) If more than one law enforcement agency is
substantially
involved in the seizure of contraband that is
forfeited pursuant
to this section, the court ordering the
forfeiture shall equitably
divide the proceeds or forfeited
moneys, after calculating any
distribution to the law enforcement
trust fund of the prosecuting
attorney pursuant to division
(D)(1)(c) of this section, among any
county sheriff whose office
is determined by the court to be
substantially involved in the
seizure, any legislative authority
of a municipal corporation
whose police department is determined
by the court to be
substantially involved in the seizure, any
board of township
trustees whose law enforcement agency is
determined by the court
to be substantially involved in the
seizure, any board of park
commissioners of a park district whose
police force or law
enforcement department is determined by the
court to be
substantially involved in the seizure, the state board
of
pharmacy if it is determined by the court to be substantially
involved in the seizure, the investigative unit of the department
of
public safety
if it
is determined by the court to be
substantially involved in the
seizure, the enforcement division of the department of taxation if it is determined by the court to be substantially involved in the seizure, and the state highway
patrol if it is determined by the
court to be substantially
involved in the seizure. The proceeds
or forfeited moneys shall
be deposited in the respective law
enforcement trust funds of the
county sheriff, municipal
corporation, township, and park
district, the board of pharmacy
drug law enforcement fund, the
department of public safety investigative
unit
contraband,
forfeiture, and other fund, the department of taxation enforcement fund, or the state highway
patrol
contraband,
forfeiture, and other fund, in accordance with
division (D)(1)(c)
of this section. If a state law enforcement
agency, other than
the state highway patrol, the investigative
unit of the department of
public safety,
the department of taxation, or the state board of
pharmacy, is determined by the court to be
substantially involved
in the seizure, the state agency's
equitable share of the proceeds
and forfeited moneys shall be
paid to the treasurer of state for
deposit into the peace officer
training commission fund.
(3)(a)(i) Prior to being allocated or using any proceeds
or
forfeited moneys out of the state highway patrol contraband,
forfeiture, and other fund, the department of
public safety
investigative unit contraband, forfeiture, and
other fund, the department of taxation enforcement fund, the
board of
pharmacy drug law enforcement
fund, or a law enforcement
trust fund under division (D)(1)(c) of
this section, the state
highway patrol, the department of public safety, the department of taxation, the
state board
of pharmacy, and a county sheriff,
prosecuting attorney, municipal
corporation police department,
township police department,
township police district police
force, office of the constable, or
park district police force or
law enforcement department shall
adopt a written internal control
policy that addresses the state
highway patrol's, department of
public safety's, department of taxation's, state board of
pharmacy's, sheriff's,
prosecuting attorney's, police
department's, police force's,
office of the constable's, or law
enforcement department's use
and disposition of all the proceeds
and forfeited moneys received
and that provides for the keeping of
detailed financial records
of the receipts of the proceeds and
forfeited moneys, the general
types of expenditures made out of
the proceeds and forfeited
moneys, the specific amount of each
general type of expenditure,
and the amounts, portions, and
programs described in division
(D)(3)(a)(ii) of this section. The
policy shall not provide for
or permit the identification of any
specific expenditure that is
made in an ongoing investigation.
All financial records of the receipts of the proceeds and
forfeited moneys, the general types of expenditures made out of
the proceeds and forfeited moneys, the specific amount of each
general type of expenditure by the state highway patrol, by the
department of public safety, by the department of taxation, by the state board of pharmacy, and
by a sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department, and the amounts, portions,
and programs described in division (D)(3)(a)(ii) of this section
are public records open for inspection under section 149.43 of
the
Revised Code. Additionally, a written internal control
policy
adopted under this division is a public record of that nature, and
the state highway patrol, the department of public safety, the department of taxation, the
state board of pharmacy, or the sheriff, prosecuting attorney,
municipal corporation police department, township police
department, township police district police force, office of the
constable, or park district police force or law enforcement
department that adopted it shall comply with it.
(ii) The written internal control policy of a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department shall provide that at least
ten per cent of the first one hundred thousand dollars of
proceeds
and forfeited moneys deposited during each calendar year
in the
sheriff's, prosecuting attorney's, municipal
corporation's,
township's, or park district's law enforcement
trust fund pursuant
to division (B)(7)(c)(ii) of section 2923.46
or division
(B)(8)(c)(ii) of section 2925.44 of
the Revised Code, and at least
twenty per cent of the proceeds
and forfeited moneys exceeding one
hundred thousand dollars that
are so deposited, shall be used in
connection with community
preventive education programs. The
manner in which the described
percentages are so used shall be
determined by the sheriff,
prosecuting attorney, department,
police force, or office of the
constable after the receipt and
consideration of advice on
appropriate community preventive
education programs from the
county's board of alcohol, drug
addiction, and mental health
services, from the county's alcohol
and drug addiction services
board, or through appropriate
community dialogue. The financial
records described in division
(D)(3)(a)(i) of this section shall
specify the amount of the
proceeds and forfeited moneys deposited
during each calendar year
in the sheriff's, prosecuting
attorney's, municipal corporation's,
township's, or park
district's law enforcement trust fund pursuant
to division
(B)(7)(c)(ii) of section 2923.46 or division
(B)(8)(c)(ii) of
section 2925.44 of the Revised Code, the portion
of
that amount that was used pursuant to the requirements of this
division, and the community preventive education programs in
connection with which the portion of that amount was so used.
As used in this division,
"community preventive education
programs" includes, but is not limited to, DARE programs and
other
programs designed to educate adults or children with
respect to
the dangers associated with the use of drugs of abuse.
(b) Each sheriff, prosecuting attorney, municipal
corporation police department, township police department,
township police district police force, office of the constable,
or
park district police force or law enforcement department that
receives in any calendar year any proceeds or forfeited moneys
out
of a law enforcement trust fund under division (D)(1)(c) of
this
section or uses any proceeds or forfeited moneys in its law
enforcement trust fund in any calendar year shall prepare a
report
covering the calendar year that cumulates all of the
information
contained in all of the public financial records kept
by the
sheriff, prosecuting attorney, municipal corporation
police
department, township police department, township police
district
police force, office of the constable, or park district
police
force or law enforcement department pursuant to division
(D)(3)(a)
of this section for that calendar year, and shall send
a copy of
the cumulative report, no later than the first day of
March in the
calendar year following the calendar year covered by
the report,
to the attorney general.
The superintendent of the state highway patrol shall
prepare
a report covering each calendar year in which the state
highway
patrol uses any proceeds or forfeited moneys in the state
highway
patrol contraband, forfeiture, and other fund under
division
(D)(1)(c) of this section, that cumulates all of the
information
contained in all of the public financial records kept
by the state
highway patrol pursuant to division (D)(3)(a) of
this section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general.
The department of public safety shall prepare a report
covering each fiscal year in which the department uses any
proceeds or forfeited moneys in the department of public safety
investigative unit contraband, forfeiture, and other fund under
division (D)(1)(c) of this section that
cumulates all of the
information contained in all of the public
financial records kept
by the department pursuant to division
(D)(3)(a) of this section
for that fiscal year. The department
shall send a copy of the
cumulative report to the attorney
general no later than the first
day of August in the fiscal year
following the fiscal year covered
by the report. The director of
public safety shall include in the
report a verification that
proceeds and forfeited moneys paid into
the department of
public safety investigative unit contraband,
forfeiture, and other fund under division (D)(1)(c) of this
section during the
preceding
fiscal year were used by the
department during that fiscal year only for
the purposes
authorized by that division and shall specify the
amount used for
each authorized purpose.
The tax commissioner shall prepare a report covering each calendar year in which the department of taxation enforcement division uses any proceeds or forfeited moneys in the department of taxation enforcement fund under division (D)(1)(c) of this section, that cumulates all of the information contained in all of the public financial records kept by the department of taxation enforcement division pursuant to division (D)(3)(a) of this section for that calendar year, and shall send a copy of the cumulative report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general.
The executive director of the state board of pharmacy shall
prepare a report covering each calendar year in which the board
uses any proceeds or forfeited moneys in the board of pharmacy
drug law enforcement fund under division (D)(1)(c) of this
section, that cumulates all of the information contained in all
of
the public financial records kept by the board pursuant to
division (D)(3)(a) of this section for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later
than the
fifteenth day of April in the calendar year in
which the
reports are received, the attorney
general shall send to the
president of the senate and the speaker of the house of
representatives a written notification that does all of the
following:
(i) Indicates that the attorney general has received from
entities or persons specified in this division reports
of the type
described in this division that cover the previous
calendar year
and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request.
(4)(a) A law enforcement agency that receives pursuant to
federal law proceeds from a sale of forfeited contraband, proceeds
from
another disposition of forfeited contraband, or
forfeited
contraband moneys shall deposit, use, and account for
the proceeds
or forfeited moneys in accordance with, and
otherwise comply with,
the applicable federal law.
(b) If the state highway patrol receives pursuant to federal
law proceeds
from a sale of forfeited contraband, proceeds from
another disposition of
forfeited contraband, or forfeited
contraband moneys, the appropriate
governmental officials shall
deposit into the state highway patrol contraband,
forfeiture, and
other fund all interest or other earnings derived from the
investment of the proceeds or forfeited moneys. The state highway
patrol
shall use and account for that interest or other earnings
in accordance with
the applicable federal law.
(c) If the investigative unit of the
department of public
safety receives pursuant to federal law proceeds from a
sale of
forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the
appropriate governmental officials shall deposit into the
department of
public safety investigative unit
contraband,
forfeiture, and other fund all interest
or other earnings derived
from the investment of the proceeds or
forfeited moneys. The
department shall use and account for that
interest or other
earnings in accordance with the applicable
federal law.
(d) If the tax commissioner receives pursuant to federal law proceeds from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, the appropriate governmental officials shall deposit into the department of taxation enforcement fund all interest or other earnings derived from the investment of the proceeds or forfeited moneys. The department shall use and account for that interest or other earnings in accordance with the applicable federal law.
(e) Divisions (D)(1) to (3) of this section do not apply to
proceeds
or
forfeited moneys received pursuant to federal law or
to the interest or other
earnings that are derived from the
investment of proceeds or forfeited moneys
received pursuant to
federal law and that are described in division (D)(4)(b)
of this
section.
(E) Upon the sale pursuant to this section of any property
that is required to be titled or registered under law, the state
shall issue an appropriate certificate of title or registration
to
the purchaser. If the state is vested with title pursuant to
division (C) of this section and elects to retain property that
is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Notwithstanding any provisions of this section to the
contrary, any property that is lawfully seized in relation to a
violation of section 2923.32 of the Revised Code shall be subject
to forfeiture and disposition in accordance with sections 2923.32
to 2923.36
of the Revised Code; any property that is forfeited
pursuant
to section 2923.44 or 2923.45 of the Revised Code in
relation to a violation of section
2923.42 of the Revised Code or
in relation to an act of a juvenile that is a violation of
section
2923.42 of the Revised Code may be subject to forfeiture and
disposition in
accordance with sections 2923.44 to 2923.47 of the
Revised Code;
and any
property that is forfeited pursuant to
section 2925.42 or 2925.43
of the Revised Code in relation to a
felony drug abuse offense,
as defined in section 2925.01 of the
Revised Code, or in relation
to an act that, if committed by an
adult, would be a felony
drug abuse offense of that nature, may be
subject to forfeiture and
disposition in accordance with sections
2925.41 to 2925.45 of the Revised Code
or this section.
(G) Any failure of a law enforcement officer or agency, a
prosecuting attorney, village solicitor, city director of law, or
similar chief legal officer, a court, or the attorney general to
comply with any duty imposed by this section in relation to any
property seized or with any other provision of this section in
relation to any property seized does not affect the validity of
the seizure of the property, provided the seizure itself was made
in accordance with law, and is not and shall not be considered to
be the basis for the suppression of any evidence resulting from
the seizure of the property, provided the seizure itself was made
in accordance with law.
(H) Contraband that has been forfeited pursuant to
division
(C) of this section shall not be available for use to
pay any fine
imposed upon a person who is convicted of or pleads
guilty to an
underlying criminal offense or a different offense
arising out of
the same facts and circumstances.
Sec. 2935.01. As used in this chapter:
(A) "Magistrate" has the same meaning as in section
2931.01
of the Revised Code.
(B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal;
deputy marshal; member of the organized
police
department of any
municipal corporation, including a member of
the organized police
department of a municipal corporation in an
adjoining state
serving in Ohio under a contract pursuant to
section 737.04 of the
Revised Code; member of a police force
employed by a metropolitan
housing authority under division (D)
of section 3735.31 of the
Revised Code; member of a police
force employed by a
regional
transit authority under division (Y) of section 306.05 of the
Revised
Code; state university law
enforcement officer appointed
under section 3345.04 of the
Revised Code; enforcement agent of
the department of
public safety designated under section 5502.14
of the Revised Code; employee of the department of taxation to
whom investigation powers have been delegated under section
5743.45 5703.58 of the Revised Code; employee of the
department of natural
resources who is a natural resources law enforcement
staff officer
designated pursuant to section 1501.013 of the Revised Code, a
forest officer designated pursuant to section
1503.29 of the
Revised Code, a preserve officer designated pursuant to section
1517.10 of the Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer
designated pursuant to section
1541.10 of the Revised Code, or a
state
watercraft officer designated pursuant to
section 1547.521
of the Revised
Code; individual designated to perform law
enforcement duties under
section 511.232, 1545.13, or 6101.75 of
the Revised Code; veterans' home
police officer appointed
under
section 5907.02 of the Revised Code; special police officer
employed by a port
authority under section 4582.04 or 4582.28 of
the Revised Code; police
constable of any
township; police
officer of a township or joint township
police
district;
a special
police officer employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, that has
scheduled operations, as defined in section 119.3 of Title 14 of
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended; the house
sergeant at arms if the
house sergeant at arms has
arrest
authority pursuant to division
(E)(1) of section 101.311 of the
Revised Code;
and an assistant
house sergeant at arms;
officer or
employee of the bureau of
criminal identification and
investigation established pursuant to
section 109.51 of the
Revised Code who has been awarded a
certificate by the executive
director of the Ohio peace officer
training commission attesting
to the officer's or employee's
satisfactory completion of an
approved state, county, municipal,
or department of natural
resources peace officer basic training
program and who is
providing
assistance upon request to a law
enforcement officer or
emergency assistance to
a peace officer
pursuant to section
109.54
or 109.541 of the Revised Code; and,
for the purpose of
arrests
within
those areas,
for the
purposes of Chapter 5503. of the
Revised
Code, and the
filing of
and service of process relating to
those
offenses
witnessed or
investigated by them,
the
superintendent
and troopers of
the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney
and
any assistant prosecutor designated to assist the county
prosecuting attorney,
and, in the
case of courts inferior to
courts of common pleas, includes the
village solicitor, city
director of law, or similar chief legal
officer of a municipal
corporation, any such officer's assistants, or any
attorney
designated by the prosecuting attorney of
the county to
appear for
the prosecution of a given case.
(D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances of municipal corporations and other
public bodies authorized by law to adopt penal regulations.
Sec. 2949.091. (A)(1) The court, in which any person is
convicted of or pleads guilty to any offense other than a traffic
offense that is not a moving violation, shall impose the sum of
eleven fifteen dollars as costs in the case in addition to any other
court costs that the court is required by law to impose upon the
offender. All such moneys collected during a month shall be
transmitted on or before the twentieth day of the
following month by the clerk of the court to the
treasurer of state and deposited by the treasurer of state into
the general revenue fund. The court shall not waive the payment
of the additional eleven fifteen dollars court costs, unless the court
determines that the offender is indigent and waives the payment
of all court costs imposed upon the indigent offender.
(2) The juvenile court, in which a child is found to be a
delinquent child or a juvenile traffic offender for an act which,
if committed by an adult, would be an offense other than a
traffic offense that is not a moving violation, shall impose the
sum of eleven fifteen dollars as costs in the case in addition to any
other court costs that the court is required or permitted by law
to impose upon the delinquent child or juvenile traffic offender.
All such moneys collected during a month shall be transmitted on or
before the twentieth day of
the following month by the clerk of the court to the
treasurer of state
and deposited by the treasurer of state into the general revenue
fund. The eleven fifteen dollars court costs shall be collected in all
cases unless the court determines the juvenile is indigent and
waives the payment of all court costs, or enters an order on its
journal stating that it has determined that the juvenile is
indigent, that no other court costs are to be taxed in the case,
and that the payment of the eleven fifteen dollars court costs is waived.
(B) Whenever a person is charged with any offense other
than a traffic offense that is not a moving violation and posts
bail, the court shall add to the amount of the bail the eleven fifteen
dollars required to be paid by division (A)(1) of this section.
The eleven fifteen dollars shall be retained by the clerk of the court
until the person is convicted, pleads guilty, forfeits bail, is
found not guilty, or has the charges dismissed. If
the person is convicted, pleads guilty, or forfeits bail, the
clerk shall transmit the eleven fifteen dollars on or before the twentieth day of
the month following the month in which the person was convicted, pleaded
guilty, or forfeited bail to the treasurer of
state, who shall deposit it into the general revenue fund. If
the person is found not guilty or the charges are
dismissed, the clerk shall return the eleven fifteen dollars to the
person.
(C) No person shall be placed or held in a detention
facility for failing to pay the additional eleven fifteen dollars court
costs or bail that are required to be paid by this section.
(D) As used in this section:
(1) "Moving violation" and "bail" have the same meanings
as in section 2743.70 of the Revised Code.
(2) "Detention facility" has the same meaning as in
section 2921.01 of the Revised Code.
Sec. 3111.04. (A) An action to determine the existence or
nonexistence of the father and child relationship may be brought
by the child or the child's personal representative, the child's
mother or her personal representative, a man alleged or alleging
himself to be the child's father, the child support enforcement
agency of the county in which the child resides if the child's
mother is a recipient of public assistance or of services under Title IV-D of
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,
as amended, or the alleged father's personal representative.
(B) An agreement does not bar an action under this
section.
(C) If an action under this section is brought before the
birth of the child and if the action is contested, all
proceedings, except service of process and the taking of
depositions to perpetuate testimony, may be stayed until after
the birth.
(D) A recipient of public assistance or of services under Title IV-D of
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,
as amended, shall cooperate with the child support
enforcement agency of
the county in which a child resides to obtain an
administrative
determination pursuant to sections 3111.38 to
3111.54 of the
Revised Code, or, if necessary, a court
determination pursuant to sections 3111.01 to 3111.18
of the Revised Code, of
the
existence or nonexistence of a parent and
child relationship between the father and the child. If the recipient fails
to
cooperate, the agency may commence an action to determine the existence or
nonexistence of a parent and child relationship between the father and the
child pursuant to sections 3111.01 to 3111.18 of the
Revised Code.
(E) As used in this section, "public assistance" means medical
assistance under Chapter 5111. of the Revised Code, assistance under
Chapter 5107. of the Revised Code, or disability financial assistance under Chapter
5115. of the Revised Code, or disability medical assistance under Chapter 5115. of the Revised Code.
Sec. 3111.72. (A) The contract between the department of
job and family services and a local hospital shall require all of the
following:
(A)(1) That the hospital provide a staff person to
meet with each unmarried
mother who gave birth in or en route to the hospital within
twenty-four hours of the birth or before the mother is released
from the hospital;
(B)(2) That the staff person attempt to meet with the father
of the unmarried mother's child if possible;
(C)(3) That the staff person explain to the unmarried mother
and the father, if he is present, the benefit to the child of
establishing a parent and child relationship between the father
and the child and the various proper procedures for establishing
a parent and child relationship;
(D)(4) That the staff person present to the unmarried mother
and, if possible, the father, the pamphlet or statement
regarding
the rights and responsibilities of a natural parent that is
prepared and provided by the department of job and family services pursuant to
section 3111.32 of the Revised Code;
(E)(5) That the staff person provide the mother and, if
possible, the father, all forms and statements
necessary to voluntarily establish a parent and child
relationship, including, but not limited to, the acknowledgment
of paternity affidavit prepared by the department of job and family services
pursuant to section 3111.31 of the Revised Code;
(F)(6) That the staff person, at the request of both the
mother and father, help the mother and father complete any form
or
statement necessary to establish a parent and child
relationship;
(G)(7) That the hospital provide a notary public to notarize an
acknowledgment of paternity affidavit signed by the mother and
father;
(H)(8) That the staff person present to an unmarried mother
who is not participating in the Ohio works first program established
under
Chapter 5107. or receiving medical assistance under Chapter
5111. of the
Revised Code
an application for Title IV-D services;
(I)(9) That the staff person forward any completed
acknowledgment of paternity, no later than ten days after it is
completed, to the office of child support in the department of
job and family services;
(J)(10) That the department of job and family services pay the
hospital twenty
dollars
for every correctly signed and notarized acknowledgment of paternity affidavit
from the hospital;
(11) That, if an acknowledgment of paternity application is not completed and signed by the mother and father, at the request of either the mother or father and on completion by the mother or father of an application for services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, including paternity determination, the hospital staff immediately collect genetic samples from the mother, father, and child at no cost to either parent;
(12) That the department pay the hospital thirty dollars for each sample collected pursuant to division (A)(11) of this section;
(13) That the department pay the cost of genetic tests of samples collected pursuant to division (A)(11) of this section.
(B) The director of job and family services shall adopt rules under Chapter 119. of the Revised Code to implement this section.
Sec. 3119.01. (A) As used in the
Revised
Code, "child
support
enforcement agency" means a child support enforcement
agency
designated under former section 2301.35 of the Revised Code
prior to October 1, 1997, or a private or
government entity
designated as a child support enforcement agency
under section
307.981 of the
Revised
Code.
(B) As used in this
chapter and Chapters 3121., 3123., and
3125. of the Revised Code:
(1) "Administrative child support order" means any order
issued by a child support enforcement agency for the support of
a
child pursuant to section 3109.19 or
3111.81 of the Revised
Code
or former section 3111.211 of the Revised
Code, section 3111.21 of
the Revised Code as that
section existed prior to January 1, 1998,
or section 3111.20 or
3111.22 of the Revised Code as those
sections existed prior
to
March
22, 2001.
(2) "Child support order" means either a court child support
order or an
administrative child support order.
(3) "Obligee" means the person who is entitled to receive
the support payments under a support order.
(4) "Obligor" means the person who is required to pay
support under a support order.
(5) "Support order" means either an administrative child
support order or
a court support order.
(C) As used in this chapter:
(1) "Combined gross income" means the combined gross
income
of both parents.
(2) "Court child support order" means any order issued by
a
court for the support of a child pursuant to
Chapter 3115. of the
Revised Code, section
2151.23, 2151.231, 2151.232, 2151.33,
2151.36,
2151.361, 2151.49, 3105.21, 3109.05,
3109.19, 3111.13,
3113.04,
3113.07, 3113.31, 3119.65,
or 3119.70
of the
Revised
Code, or division (B) of former section 3113.21 of the
Revised
Code.
(3) "Court support order" means either a court child support
order or an order for the support of a spouse
or former spouse
issued pursuant to
Chapter 3115. of the Revised Code, section
3105.18,
3105.65, or 3113.31 of the
Revised
Code, or
division (B) of former section
3113.21 of the
Revised Code.
(4) "Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar
year that
exceed one hundred dollars.
(5) "Income" means either of the following:
(a) For a parent who is employed to full capacity, the
gross
income of the parent;
(b) For a parent who is unemployed or underemployed, the
sum
of the gross income of the parent and any potential income
of the
parent.
(6) "Insurer" means any person
authorized under Title XXXIX
of the Revised Code to
engage in the business of insurance in this
state, any
health insuring corporation,
and any legal entity that
is
self-insured and provides benefits to its employees or members.
(7) "Gross income" means, except as excluded in
division
(C)(7) of this section, the total of all earned and unearned
income from all
sources during a calendar year, whether or not the
income is
taxable, and includes income from
salaries, wages,
overtime pay, and bonuses to the extent described
in division (D)
of section 3119.05 of the Revised Code; commissions;
royalties;
tips; rents; dividends; severance pay; pensions; interest; trust
income; annuities; social security benefits, including retirement,
disability,
and survivor benefits that are not means-tested;
workers'
compensation benefits; unemployment insurance benefits;
disability insurance benefits; benefits that are not means-tested
and that are
received by and in the possession of
the veteran who
is the beneficiary for any service-connected disability under
a
program or law administered by the United States
department of
veterans'
affairs or veterans' administration; spousal support
actually received; and
all other sources of
income. "Gross
income" includes income of members of any branch of the
United
States armed services or national guard, including,
amounts
representing base pay, basic allowance for quarters,
basic
allowance for subsistence, supplemental subsistence
allowance,
cost of living adjustment, specialty pay, variable
housing
allowance, and pay for training or other types of
required drills;
self-generated income; and potential cash flow
from any source.
"Gross income" does not include any of the following:
(a) Benefits received from
means-tested government
administered programs, including Ohio
works first; prevention,
retention, and contingency; means-tested veterans'
benefits;
supplemental security income; food stamps; disability financial
assistance;
or other assistance for which eligibility is determined on the
basis of income or assets;
(b) Benefits for any
service-connected disability under a
program or law administered
by the United States department of
veterans' affairs or
veterans'
administration that are not
means-tested, that have not been distributed to
the veteran who is
the
beneficiary of the benefits, and that are in the possession of
the
United
States department of veterans' affairs or veterans'
administration;
(c) Child support received for
children who were not born or
adopted during the marriage at
issue;
(d) Amounts paid for mandatory deductions
from wages such as
union dues but not taxes, social security, or retirement in
lieu
of social security;
(e) Nonrecurring or unsustainable income
or cash flow items;
(f) Adoption assistance and foster care maintenance payments
made
pursuant to Title IV-E of the "Social
Security Act," 94 Stat.
501, 42 U.S.C.A. 670 (1980),
as amended.
(8) "Nonrecurring or unsustainable income or cash flow
item"
means an income or cash flow item the parent receives
in any year
or for any number of years not to exceed three years
that the
parent does not expect to continue to receive on a
regular basis.
"Nonrecurring or unsustainable income or cash
flow item" does not
include a lottery prize award that is not
paid in a lump sum or
any other item of income or cash flow that
the parent receives or
expects to receive for each year for a
period of more than three
years or that the parent receives and
invests or otherwise uses to
produce income or cash flow for
a period of more than three years.
(9)(a) "Ordinary and necessary expenses incurred in
generating gross receipts" means actual cash items expended by
the
parent or the parent's business and includes
depreciation expenses
of
business equipment as shown on the books of a
business entity.
(b) Except as specifically included in "ordinary and
necessary expenses incurred in generating gross receipts" by
division (C)(9)(a) of this section, "ordinary and
necessary
expenses incurred in generating gross receipts" does not include
depreciation expenses and other noncash items that are allowed as
deductions on any federal tax return of the parent or the
parent's
business.
(10) "Personal earnings" means compensation paid or
payable
for personal services, however denominated, and
includes wages,
salary, commissions,
bonuses, draws against commissions, profit
sharing, vacation
pay, or any other compensation.
(11) "Potential income" means both of the following for a
parent who the court pursuant to a court support order, or a child
support
enforcement agency pursuant to an administrative child
support order,
determines is voluntarily unemployed or voluntarily
underemployed:
(a) Imputed income that the court or agency determines the
parent would have earned if fully employed as determined from the
following criteria:
(i) The parent's prior employment experience;
(ii) The parent's education;
(iii) The parent's physical and mental disabilities, if any;
(iv) The availability of employment in the geographic area
in
which the parent resides;
(v) The prevailing wage and salary levels in the geographic
area
in which the parent resides;
(vi) The parent's special skills and training;
(vii) Whether there is evidence that the parent has the
ability to
earn the imputed income;
(viii) The age and special needs of the child for whom child
support is being calculated under this section;
(ix) The parent's increased earning capacity because of
experience;
(x) Any other relevant factor.
(b) Imputed income from any nonincome-producing assets of
a
parent, as determined from the local passbook savings rate or
another appropriate rate as determined by the court or agency,
not
to exceed the rate of interest specified in division (A) of
section 1343.03 of the Revised Code, if the income is significant.
(12) "Schedule" means the basic child support schedule set
forth in section 3119.021 of the Revised Code.
(13) "Self-generated income" means gross receipts received
by a parent from self-employment, proprietorship of a business,
joint ownership of a partnership or closely held corporation, and
rents minus ordinary and necessary expenses incurred by the
parent
in generating the gross receipts. "Self-generated income"
includes expense reimbursements or in-kind payments received by a
parent from self-employment, the operation of a business, or
rents, including company cars, free housing,
reimbursed meals, and
other benefits, if the reimbursements are
significant and reduce
personal living expenses.
(14) "Split parental rights and responsibilities" means a
situation in which there is more than one child who is the
subject
of an allocation of parental rights and responsibilities
and each
parent is the residential parent and legal custodian of
at least
one of those children.
(15) "Worksheet" means the applicable worksheet that is
used
to calculate a parent's child support obligation as
set forth in
sections 3119.022 and 3119.023 of the Revised Code.
Sec. 3123.952. A child support enforcement agency may submit the name
of a delinquent obligor to the office of child support for inclusion on a
poster only if all of the following apply:
(A) The obligor is subject to a support order and there
has been an attempt to enforce the order through a public notice,
a wage withholding order, a lien on property, a financial
institution deduction order, or other court-ordered procedures.
(B) The department of job and family services reviewed the
obligor's records and confirms the child support enforcement
agency's finding that the obligor's name and photograph may be
submitted to be displayed on a poster.
(C) The agency does not know or is unable to verify the
obligor's whereabouts.
(D) The obligor is not a participant in Ohio works first
or the prevention, retention, and contingency program or a recipient of
disability financial assistance, supplemental security income, or
food stamps.
(E) The child support enforcement agency does not have
evidence that the obligor has filed for protection under the
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.
(F) The obligee gave written authorization to the agency
to display the obligor on a poster.
(G) A legal representative of the agency and a child
support enforcement administrator reviewed the case.
(H) The agency is able to submit to the department a
description and photograph of the obligor, a statement of the
possible locations of the obligor, and any other information
required by the department.
Sec. 3123.97. (A) As used in this section:
(1) "Default" has the same meaning as in section 3121.01 of the Revised Code.
(2) "Claimant" means an individual that brings a claim against an insurance company under a policy of liability or life insurance as a beneficiary of the policy. For this purpose, an "individual" includes an individual's estate.
(3) "Insurance company" means any person authorized to engage in the business of insurance in this state under Title XXXIX of the Revised Code.
(B) A claimant shall provide the claimant's date of birth, social security number, and current address to the insurance company upon the insurance company's request. The insurance company may inform the claimant that the information request is being made in accordance with this section, for the purpose of assisting the department of job and family services in enforcing child support orders. An insurance company is prohibited from paying a claimant who refuses to provide the requested information. An insurance company that does not pay a claimant due to the claimant's refusal to provide the requested information is exempt from suit and immune from liability under the Revised Code and in any common law action in law or equity.
(C) Every month, for purposes of the information exchange required by this section, the department of job and family services shall provide all insurance companies writing life and liability policies of insurance with a list of all child support obligors against whom a final and enforceable determination of default has been made under sections 3123.01 to 3123.07 of the Revised Code. The list provided by the department of job and family services also shall contain the addresses, dates of birth, and social security numbers of the obligors, as well as the amount of each obligor's default.
(D) Not fewer than ten days prior to making any nonrecurring payment to a claimant that is equal to or in excess of five hundred dollars, insurance companies shall attempt to match the claimant's name, date of birth, social security number, and current address with the list of obligors and related information provided by the department of job and family services in order to determine whether the claimant may be a child support obligor in default. If the claimant is a child support obligor in default, the insurance company shall hold the payment and advise the department of job and family services of the claimant's name, address, date of birth, and social security number.
(E)(1) Except as provided in division (E)(2) of this section, the insurance company holding a payment pursuant to division (D) of this section shall divert the payment to the department of job and family services upon receiving a notification from the department of the amount of the claimant's default. The department of job and family services shall distribute the diverted payment in accordance with state and federal laws.
(2) If the payment held is greater than the default amount, only an amount equal to the default amount shall be diverted to the department of job and family services. Any remaining money then shall be paid out according to the insurance policy.
(F) This section does not apply to that portion of a claim resulting in payments being issued to a third party on behalf of the claimant when there is documentation showing that the third party has provided or agreed to provide the claimant with a benefit or service related to the claim, including, but not limited to, the services of an attorney or a physician, or to any portion of a claim based on damage to or the loss of real property.
(G) No insurance company that is required to exchange information with and to divert payments to the department of job and family services under this section shall fail to cooperate with the department, or with any child support enforcement agency, when requested to provide information or to divert a payment. Any insurance company that fails to cooperate is liable to the department of job and family services for the default amount, up to the amount of the claim payment available.
(H) Information provided by the department of job and family services to an insurance company under this section may only be used for the purpose of assisting the department in collecting past-due child support. Any individual or insurance company that uses the information for any other purpose shall pay a fine of five hundred dollars per violation to the department of job and family services. The fines are to be considered program income by the department of job and family services.
(I) The department of job and family services may enter into contracts with private third-party vendors in order to carry out the information exchange with insurance companies required by this section.
(J) The department of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code to carry out the purposes of this section.
Sec. 3125.12. Each child
support enforcement agency shall enter into a plan
of cooperation with the board of county commissioners under section 307.983
of the Revised Code and comply with the partnership
each fiscal agreement the board enters
into under section 307.98 and contracts the board enters into under sections
307.981 and 307.982 of the Revised Code that affect the
agency.
Sec. 3125.25. The director
of job and family services shall adopt rules under Chapter 119. of the Revised Code
governing the operation of support enforcement by
child support enforcement agencies. The rules shall include, but
shall not be limited to, provisions relating to plans of cooperation between
the agencies and boards of county commissioners entered into
under section 3125.12 of the Revised Code, provisions concerning fiscal agreements that boards enter into under section 307.98 of the Revised Code, requirements for public
hearings by the agencies, and provisions for appeals of agency
decisions under procedures established by the director.
Rules concerning fiscal agreements shall be adopted in accordance with section 111.15 of the Revised Code as if they were internal management rules. All other rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 3301.31. As used in this section and sections 3301.32 to 3301.37 of the Revised Code:
(A) "Eligible individual" means an individual eligible for Title IV-A services.
(B) "Head start agency" means any of the following:
(1) An entity in this state that has been approved to be an agency for purposes of the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C. 9831, as amended;
(2) A Title IV-A head start agency;
(3) A Title IV-A head start plus agency.
(C) "Head start program" has the same meaning as in section 5104.01 of the Revised Code.
(D) "Title IV-A services" means benefits and services that are allowable under Title IV-A of the "Social Security Act," as specified in 42 U.S.C.A 604(a), except that they shall not be benefits and services included in the term "assistance" as defined in 45 C.F.R. 260.31(a) and shall be benefits and services that are excluded from the definition of the term "assistance" under 45 C.F.R. 260.31(b).
(E) "Title IV-A head start agency" means an agency receiving funds to operate a head start program as prescribed in section 3301.34 of the Revised Code.
(F) "Title IV-A head start plus agency" means an agency receiving funds to operate a head start program as prescribed in section 3301.35 of the Revised Code.
Sec. 3301.33. (A) There is hereby established the Title IV-A head start program to provide head start program services to eligible individuals.
(B) There is hereby established the Title IV-A head start plus program to provide year-long head start program services and child care services to eligible individuals.
(C) The programs established under divisions (A) and (B) of this section shall be administered by the department of education in accordance with an interagency agreement entered into with the department of job and family services under section 5101.801 of the Revised Code. The programs shall provide Title IV-A services to eligible individuals who meet eligibility requirements established in rules and administrative orders adopted by the department of job and family services under Chapter 5104. of the Revised Code. The department of job and family services and the department of education jointly shall adopt policies and procedures establishing program requirements for eligibility, services, program administration, fiscal accountability, and other criteria necessary to comply with the provisions of Title IV-A of the "Social Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996), as amended.
The department of education shall be responsible for approving all Title IV-A head start agencies and Title IV-A head start plus agencies for provision of services under the programs established under this section. An agency that is not approved by the department shall not be reimbursed for the cost of providing services under the programs.
Sec. 3301.34. In administering the Title IV-A head start program established under division (A) of section 3301.33 of the Revised Code, the department of education shall enter into a contract with each Title IV-A head start agency establishing the terms and conditions applicable to the provision of Title IV-A services for eligible individuals. The contracts shall specify the respective duties of the Title IV-A head start agencies and the department of education, reporting requirements, eligibility requirements, procedures for obtaining verification of eligibility for Title IV-A services from a county department of job and family services, reimbursement methodology, audit requirements, and other provisions determined necessary. The department of education shall reimburse the Title IV-A head start agencies for Title IV-A services provided to eligible individuals in accordance with the terms of the contract, policies and procedures adopted by the department of education and the department of job and family services under section 3301.33 of the Revised Code, and the interagency agreement entered into by the departments.
The department of education shall ensure that all reimbursements paid to a Title IV-A head start agency are only for Title IV-A services.
The department of education shall ensure that all reimbursements paid to a Title IV-A head start agency are for only those individuals for whom the Title IV-A head start agency has obtained verification of eligibility for Title IV-A services from the appropriate county department of job and family services, as provided for in section 3301.36 of the Revised Code.
Sec. 3301.35. (A) In administering the Title IV-A head start plus program established under division (B) of section 3301.33, the department of education shall enter into a contract with each county department of job and family services to administer the program within its respective county. The county departments shall verify the eligibility for Title IV-A services of individuals and reimburse Title IV-A head start plus agencies for Title IV-A services provided to eligible individuals under the program. The department of education shall reimburse the county departments for allowable payments made to Title IV-A head start plus agencies.
The contract entered into by the department of education and each county department shall specify the duties of the county department and the department of education, reporting requirements, reimbursement methodology, audit requirements, and other provisions determined necessary. The department of education shall reimburse each county department for reimbursements the county department pays to Title IV-A head start plus agencies for Title IV-A services in accordance with the terms of the contract and with policies and procedures adopted by the department of education and the state department of job and family services under section 3301.33 of the Revised Code.
Each county department shall deposit all reimbursements received under this section into the county public assistance fund.
(B) Each county department shall administer the program within its respective county in accordance with requirements established by the state department of job and family services under section 5101.801 of the Revised Code. The county department shall ensure that all reimbursements paid to a Title IV-A head start plus agency are for only Title IV-A services.
The administration of the Title IV-A head start plus program by the county department shall include all of the following:
(1) Determining eligibility of individuals and establishing co-payment requirements in accordance with rules adopted by the state department of job and family services;
(2) Ensuring that any reimbursements paid by the county department to a Title IV-A head start plus agency comply with requirements of Title IV-A of the "Social Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996), as amended, including eligibility of individuals, reporting requirements, allowable benefits and services, use of funds, and audit requirements, as specified in state and federal laws and regulations, United States office of management and budget circulars, and the Title IV-A state plan;
(3) Monitoring each Title IV-A head start plus agency that receives funds from the county department. The county department is responsible for assuring that all Title IV-A funds are used solely for purposes allowable under federal regulations, section 5101.801 of the Revised Code, and the Title IV-A state plan and shall take prompt action to recover funds that are not expended accordingly.
(C) Each county department shall enter into contracts with Title IV-A head start plus agencies to provide Title IV-A services to eligible individuals who meet eligibility requirements established in rules adopted by the department of job and family services.
The county department shall enter into contracts with only those agencies that have been approved by the department of education as a Title IV-A head start plus agency and that have been licensed in accordance with section 3301.37 of the Revised Code. Each contract entered into by a county department under this division shall specify all of the following:
(1) Requirements for financial management and accountability for the funds, including the prompt repayment of funds that were not spent in accordance with these requirements;
(2) Requirements applicable to the allowable use of and accountability for Title IV-A funds;
(3) Requirements for access, inspection, and examination of the agency's financial and program records by the county department, the state department of job and family services, the department of education, the auditor of state, and any other state or federal agency with authority to inspect and examine such records;
(4) Audit requirements applicable to funds received under the contract;
(5) Requirements for the prompt repayment to the county department of any funds that are the subject of any federal or state adverse audit findings;
(6) Procedures for adjustments and reconciliation of overpayments, underpayments, advanced funds, or other accounting procedures required by the county department, state department of job and family services, or department of education;
(8) Billing dates, payment dates, and other reimbursement procedures established by the county department;
(9) Reporting requirements by and for the county department, the state department of job and family services, and the department of education;
(10) Provisions for the county department to withhold reimbursement, or to suspend, modify, or terminate the contract if the department of education suspends or removes the agency from the list of approved Title IV-A head start plus agencies or if the state department of job and family services denies or revokes a license for the agency.
Sec. 3301.36. At the request of a Title IV-A head start agency or Title IV-A head start plus agency, each county department of job and family services shall provide verification of eligibility for Title IV-A services for individuals seeking Title IV-A services from the agency.
Sec. 3301.37. (A) Each entity operating a head start program shall be licensed by the department of job and family services in accordance with Chapter 5104. of the Revised Code.
(B) Notwithstanding division (A) of this section, any current license issued under section 3301.58 of the Revised Code by the department of education to an entity operating a head start program prior to the effective date of this section is hereby deemed to be a license issued by the department of job and family services under Chapter 5104. of the Revised Code. The expiration date of the license shall be the earlier of the expiration date specified in the license as issued under section 3301.58 of the Revised Code or July 1, 2005. In order to continue operation of its head start program after that expiration date, the entity shall obtain a license as prescribed in division (A) of this section.
Sec. 3301.33 3301.40. (A) As used in this section, "adult education" has the meaning
as established under the "adult education act," 102 Stat. 302 (1988), 20
U.S.C. 1201a(2), as amended.
(B) Beginning July 1, 1996, the department of education may distribute state
funds to organizations that quality for federal funds under the "Adult
Education Act," 102 Stat. 302 (1988), 20 1201 to 1213d, as amended.
The funds shall be used by qualifying organizations to provide adult education
services. State funds distributed pursuant to this section shall be
distributed in accordance
with the rules adopted by the state board of education pursuant to this
section.
Each organization that receives funds under this section
shall file program performance reports with the department. The reports shall
be filed at times required by state board of education rule and contain
assessments of individual students as they enter, progress through, and exit
the adult education program; records regarding individual student program
participation time; reports of individual student retention rates; and any
other information required by rule.
(C) The state board of education shall adopt rules for the distribution of
funds under this section. The rules shall include the following:
(1) Requirements for program performance reports.
(2) Indicators of adult education program quality, including indicators of
learner achievement, program environment, program planning, curriculum and
instruction, staff development, support services, and recruitment and
retention.
(3) A formula for the distribution of funds under this section. The formula
shall include as a factor an organization's quantifiable success in meeting
the indicators of program quality established pursuant to division (C)(2) of
this section.
(4) Standards and procedures for reducing or discontinuing funding to
organizations that fail to meet the requirements of this section.
(5) Any other requirements or standards considered appropriate by the
board.
Sec. 3301.52. As used in sections 3301.52 to 3301.59 of
the Revised Code:
(A) "Preschool program" means either of the following:
(1) A child day-care program for preschool children that
is operated by a school district board of education, or an
eligible nonpublic school, a head start grantee, or a head start
delegate agency.
(2) A child day-care program for preschool children age
three or older that is operated by a county MR/DD board.
(B) "Preschool child" or "child" means a child who has not
entered kindergarten and is not of compulsory school age.
(C) "Parent, guardian, or custodian" means the person or
government agency that is or will be responsible for a child's
school attendance under section 3321.01 of the Revised Code.
(D) "Superintendent" means the superintendent of a school
district or the chief administrative officer of an eligible
nonpublic school.
(E) "Director" means the director, head teacher,
elementary principal, or site administrator who is the
individual on site and responsible for supervision of a
preschool program.
(F) "Preschool staff member" means a preschool employee
whose primary responsibility is care, teaching, or supervision of
preschool children.
(G) "Nonteaching employee" means a preschool program or
school child program employee whose primary responsibilities are
duties other than care, teaching, and supervision of preschool
children or school children.
(H) "Eligible nonpublic school" means a nonpublic school
chartered as described in division (B)(8) of section 5104.02 of
the Revised Code or chartered by the state board of education for
any combination of grades one through twelve, regardless of
whether it also offers kindergarten.
(I) "County MR/DD board" means a county board of mental
retardation and developmental disabilities.
(J) "School child program" means a child day-care program
for only school children that is operated by a school district
board of education, county MR/DD board, or eligible nonpublic
school.
(K) "School child" and "child day-care" have the same
meanings as in section 5104.01 of the Revised Code.
(L) "School child program staff member" means an employee
whose primary responsibility is the care, teaching, or
supervision of children in a school child program.
(M) "Head start" means a program operated in accordance with
subchapter II of the "Community Economic
Development Act," 95 Stat. 489 (1981), 42 U.S.C.
9831, and amendments thereto.
Sec. 3301.53. (A) Not later than July 1, 1988, the state
board of education, in consultation with the director of job and
family
services, shall formulate and prescribe by rule adopted
under
Chapter 119. of the Revised Code minimum standards to be
applied
to preschool programs operated by school district boards
of
education, county MR/DD boards, or eligible nonpublic
schools,
head start grantees, and head start delegate agencies.
The rules
shall include the following:
(1) Standards ensuring that the preschool program is
located
in a safe and convenient facility that accommodates the
enrollment
of the program, is of the quality to support the
growth and
development of the children according to the program
objectives,
and meets the requirements of section 3301.55 of the
Revised Code;
(2) Standards ensuring that supervision, discipline, and
programs will be administered according to established objectives
and procedures;
(3) Standards ensuring that preschool staff members and
nonteaching employees are recruited, employed, assigned,
evaluated, and provided inservice education without
discrimination
on the basis of age, color, national origin, race,
or sex; and
that preschool staff members and nonteaching
employees are
assigned responsibilities in accordance with
written position
descriptions commensurate with their training
and experience;
(4) A requirement that boards of education intending to
establish a preschool program on or after March 17, 1989,
demonstrate a need for a preschool program that is not being met
by any existing program providing child day-care, prior to
establishing the program;
(5) Requirements that children participating in preschool
programs have been immunized to the extent considered appropriate
by the state board to prevent the spread of communicable disease;
(6) Requirements that the parents of preschool children
complete the emergency medical authorization form specified in
section 3313.712 of the Revised Code.
(B) The state board of education in consultation with the
director of job and family services shall ensure that the rules
adopted
by
the state board under sections 3301.52 to 3301.58 of
the Revised
Code are consistent with and meet or exceed the
requirements of
Chapter 5104. of the Revised Code with regard to
child day-care
centers. The state board and the director of job
and family services
shall review all such rules at least once
every five years.
(C) On or before January 1, 1992, the state board of
education, in consultation with the director of
job and family
services,
shall adopt rules for school child programs that are
consistent
with and meet or exceed the requirements of the rules
adopted for
school child day-care centers under Chapter 5104. of
the Revised
Code.
Sec. 3301.54. (A)(1) Each preschool program shall be
directed and supervised by a director, a head teacher, an
elementary principal, or a site administrator who is on site and
responsible for supervision of the program. Except as otherwise provided
in division (A)(2), (3), or (4) of this section, this person
shall hold a valid educator license designated as
appropriate for teaching or
being an administrator in a preschool setting issued pursuant to section
3319.22 of the Revised Code and have completed at
least four courses in child development or early childhood
education from an accredited college, university, or technical
college.
(2) If the person was employed prior to July 1, 1988, by a
school district board of education or an eligible nonpublic
school to direct a preschool program, the person shall be
considered to meet the requirements of this section if the person holds a
valid kindergarten-primary certificate described under former division (A) of
section 3319.22 of the Revised Code as it existed on January 1, 1996.
(3) If the person is employed
to direct a preschool program operated by an eligible,
nontax-supported, nonpublic school, the person shall be
considered to meet the requirements of this section if the person holds a
valid teaching certificate issued in accordance with section 3301.071 of the
Revised Code.
(4) If the person is a site administrator for a head
start grantee or head start delegate agency, the person shall be considered to
meet the requirements of this section if the person provides evidence that the
person has attained at least a high school diploma or certification of high
school equivalency issued by the state board of education or a comparable
agency of another state, and that the person meets at least one of the
following requirements:
(a) Two years of experience working as a child-care staff member in a child
day-care center or preschool program and at least four courses in child
development or early childhood education from an accredited college,
university, or technical college, except that a person who has two years of
experience working as a child-care staff member in a particular day-care
center or preschool program and who has been promoted to or designated
director shall have one year from the time the person was promoted or
designated to complete the required four courses;
(b) Two years of training in an accredited college, university,
or technical college that includes at least four courses in child development
or early childhood education;
(c) A child development associate credential issued by the
national child development associate credentialing commission;
(d) An associate or higher degree in child development or early
childhood education from an accredited college, university, or technical
college.
(B) Each preschool staff member shall be at least eighteen
years of age and have a high school diploma or a certification of
high school equivalency issued by the state board of education or
a comparable agency of another state, except that a staff member
may be less than eighteen years of age if the staff member is
a graduate of a
two-year vocational child-care training program approved by the
state board of education, or is a student enrolled in the second
year of such a program that leads to high school graduation,
provided that the student performs duties in the preschool
program under the continuous supervision of an experienced
preschool staff member and receives periodic supervision from the
vocational child-care training program teacher-coordinator in
the student's high school.
A preschool staff member shall annually complete fifteen
hours of inservice training in child development or early
childhood education, child abuse recognition and prevention, and
first aid, and in the prevention, recognition, and management of
communicable diseases, until a total of forty-five hours has been
completed, unless the staff member holds an associate or
higher degree in child
development or early childhood education from an accredited
college, university, or technical college, or any type of educator license
designated as
appropriate for teaching in an associate teaching position in a preschool
setting issued by the state board of education pursuant to section
3319.22 of the Revised Code.
Sec. 3301.55. (A) A school district, county MR/DD board, or
eligible nonpublic school, head start grantee, or head
start delegate agency operating a preschool program shall
house the program in buildings that meet the following
requirements:
(1) The building is operated by the district, county MR/DD
board, or eligible nonpublic school, head start grantee, or
head start delegate agency and has been approved by the division
of industrial compliance in the
department of commerce or a certified municipal,
township, or county building department for the purpose of
operating a program for preschool children. Any such structure
shall be constructed, equipped, repaired, altered, and maintained
in accordance with applicable provisions of Chapters 3781. and
3791. and with rules adopted by the board of building standards
under Chapter 3781. of the Revised Code for the safety and
sanitation of structures erected for this purpose.
(2) The building is in compliance with fire and safety
laws and regulations as evidenced by reports of annual school
fire and safety inspections as conducted by appropriate local
authorities.
(3) The school is in compliance with rules established by
the state board of education regarding school food services.
(4) The facility includes not less than thirty-five square
feet of indoor space for each child in the program. Safe play
space, including both indoor and outdoor play space, totaling not
less than sixty square feet for each child using the space at any
one time, shall be regularly available and scheduled for use.
(5) First aid facilities and space for temporary placement
or isolation of injured or ill children are provided.
(B) Each school district, county MR/DD board, or eligible
nonpublic school, head start grantee, or head start delegate
agency that operates, or proposes to operate, a
preschool program shall submit a building plan including all
information specified by the state board of education to the
board not later than the first day of September of the school
year in which the program is to be initiated. The board shall
determine whether the buildings meet the requirements of this
section and section 3301.53 of the Revised Code, and notify the
superintendent of its determination. If the board determines, on
the basis of the building plan or any other information, that the
buildings do not meet those requirements, it shall cause the
buildings to be inspected by the department of education. The
department shall make a report to the superintendent specifying
any aspects of the building that are not in compliance with the
requirements of this section and section 3301.53 of the Revised
Code and the time period that will be allowed the district,
county MR/DD board, or school, grantee, or
agency to meet the requirements.
Sec. 3301.57. (A) For the purpose of improving programs,
facilities, and implementation of the standards promulgated by
the
state board of education under section 3301.53 of the Revised
Code, the state department of education shall provide
consultation
and technical assistance to school districts, county
MR/DD boards, and
eligible nonpublic schools, head
start grantees, and head start
delegate agencies operating
preschool
programs or school child
programs, and inservice training to
preschool staff members,
school child program staff members, and
nonteaching employees.
(B) The department and the school district board of
education, county MR/DD board, or eligible nonpublic
school, head
start grantee, or head start delegate agency shall
jointly monitor
each preschool program and each school child
program.
If the program receives any grant or other funding from the
state or federal government, the department annually shall
monitor
all reports on attendance, financial support, and
expenditures
according to provisions for use of the funds.
(C) The department of job and family services and the
department of
education shall enter into a contract pursuant to
which the
department of education inspects preschool programs and
school
child programs in accordance with sections 3301.52 to
3301.59 of
the Revised Code, the rules adopted under those
sections, and any
applicable procedures in Chapter 5104. of the
Revised Code and
investigates any complaints filed pursuant to
those sections or
rules. The contract shall require the
department of job and family
services to pay the department of
education for conducting the
inspections and investigations an
amount equal to the amount that
the department of job and family
services would expend conducting the
same
number of inspections
and investigations with its employees under
Chapter 5104. of the
Revised Code.
(D) The department of education, at least twice during
every
twelve-month period of operation of a preschool program or
a
licensed school child program, shall inspect the program and
provide a written inspection report to the superintendent of the
school district, county MR/DD board, eligible nonpublic
school,
head start grantee, or head start delegate agency. At
least one
inspection shall be unannounced, and all
inspections may be
unannounced. No person shall interfere with
any inspection
conducted pursuant to this division or to the
rules adopted
pursuant to sections 3301.52 to 3301.59 of the
Revised Code.
Upon receipt of any complaint that a preschool program or a
licensed school child program is out of compliance with the
requirements in sections 3301.52 to 3301.59 of the Revised Code
or
the rules adopted under those sections, the department shall
investigate and may inspect the program.
(E)(D) If a preschool program or a licensed school child
program is determined to be out of compliance with the
requirements of sections 3301.52 to 3301.59 of the Revised Code
or
the rules adopted under those sections, the department of
education shall notify the appropriate superintendent, county
MR/DD board, eligible nonpublic school, head
start grantee, or
head start delegate agency in writing regarding the
nature of the
violation, what must be done to correct the
violation, and by what
date the correction must be made. If the
correction is not made
by the date established by the department,
it may commence action
under Chapter 119. of the Revised Code to
close the program or to
revoke the license of the program. If a
program does not comply
with an order to cease operation issued
in accordance with Chapter
119. of the Revised Code, the
department shall notify the attorney
general, the prosecuting
attorney of the county in which the
program is located, or the
city attorney, village solicitor, or
other chief legal officer of
the municipal corporation in which
the program is located that
the program is operating in violation
of sections 3301.52 to
3301.59 of the Revised Code or the rules
adopted under those
sections and in violation of an order to cease
operation issued
in accordance with Chapter 119. of the Revised
Code. Upon
receipt of the notification, the attorney general,
prosecuting
attorney, city attorney, village solicitor, or other
chief legal
officer shall file a complaint in the court of common
pleas of the
county in
which the program is located requesting the
court to issue an
order enjoining the program from operating. The
court shall
grant the requested injunctive relief upon a showing
that the
program named in the complaint is operating in violation
of
sections 3301.52 to 3301.59 of the Revised Code or the rules
adopted under those sections and in violation of an order to
cease
operation issued in accordance with Chapter 119. of the
Revised
Code.
(F)(E) The department of education shall prepare an
annual
report on inspections conducted under this section. The report
shall
include the number of inspections conducted, the number and
types of
violations
found, and the steps taken to address the
violations. The department shall
file the report with the
governor, the president and minority leader of the
senate, and the
speaker and minority leader of the house of representatives on
or
before the first day of January of each
year, beginning in 1999.
Sec. 3301.58. (A) The department of education is
responsible for the licensing of preschool programs and school
child programs and for the enforcement of sections 3301.52 to
3301.59 of the Revised Code and of any rules adopted under those
sections. No school district board of education, county MR/DD
board, or eligible nonpublic school, head start grantee, or
head start delegate agency shall operate, establish,
manage, conduct, or maintain a preschool program without a
license issued under this section. A school district board of
education, county MR/DD board, or eligible nonpublic school may
obtain a license under this section for a school child program.
The school district board of education, county MR/DD board, or
eligible nonpublic school, head start grantee, or head start
delegate agency shall
post the current license for each
preschool program and licensed school child program it operates,
establishes, manages, conducts, or maintains in a conspicuous
place in the preschool program or licensed school child program
that is accessible to parents, custodians, or guardians and
employees and staff members of the program at all times when the
program is in operation.
(B) Any school district board of education, county MR/DD
board, or eligible nonpublic school, head start grantee, or
head start delegate agency that desires to operate,
establish, manage, conduct, or maintain a preschool program shall apply to the
department of education for a license on a form that the
department shall prescribe by rule. Any school district board of
education, county
MR/DD board, or eligible nonpublic school that
desires to obtain a license for a school child program shall apply to the
department for a license on a form that the department shall prescribe by
rule. The department shall provide
at no charge to each applicant for a license under this section a
copy of the requirements under sections 3301.52 to 3301.59 of the
Revised Code and any rules adopted under those sections. The
department shall mail application forms for the renewal of a
license at least one hundred twenty days prior to the date of the
expiration of the license, and the application for renewal of a
license shall be filed with the department at least sixty days
before the date of the expiration of the existing license. The
department may establish application fees by rule adopted under
Chapter 119. of the Revised Code, and all applicants for a
license shall pay any fee established by the department at the
time of making an application for a license. All fees collected
pursuant to this section shall be paid into the state treasury to
the credit of the general revenue fund.
(C) Upon the filing of an application for a license, the
department of education shall investigate and inspect the
preschool program or school child program to determine the
license capacity for each age category of children of the program
and to determine whether the program complies with sections
3301.52 to 3301.59 of the Revised Code and any rules adopted
under those sections. When, after investigation and inspection,
the department of education is satisfied that sections 3301.52 to
3301.59 of the Revised Code and any rules adopted under those
sections are complied with by the applicant, the department of
education shall issue the program a provisional license as soon
as practicable in the form and manner prescribed by the rules of
the department. The provisional license shall be valid for six
months from the date of issuance unless revoked.
(D) The department of education shall investigate and
inspect a preschool program or school child program that has been
issued a provisional license at least once during operation under
the provisional license. If, after the investigation and
inspection, the department of education determines that the
requirements of sections 3301.52 to 3301.59 of the Revised Code
and any rules adopted under those sections are met by the
provisional licensee, the department of education shall issue a
license that is effective for two years from the date of the
issuance of the provisional license.
(E) Upon the filing of an application for the renewal of a
license by a preschool program or school child program, the
department of education shall investigate and inspect the
preschool program or school child program. If the department of
education determines that the requirements of sections 3301.52 to
3301.59 of the Revised Code and any rules adopted under those
sections are met by the applicant, the department of education
shall renew the license for two years from the date of the
expiration date of the previous license.
(F) The license or provisional license shall state the
name of the school district board of education, county MR/DD
board, or eligible nonpublic school, head start grantee, or
head start delegate agency that operates the preschool
program or school child program and the license capacity of the
program. The license shall include any other information
required by section 5104.03 of the Revised Code for the license
of a child day-care center.
(G) The department of education may revoke the license of
any preschool program or school child program that is not in
compliance with the requirements of sections 3301.52 to 3301.59
of the Revised Code and any rules adopted under those sections.
(H) If the department of education revokes a license or
refuses to renew a license to a program, the department shall not
issue a license to the program within two years from the date of
the revocation or refusal. All actions of the department with
respect to licensing preschool programs and school child programs
shall be in accordance with Chapter 119. of the Revised Code.
Sec. 3301.80. (A) There is hereby created the Ohio
SchoolNet commission
as an independent agency office within the department of education. The commission office
shall administer
programs to provide financial and other
assistance to school districts
and other educational institutions
for the acquisition and utilization
of educational technology.
The commission is a body corporate and politic, an agency of
the
state performing essential governmental functions of the
state.
(B)(1) The commission shall consist
of eleven members, seven
of
whom are voting members. Of the
voting members, one shall be
appointed by the speaker of
the house of representatives and one
shall be appointed by the president of
the senate. The members
appointed by the speaker of the house and the
president of the
senate shall not be members of the general assembly. The
state
superintendent of public instruction or a designee of the
superintendent, the director of budget and management
or a
designee of the director, the
director of administrative services
or a designee of the
director, the chairperson of the public
utilities commission or a designee of
the chairperson, and the
director of the Ohio educational telecommunications
network
commission or a designee of the director shall serve on the
commission
as ex officio voting members. Of the nonvoting
members, two shall be members
of the house of representatives
appointed by the speaker of the house and two
shall be members of
the senate appointed by the
president of the senate. The members
appointed from each house shall not be
members of the same
political party.
The
commission shall appoint officers from among
its members.
(2) The members shall serve without compensation. The
voting
members appointed by the speaker of the house of
representatives and the
president of the senate shall be
reimbursed, pursuant to
office of budget and management
guidelines, for necessary expenses
incurred in the performance of
official duties.
(3) The terms of office for the members appointed by the
speaker of
the house and
the president of the senate shall be for
two
years, with each term ending on the same day of the same
month
as did the term that it succeeds, except that the voting members
so appointed may be removed at
anytime by their respective
appointing authority. The members appointed by the
speaker of the
house and the president of the senate may be
reappointed.
Any
member appointed from the house of
representatives or senate who
ceases to
be a member of the
legislative house from which the
member was appointed shall
cease
to be a member of the commission.
Vacancies
among appointed
members
shall be filled in the manner
provided for original
appointments. Any member
appointed to fill
a vacancy occurring
prior to the expiration date of the term
for
which a predecessor
was appointed shall hold office as a member
for the
remainder of
that term. The members appointed by the
speaker of the house and
the president of the senate
shall
continue in office subsequent to
the expiration date of that
member's
term until a successor takes
office or until a period of
sixty days has
elapsed, whichever
occurs first.
(C)(1) The commission office shall be under the
supervision of an
executive director who
shall be appointed by the commission.
The
executive director shall
serve at the pleasure of the commission
and superintendent of public instruction, who shall
direct commission office employees in the
administration of all
programs for the provision of financial and other
assistance to
school districts and other educational institutions for the
acquisition and utilization of educational technology.
(2) The employees of the Ohio SchoolNet commission office shall be
placed in the unclassified service. The commission shall fix the
compensation
of the executive director. The executive director superintendent
shall employ and fix the
compensation for such employees as
necessary
to facilitate the activities and purposes of the
commission. The
employees shall serve at the pleasure of the
executive director superintendent.
(3) The employees of the Ohio SchoolNet
commission office shall be
exempt
from Chapter 4117. of the Revised Code and shall
not be
public employees as defined in section 4117.01 of the Revised
Code.
(D)(C) The Ohio SchoolNet commission office shall do all of the
following:
(1) Make grants to institutions and other organizations as
prescribed by the
general assembly for the provision of technical
assistance, professional
development, and other support services
to enable school districts,
community schools established under
Chapter 3314. of the Revised Code,
and other
educational
institutions to utilize educational technology;
(2) Contract with the department of education, state
institutions of
higher education, private nonprofit institutions
of higher education holding
certificates of authorization under
section 1713.02 of the Revised Code, and
such other public or
private entities as the
executive director superintendent
deems necessary for the
administration and implementation
of the
programs under administered by the
commission's jurisdiction office;
(3) Establish a reporting system to which school districts,
community schools established under Chapter 3314. of the Revised
Code,
and other
educational institutions receiving financial
assistance pursuant to this
section for the acquisition of
educational technology report information as to
the manner in
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being
utilized, the
results or outcome of this utilization, and other
information as may be
required by the commission office;
(4) Establish necessary guidelines governing purchasing and
procurement by
participants in programs administered by the
commission office
that facilitate the timely
and effective implementation
of such programs;
(5) Take into consideration the efficiency and cost
savings
of
statewide procurement prior to allocating and releasing funds
for any programs
under its administration.
(E)(1) The executive director shall
implement policies and
directives issued by the Ohio SchoolNet commission.
(2)(D) The Ohio SchoolNet commission office may establish a
systems
support network to facilitate the timely implementation of the
programs, projects, or activities for which it provides
assistance.
(3)(E) Chapters 123., 124., 125., and 153., and sections 9.331,
9.332,
and 9.333 of the Revised Code do not apply to contracts,
programs, projects,
or activities of the Ohio SchoolNet
commission office.
Sec. 3301.801. (A) The Ohio SchoolNet
commission department of education shall create
and maintain a clearinghouse
for classroom teachers, including any
classroom teachers employed by
community schools established under
Chapter 3314. of the Revised Code, to
easily obtain lesson plans
and
materials and other practical resources for use in classroom
teaching. The commission department shall develop a method of obtaining
submissions, from classroom teachers and others, of such plans,
materials, and other resources that have been used in the
classroom and that can be readily used and implemented by
classroom teachers in their regular teaching activities. The
commission department also shall develop methods of informing classroom
teachers of both the availability of such plans, materials, and
other resources, and of the opportunity to submit such plans,
materials, and other resources and other classroom teaching
ideas
to the clearinghouse.
The department of education shall regularly identify
research-based practices concerned with scheduling and allotting
instructional time and submit include such practices to the commission for
inclusion in the clearinghouse.
The commission department shall periodically report to the speaker
and
minority leader of
the house of representatives, the president and
minority leader of the
senate, and the chairpersons and ranking
minority members of the education
committees of the senate and the
house of representatives regarding the
clearinghouse and make
recommendations for changes in state law or
administrative rules
that may facilitate the usefulness of the clearinghouse.
(B) Not later than one year after
the effective
date of this
amendment
September 11, 2001, the department of education shall identify
research
studies on academic intervention and prevention practices that
have been
successful in improving the academic performance of
students from
different ethnic and socioeconomic groups, develop
an annotated
bibliography of such studies, and provide that
bibliography to the
Ohio SchoolNet commission. The commission
shall promptly make the
bibliography available to school districts
as a part of the
clearinghouse established under this section.
Sec. 3313.979. Each scholarship or grant to be used for
payments to a registered private school or to an approved
tutorial assistance provider is payable to the parents of the
student entitled to the scholarship or grant. Each scholarship to be used
for payments to a public school in an adjacent school
district is payable to the school district of attendance by the
superintendent of public instruction. Each grant to be used for payments to an approved tutorial assistance provider is payable to the approved tutorial assistance provider.
(A)(1) By the fifteenth day of each month of
the school year that any scholarship students are enrolled in a
registered private school, the chief administrator of that school
shall notify the state superintendent of:
(a) The number of students who were reported to
the school district as having been admitted by that
private school pursuant to division
(A)(2)(b)
of section 3313.978 of the Revised Code and
who were still enrolled in the private school as of the first day
of such month, and the numbers of such students who qualify for seventy-five
and ninety per cent of the scholarship amount;
(b) The number of students who were reported to
the school district as having been admitted by
another private school pursuant to division
(A)(2)(b) of section 3313.978 of the
Revised Code and since the date of admission
have
transferred to the school providing the notification under
division (A)(1) of this section, and the numbers of such students who
qualify for seventy-five and ninety per cent of the scholarship amount.
(2) From time to time, the state superintendent shall make a
payment to the parent of each student entitled to a
scholarship. Each payment shall include for each student
reported under division (A)(1) of this section, a
portion of seventy-five or ninety per cent, as applicable, of the scholarship
amount specified in
divisions (C)(1) and (2) of section 3313.978 of the Revised
Code. This
amount shall be proportionately reduced in
the case of any such student who is not enrolled in a registered
private school for the entire school year.
(3) The first payment under this division shall be made
by the last day of November and shall equal one-third of
seventy-five or ninety per cent, as applicable, of
the estimated total amount that will be due to the parent for the
school year pursuant to division (A)(2) of this section.
(B) The state superintendent, on behalf of the parents of a
scholarship student enrolled in a
public school in an adjacent school district pursuant
to section 3327.06 of the Revised Code, shall
make the tuition payments required by that section to the school
district admitting the student, except that, notwithstanding
sections 3323.13, 3323.14, and 3327.06 of the Revised
Code, the total payments in any school year shall not
exceed seventy-five or ninety per cent, as applicable, of the scholarship
amount provided
in divisions (C)(1) and (2) of section 3313.978 of the
Revised Code.
(C) Whenever an approved provider provides
tutorial assistance to a student, the state superintendent shall pay the
parent approved provider for such
costs upon receipt of a statement
from the parent specifying the services provided and the costs of
the services, which statement shall be signed by the
provider and verified by the chief administrator having supervisory control over the tutoring site. The total payments to any parent approved provider under this division
for all provider services to any individual student in any school
year shall not exceed seventy-five or ninety per cent, as applicable, of the
grant amount provided in division
(C)(3) of section 3313.978 of the Revised
Code.
Sec. 3314.074. Divisions (A) and (B) of this section apply
only to the extent permitted under Chapter 1702. of the Revised
Code.
(A) If any community school established under this
chapter
permanently closes and ceases its operation as a community
school,
the assets of that school shall be distributed first to
the
retirement
funds of employees of the school, employees of the
school, and private creditors who are owed
compensation and
then
any remaining funds shall be paid to the
state treasury to
the
credit of the general revenue fund.
(B) If a community school closes and ceases to operate as a
community school and the school has received computer hardware or
software from the Ohio SchoolNet commission department of education, such hardware or
software shall be returned to the commission department, and the commission department
shall redistribute the hardware and software, to the extent such
redistribution is possible, to school districts in conformance
with the provisions of the programs operated and administered by
the commission department.
(C) If the assets of the school
are insufficient to pay all
persons or entities to whom
compensation is owed, the
prioritization of the distribution of
the assets to individual
persons or entities within each class of
payees may be determined
by decree of a court in accordance with
this section and Chapter
1702. of the Revised Code.
Sec. 3314.083. If the department of education pays a joint vocational school district under division (G)(4) of section 3317.16 of the Revised Code for excess costs of providing special education and related services to a handicapped student who is enrolled in a community school, as calculated under division (G)(2) of that section, the department shall deduct the amount of that payment from the amount calculated for payment to the community school under section 3314.08 of the Revised Code.
Sec. 3316.08. During a school district's fiscal emergency
period, the auditor of state shall determine annually, or at any other time
upon request of the
financial planning and supervision commission, whether the school
district will incur an operating deficit. If the
auditor of state determines that a school district will incur an
operating deficit, the auditor of state shall certify that
determination to the superintendent of public instruction, the
financial planning and supervision commission, and the board of
education of the school district. Upon receiving the auditor of
state's certification, the board of education or and the commission each shall adopt consider adopting a
resolution to submit a ballot question proposing the levy of a
tax under section 5705.194 or 5705.21 or
Chapter 5748. of the Revised Code. After the board of education and the commission consider adopting a resolution for the levy of such a tax, the board of education and commission each shall adopt a resolution that explains the decision to propose or not propose such a levy. Except as
otherwise provided in this division, the tax
shall be levied in the manner prescribed for a tax levied under
section 5705.194 or 5705.21 or under Chapter 5748. of the
Revised Code. The If the board of education or commission decides that a tax shall should be levied, the tax shall be levied
for the purpose of paying current operating expenses of the
school district. The question shall propose that the tax be
levied at the a rate required to produce annual revenue sufficient to eliminate
the operating deficit as certified by the auditor of state and to
repay outstanding loans or other obligations incurred by the
board of education for the purpose of reducing or eliminating
operating deficits generate an amount that would produce a positive fiscal year end cash balance not later than the fifth year of the district's current five-year forecast submitted under section 5705.391 of the Revised Code, as determined by the financial planning and supervision
commission in consultation with the district treasurer. The rate of a tax levied under section 5705.194 or
5705.21 of the Revised Code shall be determined by the
county auditor, and the rate of a tax levied under section
5748.02 or 5748.08 of the Revised Code shall be determined by
the
tax commissioner, upon the request of the commission. The
commission shall determine the election at which the question of
the tax shall appear on the ballot, and the board of education
or commission shall submit a copy of its resolution to the board of elections
not later than seventy-five days prior to the day of that election. The board
of elections conducting the
election shall certify the results of the election to the board
of education and to the financial planning and supervision
commission.
Sec. 3317.012. (A)(1) The general assembly,
having analyzed
school district expenditure and cost data for fiscal year
1999,
performed the calculation described in division
(B) of this
section,
adjusted the results for inflation,
and added the
amounts described in division (A)(2) of this section, hereby
determines that the
base cost of an adequate education per pupil
for the fiscal year beginning
July 1,
2001, is
$4,814.
For
the
five two following fiscal years,
the base cost per pupil for
each of
those years, reflecting an annual rate of inflation of two
and
eight-tenths
per cent, is
$4,949 for fiscal year
2003, and
$5,088
for fiscal year
2004,
$5,230
for
fiscal year
2005,
$5,376 for
fiscal year
2006,
and
$5,527 for fiscal year
2007.
(2) The base cost per pupil amounts specified in division
(A)(1) of this section include amounts to reflect the cost to
school districts of increasing the minimum number of high school
academic units required for graduation beginning September 15,
2001, under section 3313.603 of the Revised Code. Analysis of
fiscal year 1999 data revealed that the school districts meeting
the requirements of division (B) of this section on average
required high school students to complete a minimum of nineteen
and eight-tenths units to graduate. The general assembly
determines that the cost of funding the additional two-tenths unit
required by section 3313.603 of the Revised Code is $12
per pupil
in fiscal year 2002. This amount was added after the
calculation
described in division (B) of this section and the
adjustment for
inflation from fiscal year 1999 to fiscal year
2002. It is this
total amount, the calculated base cost plus the
supplement to pay
for the additional partial unit, that
constitutes the base cost
amount specified in division (A)(1) of
this section for fiscal
year 2002 and that is inflated to produce
the base cost amounts
for fiscal years 2003 through 2007 2004.
(B) In
determining the base cost stated in division (A) of
this section,
capital and debt costs,
costs paid for by federal
funds, and costs covered by funds
provided
for disadvantaged
pupil impact aid
and
transportation were excluded, as were the
effects on the
districts' state
funds of the application of the
cost-of-doing-business factors, assuming
a seven and
one-half per
cent
variance.
The base cost for fiscal year
1999 was calculated as the
unweighted average
cost per student, on a school district basis,
of educating students who were
not receiving vocational education
or services pursuant to
Chapter 3323. of the
Revised
Code and who
were enrolled in a
city, exempted village, or local school
district that in
fiscal year
1999 met all of the following
criteria:
(1) The district met at least
twenty of the
following
twenty-seven performance
indicators:
(a) A
ninety per cent or
higher
graduation rate;
(b) At least seventy-five per cent of fourth graders
proficient on the mathematics test prescribed under former
division
(A)(1)
of section 3301.0710 of the Revised Code;
(c) At least seventy-five per cent of fourth graders
proficient on the reading test prescribed under former division
(A)(1) of
section 3301.0710 of the Revised Code;
(d) At least seventy-five per cent of fourth graders
proficient on the writing test prescribed under former division
(A)(1) of
section 3301.0710 of the Revised Code;
(e) At least seventy-five per cent of fourth graders
proficient on the citizenship test prescribed under former
division
(A)(1)
of section 3301.0710 of the Revised Code;
(f)
At least seventy-five per cent of fourth graders
proficient on the science test prescribed under former division (A)(1) of
section 3301.0710 of the Revised Code;
(g) At least seventy-five per cent of sixth graders
proficient on the mathematics test prescribed under former division
(A)(2) of section 3301.0710 of the Revised Code;
(h) At least seventy-five per cent of sixth graders
proficient on the reading test prescribed under former division (A)(2) of
section 3301.0710 of the Revised Code;
(i) At least seventy-five per cent of sixth graders
proficient on the writing test prescribed under former division (A)(2) of
section 3301.0710 of the Revised Code;
(j) At least seventy-five per cent of sixth graders
proficient on the citizenship test prescribed under former division
(A)(2) of section 3301.0710 of the Revised Code;
(k) At least seventy-five per cent of sixth graders
proficient on the science test prescribed under former division (A)(2) of
section 3301.0710 of the Revised Code;
(l) At least seventy-five per cent of ninth graders
proficient on the mathematics test prescribed under
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(m) At least seventy-five per cent of ninth graders
proficient on the reading test prescribed under
Section 4 of Am.
Sub.
S.B. 55 of the 122nd general assembly;
(n) At least seventy-five per cent of ninth graders
proficient on the writing test prescribed under
Section 4 of Am.
Sub.
S.B. 55 of the 122nd general assembly;
(o) At least seventy-five per cent of ninth graders
proficient on the citizenship test prescribed
under
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(p) At least seventy-five per cent of ninth graders
proficient on the science test prescribed under Section 4 of Am.
Sub. S.B. 55 of the 122nd general assembly;
(q) At least eighty-five per cent of tenth graders proficient
on the mathematics test prescribed under
Section 4 of Am. Sub.
S.B.
55 of the 122nd general assembly;
(r) At least eighty-five per cent of tenth graders
proficient
on the reading test prescribed under
Section 4 of Am.
Sub.
S.B. 55 of the 122nd general assembly;
(s) At least eighty-five per cent of tenth graders
proficient
on the writing test prescribed under
Section 4 of Am.
Sub.
S.B. 55 of the 122nd general assembly;
(t) At least eighty-five per cent of tenth graders
proficient
on the citizenship test prescribed under
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(u) At least eighty-five per cent of tenth graders
proficient on the science test prescribed under Section 4 of Am.
Sub. S.B. 55 of the 122nd general assembly;
(v) At least sixty per cent of twelfth graders proficient
on
the mathematics test prescribed under former division (A)(3) of
section
3301.0710 of the Revised Code;
(w) At least sixty per cent of twelfth graders proficient
on
the reading test prescribed under former division (A)(3) of
section
3301.0710 of the Revised Code;
(x) At least sixty per cent of twelfth graders proficient
on
the writing test prescribed under former division (A)(3) of
section
3301.0710 of the Revised Code;
(y) At least sixty per cent of twelfth graders proficient
on
the citizenship test prescribed under former division (A)(3) of
section
3301.0710 of the Revised Code;
(z) At least sixty per cent of twelfth graders proficient
on
the science test prescribed under former division (A)(3) of section
3301.0710 of the Revised Code;
(aa) An attendance rate for the
year of at least
ninety-three per cent as defined in
section 3302.01 of the
Revised
Code.
In determining whether a school district met any of the
performance standards specified in divisions (B)(1)(a) to (aa) of
this section, the general assembly used a rounding procedure
previously recommended by the department of education. It is the
same rounding procedure the general assembly used in 1998 to
determine whether a district had met the standards of former
divisions (B)(1)(a) to (r) of this section for purposes of
constructing the previous model based on fiscal year 1996 data.
(2) The district was not among the
five per cent of all
districts with the highest income, nor among the
five per
cent of
all
districts with the lowest income.
(3) The district was not among the five per cent of all
districts with the highest valuation per pupil, nor among the
five
per cent of all
districts with the lowest valuation per
pupil.
This model for calculating the base cost of an adequate
education is expenditure-based. The general assembly recognizes
that increases in state funding to school districts since fiscal
year 1996, the fiscal year upon which the general assembly based
its model for calculating state funding to school districts for
fiscal years 1999 through 2001, has increased school district base
cost expenditures for fiscal year 1999, the fiscal year upon which
the general assembly based its model for calculating state funding
for fiscal years 2002 through 2007 2004. In the case of school
districts included in the fiscal year 1999 model that also had met
the
fiscal year 1996 performance criteria of former division
(B)(1) of
this section, the increased state funding may
have
driven the
districts' expenditures beyond the expenditures
that
were actually
needed to maintain their educational programs
at the
level
necessary to maintain their ability to meet the fiscal year
1999 performance criteria of current division (B)(1) of this
section. The
general assembly has determined to control for
this
effect by
stipulating in the later model that the fiscal year
1999
base cost
expenditures of the districts that also met the
performance criteria of former division (B)(1) of this section
equals
their base cost expenditures per pupil for
fiscal year
1996,
inflated to fiscal year 1999 using an annual
rate of
inflation of
two and eight-tenths per cent. However, if this
inflated amount exceeded the district's actual fiscal year 1999
base cost expenditures per pupil, the district's actual fiscal
year 1999 base cost expenditures per pupil were used in the
calculation. For districts
in the 1999 model
that did not also
meet the performance criteria of former division (B)(1) of this
section,
the actual 1999
base cost per pupil expenditures were
used in the
calculation of
the average district per pupil costs of
the model
districts.
(C) In July of
2005, and in July of every six
years
thereafter, the speaker of the house of representatives and the
president of the senate shall each appoint three members to a
committee to reexamine the cost of an adequate education. No
more
than two members from any political party shall represent
each
house. The director of budget and management and the
superintendent of public instruction shall serve as nonvoting ex
officio members of the committee.
The committee shall select a rational methodology for
calculating the costs of an adequate education system for the
ensuing six-year period, and shall report the methodology and
the
resulting costs to the general assembly. In
performing its
function, the committee is not bound by any
method used by
previous general assemblies to examine and
calculate costs and
instead may utilize any rational method it
deems suitable and
reasonable given the educational needs and
requirements of the
state at that time.
The methodology for determining the cost of an adequate
education system shall take into account the basic
educational
costs that all districts incur in educating regular
students, the
unique needs of special categories of students,
and significant
special conditions encountered by certain
classifications of
school districts.
The committee also shall redetermine, for purposes of
updating the parity aid calculation under section 3317.0217 of the
Revised Code, the average number of effective operating mills that
school districts in the seventieth to ninetieth percentiles of
valuations per pupil collect above the revenues required to
finance their attributed local shares of the calculated cost of
an
adequate education.
Any committee appointed pursuant to this section shall
make
its report to the office of budget and management and the
general
assembly within
one year of its appointment
so that the
information is available for use by the office and the general
assembly in preparing the next biennial appropriations
act.
(D)(1) For purposes of this division, an "update year" is
the first fiscal year for which the per pupil base cost of an
adequate education is in effect after being recalculated by the
general assembly. The first update year is fiscal year 2002. The
second update year is fiscal year 2008.
(2) The general assembly shall recalculate the per pupil
base cost of an adequate education every six years after
considering the recommendations of the committee appointed under
division (C) of this section. At the time of the recalculation,
for each of the five fiscal years following the update year, the
general assembly shall adjust the base cost recalculated for the
update year using an annual rate of inflation that the general
assembly determines appropriate.
(3) The general assembly shall include, in the act
appropriating state funds for education programs for a fiscal
biennium that begins with an update year, a statement of its
determination of the total state share percentage of base cost and
parity aid funding for the update year.
(4) During its biennial budget deliberations, the general
assembly shall determine the total state share percentage of base
cost and parity aid funding for each fiscal year of the upcoming
biennium. This determination shall be based on the latest
projections and data provided by the department of education under
division (D)(6) of this section prior to the enactment of
education appropriations for the upcoming biennium. If, based on
those latest projections and data, the general assembly determines
that the total state share percentage for either or both nonupdate
fiscal years varies more than two and one-half percentage points
more or less than the total state share percentage for the most
recent update year, as previously stated by the general assembly
under division (D)(3) of this section, the general assembly shall
determine and enact a method that it considers appropriate to
restrict the estimated variance for each year to within two and
one-half percentage points. The general assembly's methods may
include, but are not required to include and need not be limited
to, reexamining the rate of millage charged off as the local share
of base cost funding under divisions (A)(1) and (2) of section
3317.022 of the Revised Code. Regardless of any changes in
charge-off millage rates in years between update years, however,
the charge-off millage rate for update years shall be twenty-three
mills, unless the general assembly determines that a different
millage rate is more appropriate to share the total calculated
base cost between the state and school districts.
(5) The total state share percentage of base cost and parity
aid funding for any fiscal year is calculated as follows:
[(Total state base cost + total state parity aid funding) -
statewide charge-off amount] / (Total state base cost + total
state parity aid funding)(a) The total state base cost equals the sum of the base
costs for all school districts for the fiscal year.
(b) The base cost for each school district equals:
formula
amount X cost-of-doing-business factor Xthe greater of formula
ADM or
three-year average formula ADM(c) The total state parity aid funding equals the sum of the
amounts paid to all school districts for the fiscal year under
section 3317.0217 of the Revised Code.
(d) The statewide charge-off amount equals the sum of the
charge-off amounts for all school districts.
(e) The charge-off amount for each school district is the
amount calculated as its local share of base cost funding and
deducted from the total calculated base cost to determine the
amount of its state payment under divisions (A)(1) and (2) of
section 3317.022 of the Revised Code. The charge-off amount for
each school district in fiscal year 2002 is the product of
twenty-three mills multiplied by the district's recognized
valuation as adjusted, if applicable, under division (A)(2) of
section 3317.022 of the Revised Code. If however, in any fiscal
year, including fiscal year
2002, a school district's calculated
charge-off amount exceeds its
base cost calculated as described in
division (D)(5)(b) of this
section, the district's charge-off
amount shall be deemed to equal
its calculated base cost.
(6) Whenever requested by the chairperson of the standing
committee of the house
or representatives or the senate having
primary jurisdiction over appropriations, the legislative budget
officer, or the director of budget and management, the department
of education shall report its latest projections for total base
cost, total parity aid funding, and the statewide charge-off
amount, as those terms are defined in division (D)(5) of this
section, for each year of the upcoming fiscal biennium, and all
data it used to make the projections.
Sec. 3317.013. This section does not apply to
handicapped
preschool students.
Analysis of special education cost data has resulted in a
finding that the average special education additional
cost per
pupil, including
the costs of related services, can be expressed
as a multiple of the base cost
per pupil
calculated under section
3317.012 of the Revised Code. The
multiples for the following
categories of special education
programs, as these programs are
defined for purposes of Chapter
3323. of the Revised Code,
and
adjusted as provided in this section, are as
follows:
(A)
A multiple of 0.2892 for students whose primary or only
identified handicap is a speech and language handicap, as this
term is defined pursuant to Chapter 3323. of the Revised Code;
(B) A multiple of
0.3691 for students identified as
specific
learning disabled or
developmentally
handicapped, as
these terms are defined pursuant
to Chapter 3323.
of
the Revised
Code, or other health
handicapped-minor;
(C) A multiple of
1.7695 for students identified as
hearing
handicapped,
vision
impaired,
or severe behavior handicapped, as
these
terms
are defined pursuant to
Chapter 3323. of the Revised
Code;
(D) A multiple of 2.3646 for students identified as
orthopedically handicapped, as this
term is defined pursuant to
Chapter 3323. of the Revised Code or other health handicapped -
major;
(E) A multiple of 3.1129 for students identified as
multihandicapped, as
this term is defined pursuant to Chapter
3323. of the Revised
Code;
(F) A multiple of 4.7342 for students identified as
autistic,
having traumatic brain injuries, or as both visually
and hearing disabled, as these terms are
defined
pursuant to
Chapter 3323. of the Revised Code.
In fiscal year 2002 2004, the multiples specified in divisions (A)
to (F) of this section shall be adjusted by multiplying them by
0.825. In fiscal year 2003, the multiples specified in those
divisions shall be adjusted by multiplying them by 0.875 for purposes of calculating the state and local shares of special education and related services additional weighted funding, the department of education shall determine a percentage with which it shall adjust the multiples specified in divisions (A) to (F) of this section so that the adjusted multiples generate state funding equal to the amount appropriated for the state share of special education and related services additional weighted funding. The department shall certify the percentage to the office of budget and management not later than July 30, 2003. The department may adjust the percentage in effect during fiscal year 2004 if updated data indicate that that percentage will generate state share funding that is greater than or less than the amount appropriated for it. The department shall notify the office of budget and management each time it adjusts the percentage and provide the office with the data justifying the adjustment.
In fiscal year 2004, not less than one hundred per cent of the unadjusted average special education additional cost per pupil, represented by the unadjusted multiples of the base cost per pupil specified in divisions (A) to (F) of this section, shall be funded through a combination of the state and local shares of special education and related services additional weighted funding as calculated under this chapter and federal special education funds passed through to city, local, exempted village, and joint vocational school districts. Not later than May 30, 2004, the department shall submit to the office of budget and management a report that specifies for each city, local, exempted village, and joint vocational school district the fiscal year 2004 allocation of the state and local shares of special education and related services additional weighted funding and federal special education funds passed through to the district.
Sec. 3317.0213. No money shall be distributed under this
section after
fiscal year
2005 2004.
(A) As used in this section:
(1) "ADM" for any school district means:
(a) In fiscal year 1999, the
FY 1998 ADM;
(b) In fiscal years 2000 through
2005 2004, the
formula ADM
reported for the previous fiscal year.
(2) "Average taxable value" means the average of
the amounts
certified for a district in the second, third, and
fourth
preceding fiscal years under divisions (A)(1) and (2) of
section
3317.021 of the Revised Code.
(3) "Valuation per pupil" for a district means:
(a) In fiscal
year 1999, the district's average taxable
value,
divided by the
district's FY 1998
ADM;
(b) In a fiscal year
that occurs after fiscal year 1999, the
district's average
taxable value,
divided by the district's
formula ADM for the preceding fiscal year.
(4) "Threshold valuation" means:
(a) In fiscal year 1999, the
adjusted valuation per pupil of
the school
district with the two hundred twenty-ninth lowest
adjusted valuation per pupil
in the state, according to data
available at the time of the computation
under division (B) of
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil of
the
district with the one hundred ninety-sixth lowest
such
valuation in the state;
(c) In fiscal year 2001, the adjusted valuation per pupil of
the
district with the one hundred sixty-third lowest such
valuation in the state;
(d) In fiscal
years 2002
through 2005 2004, the adjusted
valuation per pupil of the
district with the
one-hundred-eighteenth lowest such valuation in the state.
(5) "Adjusted valuation per pupil" for a district means an
amount calculated in accordance with the following formula:
The district's valuation per pupil -
($30,000 X (one minus thedistrict's income factor))(6) "Millage rate" means .012 in fiscal year 1999, .011 in
fiscal
year 2000, .010 in fiscal year 2001, and .009 in fiscal
years 2002
through 2005 2004.
(7) "Payment percentage" equals 100% prior
to fiscal year
2003, 75% in fiscal year 2003, and
50% in fiscal year 2004, 25% in
fiscal year 2005, and zero after fiscal
year 2005.
(B) Beginning in fiscal year 1993, during August of each
fiscal year, the department of education shall distribute to each
school district meeting the requirements of section 3317.01 of
the
Revised Code whose adjusted valuation per pupil is less than
the
threshold valuation, an amount calculated in accordance with
the
following formula:
(The threshold valuation -
the district's
adjusted valuation per pupil)
Xmillage rate X ADM
X the payment percentage
Sec. 3317.0217. The department of education shall annually
compute and pay state parity aid to school districts, as follows:
(A) Calculate the local wealth per pupil of each school
district, which equals the following sum:
(1) Two-thirds times the quotient of (a) the district's
recognized valuation divided by (b) its formula ADM; plus
(2) One-third times the quotient of (a) the average of the
total federal adjusted gross income of the school district's
residents for the three years most recently reported under section
3317.021 of the Revised Code divided by (b) its formula ADM.
(B) Rank all school districts in order of local wealth per
pupil, from the district with the lowest local wealth per pupil to
the district with the highest local wealth per pupil.
(C) Compute the per pupil state parity aid funding for each
school
district in accordance with the following formula:
Payment percentage X (threshold local wealthper pupil - the
district's localwealth per pupil) X 0.0095(1) "Payment percentage," for purposes of division (C) of
this section, equals 20% in
fiscal year 2002, 40%
in fiscal year
2003, and 60% in fiscal year 2004, 80% in fiscal year
2005, and 100%
after
fiscal year 2005.
(2) Nine and one-half mills (0.0095) is the general
assembly's
determination of the average number of effective
operating mills
that districts in the seventieth to ninetieth
percentiles of
valuations per pupil collected in fiscal year 2001
above the
revenues required to finance their attributed local
shares of the
calculated cost of an adequate education. This was
determined by
(a) adding the district revenues from operating
property tax
levies and income tax levies, (b) subtracting from
that total the
sum of (i) twenty-three mills times adjusted
recognized valuation
plus (ii) the attributed local shares of
special education,
transportation, and vocational education
funding as described in
divisions (F)(1) to (3) of section
3317.022 of the Revised Code,
and (c) converting the result to an
effective operating property
tax rate.
(3) The "threshold local wealth per pupil" is the local
wealth per pupil of the school district with the
four-hundred-ninetieth lowest local wealth per pupil.
If the result of the calculation for a school district under
division (C) of this section is less than zero, the district's per
pupil parity aid shall be zero.
(D) Compute the per pupil alternative parity aid for each
school district that has a combination of an income factor of 1.0
or less, a DPIA index of 1.0 or greater, and a
cost-of-doing-business factor of 1.0375 or greater, in accordance
with the following formula:
Payment percentage X $60,000 X
(1 - income factor) X 4/15 X 0.023(1) "DPIA index" has the same meaning as in section 3317.029
of the Revised Code.
(2) "Payment percentage," for purposes of division (D) of
this section, equals 50% in fiscal year 2002 and 100% after fiscal
year 2002.
(E) Pay each district that has a combination of an income
factor 1.0 or less, a DPIA index of 1.0 or greater, and a
cost-of-doing-business factor of 1.0375 or greater, the greater of
the following:
(1) The product of the district's per pupil parity aid
calculated under division (C) of this section times its formula
ADM;
(2) The product of its per pupil alternative parity aid
calculated under division (D) of this section times its formula
ADM.
(F) Pay every other district the product of its per pupil
parity aid calculated under division (C) of this section times its
formula ADM.
Every six years, the general assembly shall redetermine,
after considering the report of the committee appointed under
section 3317.012 of the Revised Code, the average number of
effective operating mills that districts in the seventieth to
ninetieth percentiles of valuations per pupil collect above the
revenues required to finance their attributed local shares of the
cost of an adequate education.
Sec. 3317.022. (A)(1) The department of education shall
compute
and distribute state base cost funding to
each school
district for the fiscal year in accordance with the
following
formula,
making any adjustment required by
division (A)(2) of
this section and
using
the
information obtained
under section
3317.021 of the Revised
Code in
the calendar year in
which the
fiscal year begins.
Compute the following for each eligible district:
[cost-of-doing-business factor Xthe formula amount X (the greater of formula ADMor three-year average formula ADM)] -(.023 X
recognized valuation)
If the difference obtained is a negative number, the
district's computation shall be zero.
(2)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(2)(a) of
this section applies, the
department
shall adjust the recognized
valuation used in
the
calculation
under
division (A)(1) of this
section
by subtracting
from it the amount
calculated under
division (A)(2)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district
means the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified
in division
(A) of
section
3317.013 of the Revised Code;
(b) The
district's category two
special education
ADM
multiplied by the
multiple
specified
in division
(B) of section
3317.013 of the Revised
Code;
(c) The district's category three special education ADM
multiplied by the multiple specified in division (C) of section
3317.013 of the Revised Code;
(d) The district's category four special education ADM
multiplied by the multiple specified in division (D) of section
3317.013 of the Revised Code;
(e) The district's category five special education ADM
multiplied by the multiple specified in division (E) of section
3317.013 of the Revised Code;
(f) The district's category six special education ADM
multiplied by the multiple specified in division (F) of section
3317.013 of the Revised Code.
(2) "State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
Cost-of-doing-business factor Xthe formula amount X (the greater of formulaADM or three-year average formula ADM)The resultant number is the district's state share
percentage.
(3)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for handicapped children whose
handicaps are described
in division
(B) of section 3317.013 or division (F)(3) of section
3317.02 of the Revised Code, behavioral intervention,
interpreter
services, work study, nursing services, and
specialized
integrative services as those terms are defined by the department;
(b) Speech and language services provided to any
student
with a handicap, including any student whose primary or
only
handicap is a speech and language handicap;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.023 of the Revised Code;
(e) Any other related service needed by
handicapped children
in accordance with their individualized
education plans.
(4) The "total vocational education weight" for a district
means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
The district's state share percentageX the formula amount for the yearfor which the aid is calculatedX the district's total special education weight(2)
The
attributed local share of special education and
related services additional
weighted costs equals:
(1 - the district's state share percentage) Xthe district's total special education weight Xthe formula amount
(3)(a) The department shall compute and
pay in accordance
with
this division additional state aid to
school districts for
students in
categories two through six special
education ADM. If
a district's
costs for the fiscal year for a
student in its
categories two through six
special
education ADM
exceed the
threshold catastrophic cost for serving the student,
the
district
may submit to
the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all its
costs for that
student. Upon submission of documentation
for a
student of the
type and in the manner prescribed, the
department
shall pay to
the district an amount equal to the
sum of the
following:
(i) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(ii) The product of one-half of the
district's costs for the
student in excess of
the threshold catastrophic cost multiplied
by
the district's state share percentage.
(b) For purposes of division (C)(3)(a) of this section, the
threshold catastrophic cost for serving a student equals:
(i) For a student in the school district's category two,
three, four, or five special education ADM, twenty-five thousand
dollars in fiscal year 2002 and twenty-five thousand seven hundred
dollars in fiscal year years 2003 and 2004;
(ii) For a student in the district's category six special
education ADM, thirty thousand dollars in fiscal year 2002 and
thirty thousand eight hundred forty dollars in fiscal year years 2003 and 2004.
The threshold catastrophic costs for fiscal year 2003
represent a two and eight-tenths per cent inflationary increase
over fiscal year 2002.
(c) The district shall only report
under division (C)(3)(a)
of this section, and the department shall only
pay
for, the
costs
of educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(5)(4)(a) As used in this division, the "personnel
allowance"
means
thirty
thousand dollars
in fiscal
years 2002 and, 2003, and 2004.
(b) For the provision of speech services to students,
including students
who do
not have
individualized education
programs prepared for
them under
Chapter
3323. of the Revised
Code, and for
no
other purpose, the department of education shall
pay each
school district an
amount calculated under the following
formula:
(formula ADM divided by 2000) X
the personnel allowance X the state share percentage
(5) In any fiscal year, a school district
shall spend
for
purposes that the department designates as approved for
special
education
and related services
expenses
at least the amount
calculated
as follows:
(cost-of-doing-business factor Xformula amount X
the sum of categoriesone through six special education ADM) +
(total special education weight X formula amount)The purposes approved by the department for special education
expenses shall include, but shall not be limited to,
identification of handicapped children, compliance with state
rules governing the education of handicapped children and
prescribing the continuum of program options for handicapped
children, and the portion of the school district's overall
administrative and overhead costs that are attributable to the
district's special education student population.
The department shall require school districts to report data
annually to allow for monitoring compliance with division (C)(5)
of this section. The department shall annually report to the
governor and the general assembly the amount of money spent by
each school district for special education and related services.
(D)(1) As used in this division:
(a) "Daily bus miles per student" equals the number of bus
miles
traveled per day, divided by transportation base.
(b) "Transportation base" equals total student count as
defined
in section 3301.011 of the Revised Code, minus the number
of
students enrolled in preschool handicapped units, plus the
number
of nonpublic school students included in transportation
ADM.
(c) "Transported student percentage" equals transportation
ADM divided by transportation base.
(d) "Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by
transportation base.
(2) Analysis of student transportation cost data has
resulted in a
finding that an average efficient transportation use
cost per student
can be calculated by means of a regression
formula that has as its two
independent variables the number of
daily bus miles per student
and the transported student
percentage. For fiscal
year 1998 transportation cost data, the
average efficient
transportation use cost per student is expressed
as follows:
51.79027 + (139.62626 X daily bus miles per student) +
(116.25573 X transported student percentage)
The department of education shall annually determine the
average
efficient transportation use cost per student in
accordance with the
principles stated in division (D)(2) of this
section, updating the
intercept and regression coefficients of the
regression formula
modeled in this division, based on an annual
statewide analysis of
each school district's daily bus miles per
student, transported
student percentage, and transportation cost
per student data. The
department shall conduct the annual update
using data, including
daily bus miles per student, transported
student percentage, and
transportation cost per student data, from
the prior fiscal year.
The department shall notify the office of
budget and management of
such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this
section, each
district with a transported student
percentage greater than
zero shall receive a payment equal to a
percentage of the product of the district's transportation
base
from the prior fiscal year times the annually
updated average
efficient transportation use cost per student,
times an inflation
factor
of two and eight tenths per cent to account for the
one-year difference
between the data used in updating the
formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product
specified for the corresponding fiscal year:
|
FISCAL YEAR |
|
PERCENTAGE |
|
2000 |
|
52.5% |
|
2001 |
|
55% |
|
2002 |
|
57.5% |
|
2003 and thereafter |
|
The greater of 60%
or the district's state share percentage |
The payments made under division (D)(3) of this section each
year
shall be calculated based on all of the same prior year's
data used to update
the formula.
(4) In addition to funds paid under divisions (D)(2)
and (3)
of this section, a school district shall receive a
rough road
subsidy if
both of the following apply:
(a) Its county rough road percentage is higher than the
statewide
rough road percentage, as those terms are defined in
division
(D)(5) of this section;
(b) Its district student density is
lower than the statewide
student density, as those terms are defined in
that division.
(5) The rough road subsidy paid to each district meeting
the
qualifications of division (D)(4) of this section shall
be
calculated in accordance with the following formula:
(per rough mile subsidy X total rough road miles) X
density multiplier
(a) "Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
0.75 - {0.75 X [(maximum rough road
percentage -county rough road percentage)/(maximum rough road percentage -
statewide rough road percentage)]}
(i) "Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii) "County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by
the department of transportation as
type A, B, C, E2,
or F in the
county in which the school district is located
or, if
the district is located in more than one county, the county
to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii) "Statewide rough road percentage" means the percentage
of
the statewide total mileage of state, municipal, county, and
township roads
that is rated as type A, B, C, E2, or
F by the
department of transportation.
(b) "Total rough road miles" means a school district's total
bus
miles traveled in one year times its county rough road
percentage.
(c) "Density multiplier" means a figure calculated in
accordance
with the following formula:
1 - [(minimum student density - district student
density)/(minimum student density -
statewide student density)](i) "Minimum student density" means the lowest district
student
density in the state.
(ii) "District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii) "Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square
miles in all school districts.
(6) In addition to funds paid under divisions
(D)(2) to (5)
of this section, each district
shall receive in accordance with
rules adopted by the state board of education
a payment for
students transported by
means other than board-owned or
contractor-operated buses and whose
transportation is not funded
under division (J) of section 3317.024
of the Revised Code. The
rules shall include
provisions for school district reporting of
such students.
(E)(1) The department shall compute and distribute state
vocational
education additional weighted costs funds to each
school district in
accordance with the following formula:
state share percentage X
the formula amount X
total vocational education weight
In any fiscal year, a school district receiving funds under
division (E)(1) of this section shall spend those funds only for
the purposes that the department designates as approved for
vocational
education expenses.
(2) The department shall compute for each school
district
state funds for vocational education associated services in
accordance with the following formula:
state share percentage X .05 X
the formula amount X the sum of categories one and two
vocational education ADM
In any fiscal year, a school district receiving funds under
division (E)(2) of this section, or through a transfer of funds
pursuant to division (L) of section 3317.023 of the Revised Code,
shall spend
those funds only for
the purposes that the department
designates as approved for vocational
education associated
services expenses, which may
include such purposes as
apprenticeship coordinators, coordinators for other
vocational
education services, vocational
evaluation, and other purposes
designated by the department. The
department may deny payment
under division (E)(2) of this section to
any district that the
department determines is not operating those services or
is using
funds paid under
division (E)(2) of this section, or through a
transfer of funds
pursuant to division (L) of section 3317.023 of
the Revised Code, for other
purposes.
(F) Beginning in fiscal year 2003, the actual local share in
any fiscal year for the
combination of special education and
related services additional
weighted costs funding calculated
under division (C)(1) of this
section, transportation funding
calculated under divisions (D)(2)
and (3) of this section, and
vocational education and associated
services additional weighted
costs funding calculated under
divisions (E)(1) and (2) of this
section shall not exceed for any
school district the product of
three mills times the district's
recognized valuation. Beginning
in fiscal year 2003, the department annually shall pay
each
school
district as an excess cost supplement any amount by
which
the sum
of the district's attributed local shares for that
funding
exceeds
that product. For purposes of calculating the
excess cost
supplement:
(1) The attributed local share for special education and
related services additional weighted costs funding is the amount
specified in division (C)(2) of this section.
(2) The attributed local share of transportation funding
equals the difference of the total amount calculated for the
district using the formula developed under division (D)(2) of this
section minus the actual amount paid to the district after
applying the percentage specified in division (D)(3) of this
section.
(3) The attributed local share of vocational education and
associated services additional weighted costs funding is the
amount determined as follows:
(1 - state share percentage) X[(total vocational education weight X the formula amount) +the payment under division (E)(2) of this section]
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the
Revised Code, the amounts required to be paid to a district
under
this chapter shall be adjusted by the amount
of the computations
made under divisions (B) to
(L)(M) of this
section.
(1)
"Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2)
"Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3)
"Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal
year for which the adjustment is made under division
(C) of this
section. It shall not include any salary payments for
supplemental teachers contracts.
(4)
"Regular student population" means the formula ADM
plus
the number of students reported as enrolled in the district
pursuant
to division (A)(1) of section 3313.981 of the Revised
Code;
minus the number of students reported under
division (A)(2)
of section 3317.03 of the Revised
Code; minus the FTE of students
reported under
division (B)(5), (6), (7), (8),
(9), (10), (11),
or (12) of
that
section who are enrolled
in a vocational education
class or
receiving special education;
and minus one-fourth of the
students
enrolled concurrently in a joint
vocational school
district.
(5)
"State share percentage"
has the same
meaning
as in
section
3317.022
of the Revised Code.
(6)
"VEPD" means a school district or group of school
districts
designated by the department of education as being
responsible for the
planning for and provision of vocational
education
services to students within the district or group.
(7)
"Lead district" means a school district, including a
joint
vocational school district, designated by the department as
a
VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts.
(B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in
the
regular student population in any school district, deduct the sum
of the amounts obtained
from the following computations:
(1) Divide the number of the district's full-time
equivalent
classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by seven hundred
fifty-two dollars.
(C) If a positive amount, add one-half of the amount
obtained by multiplying the number of full-time equivalent
classroom teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under
this section.
The number of full-time equivalent classroom teachers used
in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating
the
district's mean salary under
this division, those full-time
equivalent classroom teachers with
the highest training level
shall be counted first, those with the
next highest training level
second, and so on, in descending
order. Within the respective
training levels, teachers with the
highest years of service shall
be counted first, the next highest
years of service second, and so
on, in descending order.
(D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the
regular
student population:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted
village school district to which a governing board of
an
educational service center provides services
pursuant to section
3313.843 of the Revised
Code, deduct the amount of the payment
required for the
reimbursement of the governing board under
section 3317.11 of the Revised
Code.
(F)(1) If the district is required to pay to or entitled
to
receive tuition from another school district under division
(C)(2)
or (3) of section 3313.64 or section 3313.65 of the
Revised Code,
or if the superintendent of public instruction is
required to
determine the correct amount of tuition and make a
deduction or
credit under section 3317.08 of the Revised Code,
deduct and
credit such amounts as provided in division (I) of
section 3313.64
or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible
for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct
the amount of tuition
or payment for which the district is responsible.
(G) If the district has been certified by the
superintendent
of public instruction under section 3313.90 of the
Revised Code as
not in compliance with the requirements of that
section, deduct an
amount equal to ten per cent of the amount
computed for the
district under section 3317.022 of the Revised
Code.
(H) If the district has received a loan from a
commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to
such payments.
(I)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district
school board notifies the department in writing that it
wishes to
have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(1) of this section, add the
amount of
such payments.
(J) If the district is required to pay an amount of funds
to
a cooperative education district pursuant to a provision
described
by division (B)(4) of section 3311.52 or division
(B)(8) of
section 3311.521 of the Revised Code, deduct such
amounts as
provided under that provision and credit those amounts
to the
cooperative education district for payment to the district
under
division (B)(1) of section 3317.19 of the Revised Code.
(K)(1) If a district is educating a student entitled to
attend
school in another district pursuant to a shared education
contract, compact,
or cooperative education agreement other than
an agreement entered into
pursuant to section 3313.842 of the
Revised Code, credit to
that educating district on an FTE basis
both of the following:
(a) An amount equal to the formula amount times the cost of
doing
business factor of the school district where the student is
entitled to attend
school pursuant to section 3313.64 or 3313.65
of the Revised
Code;
(b) An amount equal to the formula amount times the state
share
percentage times any multiple applicable to the student
pursuant to section
3317.013 or 3317.014 of the Revised Code.
(2) Deduct any amount credited pursuant to division (K)(1)
of
this section from amounts paid to the school district in which
the student is
entitled to attend school pursuant to section
3313.64 or 3313.65 of the
Revised Code.
(3) If the district is required by a shared education
contract, compact,
or cooperative education agreement to make
payments to an educational service
center, deduct the amounts from
payments to the district and add them to the
amounts paid to the
service center pursuant to section 3317.11 of the Revised
Code.
(L)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the amounts calculated for all the school districts within that
VEPD pursuant to division (E)(2) of section
3317.022 of the
Revised Code.
(2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a
lead district under division (L)(1) of this section.
(M) If the department pays a joint vocational school district under division (G)(4) of section 3317.16 of the Revised Code for excess costs of providing special education and related services to a handicapped student, as calculated under division (G)(2) of that section, the department shall deduct the amount of that payment from the city, local, or exempted village school district that is responsible as specified in that section for the excess costs.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(H), (J) to (L),
(O), (P), and (R) of this
section shall be
distributed to school districts meeting
the requirements of
section 3317.01 of the Revised Code;
in the case of divisions (J)
and (P) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (E),
(M), and (N) of this section, to
county MR/DD
boards; in the case of division (R)
of this section,
to joint
vocational school districts; in the
case of division (K) of this
section, to
cooperative education school districts; and in the
case of division (Q) of
this section, to the institutions defined
under section 3317.082 of the
Revised Code providing elementary or
secondary education programs to children
other than children
receiving special education under section 3323.091 of the
Revised
Code. The following shall be distributed monthly, quarterly, or
annually as may be determined by the state board of education:
(A) A per pupil amount to each school district that
establishes a summer school remediation program that complies
with
rules of the state board of education.
(B) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education.
(C) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes.
(D) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(E) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(F) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year.
(G) In fiscal year 2000 only, an amount to each school
district for supplemental salary allowances for each licensed
employee except
those licensees serving as superintendents,
assistant superintendents, principals, or assistant principals,
whose term of
service in any year is extended beyond the term of
service of regular
classroom teachers, as described in section
3301.0725 of the Revised
Code;
(H) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(I) Notwithstanding section 3317.01 of the Revised Code, but
only until
June 30, 1999,
to each city, local, and exempted
village school district, an
amount for
conducting driver education
courses at high schools for which the
state board of education
prescribes minimum standards and to
joint vocational and
cooperative education school
districts and educational service
centers, an amount for conducting
driver education courses to
pupils enrolled in a high school for
which the state board
prescribes minimum standards. No
payments shall be made under
this division after June 30, 1999.
(J) An amount for the approved cost of transporting
developmentally handicapped pupils whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center.
(K) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education.
(L) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year.
(M) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
board under section 3323.09 of the Revised Code;
(N) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for supportive home services for preschool children;
(O) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program.
(P) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
the
effective date of this amendment
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars.
(Q) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
(R) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$46,260 $47,555 in fiscal
years 2002 and 2003 year 2004.
The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 3317.029. (A) As used in this section:
(1)
"DPIA percentage" means:
(a) In fiscal years prior to fiscal year 2004, the quotient
obtained by
dividing
the five-year average number of children
ages
five to
seventeen
residing in the school district and
living in a
family
receiving
assistance
under the Ohio works first
program or
an antecedent program known as TANF or ADC, as
certified or
adjusted
under
section 3317.10
of the Revised Code,
by the
district's
three-year
average formula
ADM.
(b) Beginning in fiscal year 2004, the
unduplicated number of children ages five to seventeen residing in
the school district and living in a family that has family income
not exceeding the federal poverty guidelines and that receives
family assistance, as certified or adjusted under section 3317.10
of the Revised Code, divided by the district's three-year average
formula ADM.
(2)
"Family assistance" means assistance received under
one
of
the
following:
(a) The
Ohio works first program;
(b) The food stamp program;
(c) The medical assistance program, including the healthy
start program, established under Chapter 5111. of the Revised
Code;
(d) The children's health insurance program part I
established under section 5101.50 of the Revised Code or, prior to
fiscal year 2000, an executive order issued under section 107.17
of the Revised Code;
(e) The disability financial assistance program established under
Chapter 5115. of the Revised Code;
(f) The disability medical assistance program established under Chapter 5115. of the Revised Code.
(3)
"Statewide DPIA
percentage" means:
(a) In fiscal years prior to fiscal year 2004, the five-year
average
of the total number of
children ages five to seventeen
years
residing in the state and
receiving
assistance
under
the
Ohio works first program or an antecedent program known as
TANF or
ADC, divided by
the
sum of the three-year average formula
ADMs
for
all school
districts in the state.
(b) Beginning in fiscal year 2004, the
total unduplicated number of children ages five to seventeen
residing in the state and living in a family that has family
income not exceeding the federal poverty guidelines and that
receives family assistance, divided by the sum of the three-year
average formula ADMs for all school districts in the state.
(4)
"DPIA index"
means the quotient obtained by dividing the
school district's DPIA percentage
by the statewide DPIA
percentage.
(5)
"Federal poverty
guidelines" has the same meaning as in
section 5101.46 of the
Revised Code.
(6) "DPIA student count" means:
(a) In fiscal years prior to fiscal year 2004, the
five-year
average number of children ages five to seventeen
residing in the
school district and living in a family receiving
assistance under
the Ohio works first program or an antecedent
program known as
TANF or ADC, as certified under section 3317.10
of the Revised
Code;
(b) Beginning in fiscal year 2004, the
unduplicated number of children ages five to seventeen residing in
the school district and living in a family that has family income
not exceeding the federal poverty guidelines and that receives
family assistance, as certified or adjusted under section 3317.10
of the Revised Code.
(7) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten.
(8)
"Kindergarten through third grade
ADM" means the
amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three.
(9)
"Statewide average teacher salary" means
forty-two
thousand
four hundred
sixty-nine
dollars in
fiscal year
2002,
and
forty-three
forty-four thousand
six eight hundred
fifty-eight eighty dollars
in
fiscal
year
2003 2004,
which
includes an amount for the
value of
fringe
benefits.
(10)
"All-day kindergarten" means a
kindergarten class
that
is
in session five days per week for not
less than the same
number
of
clock hours each day as for pupils
in grades one through
six.
(11)
"All-day kindergarten percentage" means the
percentage
of
a
district's actual total number of students
enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(12)
"Buildings with the highest concentration of need"
means:
(a) In fiscal years prior to fiscal year 2004,
the school
buildings in a district with percentages of
students
in grades
kindergarten
through three
receiving
assistance under Ohio works
first
at least as high as the
district-wide percentage of
students
receiving
such
assistance.
(b) Beginning in fiscal year 2004, the school buildings in
a
district with percentages of students in grades kindergarten
through three receiving family assistance at least as high as the
district-wide percentage of students receiving family assistance.
(c) If, in any fiscal year, the
information
provided by the
department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the
Ohio works first or
family assistance percentage in each building,
"buildings with
the
highest concentration of need" has the
meaning
given in rules
that
the department of education shall
adopt. The
rules shall
base the
definition of
"buildings with
the highest
concentration
of need"
on family income of students in
grades
kindergarten
through three
in a manner that, to the extent
possible
with
available data,
approximates the intent of this
division
and
division (G) of this
section to designate buildings
where the
Ohio works first or
family assistance
percentage in those grades equals or
exceeds the
district-wide
Ohio works first or
family assistance percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code, a
school district shall
receive the greater of the amount the
district received in fiscal
year 1998 pursuant to division (B) of
section
3317.023 of the Revised Code as it
existed at that time or
the sum of the
computations made under divisions (C) to (E) of
this section.
(C) A supplemental payment that may be utilized for measures
related to safety and security and for remediation or similar
programs,
calculated as follows:
(1) If the DPIA index
of the school district is greater than
or equal to
thirty-five-hundredths, but less than one, an amount
obtained by
multiplying the
district's DPIA student
count by two
hundred thirty
dollars;
(2) If the DPIA index
of the school district is greater than
or equal to one,
an amount obtained by multiplying the
DPIA index
by two
hundred thirty dollars and multiplying that product by the
district's DPIA student count.
Except as otherwise provided in division (F) of this section,
beginning with the school year that starts July 1, 2002, each
school district annually shall use at least twenty per cent of the
funds calculated for the district under this division for
intervention services required by section 3313.608 of the Revised
Code.
(D) A payment for all-day kindergarten if the
DPIA index of
the school district is greater
than or equal to one
or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred, calculated by
multiplying the all-day
kindergarten percentage
by the
kindergarten ADM and multiplying
that product by the formula
amount.
(E) A class-size
reduction payment based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
DPIA index of the school
district as follows:
(a) If the DPIA
index of the school district is less than
six-tenths, the
formula number of teachers is 43.478, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty-three to one;
(b) If the DPIA index of the school
district is greater than
or equal to six-tenths, but less than
two and one-half, the
formula number of teachers is calculated as
follows:
43.478 + {[(DPIA index-0.6)/
1.9] X 23.188}Where 43.478 is the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to one; 1.9
is
the interval from a DPIA
index of six-tenths to a
DPIA index of
two and
one-half; and 23.188 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to
one.
(c) If the DPIA
index of the school district is greater than
or equal to
two and one-half, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
43.478, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty-three to one, and divide that
product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers salary.
(F) This division applies only to school districts whose
DPIA index is one or greater.
(1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage.
(2) Up to an amount equal to the district's DPIA index
multiplied by
its DPIA student count multiplied by
two hundred
thirty
dollars of the money
distributed under
this
section may be
utilized for one or both of the
following:
(a) Programs designed to ensure that
schools are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(b) Remediation for students who have
failed or are in
danger of failing any of the tests
administered
pursuant to
section 3301.0710 of the Revised Code.
Beginning with the school year that starts on July 1, 2002,
each school district shall use at least twenty per cent of the
funds set aside for the purposes of divisions (F)(2)(a) and (b) of
this section to provide intervention services required by section
3313.608 of the Revised Code.
(3) Except as otherwise required by division (G) or
permitted under division (K) of this section,
all other funds
distributed under this section to districts subject to
this
division shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals issued a permit or license under
section
3319.088 of the Revised Code;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(G) Each district subject to division
(F) of this section
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(F)(3) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(H)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its
all-day kindergarten percentage.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code and after consultation
with the
legislative office of education oversight, shall
determine for each school district subject to division (F) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (G) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education.
(I) Any school district with a DPIA index less than one
and
a three-year average formula ADM exceeding seventeen thousand five
hundred shall first utilize funds received
under
this section so
that,
when combined with other funds of the
district,
sufficient
funds
exist to provide all-day kindergarten
to at least the
number
of
children in the district's all-day
kindergarten
percentage.
Such
a district shall expend at least
seventy per
cent of the
remaining
funds received under this
section, and
any other
district with a
DPIA
index less than
one shall expend at
least
seventy per cent of
all funds received
under this
section, for any
of the following
purposes:
(1) The purchase of technology for
instructional purposes;
(2) All-day kindergarten;
(3) Reduction of class sizes;
(4) Summer school remediation;
(5) Dropout prevention programs;
(6) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(7) Summer education and work programs;
(8) Adolescent pregnancy programs;
(9) Head start or preschool programs;
(10) Reading improvement programs described
by the
department of education;
(11) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(12) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(13) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
Each district shall submit to the department, in such format
and at such
time as the department shall specify, a report on the
programs for which it
expended funds under this division.
(J) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage
and the percentage actually enrolled in
all-day kindergarten.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(K)(1) A district may use a portion of the funds calculated
for
it under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (F)(3) of this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM,
which shall consist of the average daily membership during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code.
(2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval by the state board of
education
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section,
are enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code, are enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code,
are enrolled in a
community school
established under Chapter 3314.
of the Revised
Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school,
or are participating in a
program operated by a county MR/DD board
or a state
institution;
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap described
in division (A)
of section 3317.013 of the
Revised Code;
(6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
described
in division
(B)
of section 3317.013 of the
Revised Code;
(7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
described
in division
(C)
of
section
3317.013
of the Revised Code;
(8)
The average daily
membership of handicapped children
reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps described
in division (D) of section
3317.013 of the Revised Code;
(9) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
described
in division (E) of section 3317.013 of the Revised Code;
(10) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for category six handicaps described in
division (F) of section 3317.013 of the Revised Code;
(11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center;
(12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center;
(13) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education;
(14)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
described in
division (A) of
section
3317.013
of the Revised
Code;
(c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
described in
division (B) of
section
3317.013
of the Revised
Code;
(d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps described in
division
(C) of section
3317.013 of the Revised
Code;
(e) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps described in division (D) of section
3317.013 of the Revised Code;
(f) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap described in division (E) of
section
3317.013 of the Revised Code;
(g) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps described in division (F) of section
3317.013 of the Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. of the Revised Code shall be counted in the
formula ADM and, if applicable, the category one, two, three,
four, five, or six
special education ADM of the school district in
which the student
is entitled to attend school under section
3313.64 or 3313.65 of
the Revised Code for the same proportion of
the school year that
the student is counted in the enrollment of
the community school
for purposes of section 3314.08 of the
Revised Code.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows:
(a) A child with a handicap described in section 3317.013
of
the Revised Code may be
counted both in formula
ADM and in
category one, two,
three,
four, five, or six
special education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM in the same
proportion that the child is
counted in formula
ADM.
(b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM, which, except
as otherwise provided in this division, shall
consist of
the
average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the
district,
including students enrolled in a
community school established under Chapter 3314. of the Revised
Code who are attending the joint vocational district under an
agreement between the district board of education and the
governing authority of the community school and are entitled to
attend school in a city, local, or exempted village school
district whose territory is part of the territory of the joint
vocational district.
The following categories
of students shall not be
included
in the determination
made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Handicapped children receiving
special
education
services
for the category one handicap described in
division (A)
of section 3317.013
of the Revised Code;
(c) Handicapped children receiving
special
education
services
for the category two handicaps described in
division (B)
of section 3317.013
of the Revised Code;
(d) Handicapped children
receiving special education
services for category three
handicaps
described in division
(C)
of section
3317.013 of the
Revised Code;
(e)
Handicapped children
receiving special education services
for category four handicaps
described in division (D) of section
3317.013 of the Revised Code;
(f) Handicapped children receiving special education
services for the category five handicap described in division (E)
of
section 3317.013 of the Revised Code;
(g) Handicapped children receiving special education
services for category six handicaps described in division (F) of
section 3317.013 of the Revised Code;
(h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education.
Except as provided in
divisions (B)(2)
and (F) of
this section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the first full school week
in
October by the total number
of days the school was actually
open
for instruction during that
week. For purposes of state
funding,
"enrolled" persons are only
those pupils who are
attending school,
those who have attended
school during the
current school year and
are absent for
authorized reasons, and
those handicapped children
currently
receiving home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with
section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February.
(2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
state board of education
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
board department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount
computed
in the manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code.
(3) If a student attending a community school under Chapter
3314. of the Revised Code is not included in the formula ADM
certified for the first full school week of October for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the community school student in accordance with division
(C)(2) of this section, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in the community school during
the first full school week in October.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education the average
daily
membership of all handicapped children in classes or
programs
approved annually by the state board department of education, in the
manner prescribed
by the superintendent of public instruction.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved by the state
board of education
pursuant to section
3317.05 of the Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes.
(3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day.
(b) If the state board department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section, the board department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department of
education shall pay an
amount
computed in the manner prescribed in
sections
3317.052 and
3317.053 of the Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
Sec. 3317.032. (A) Each city, local, exempted
village, and cooperative education school district, each
educational service center, each county
MR/DD board, and each institution operating a special education
program pursuant to section 3323.091 of the Revised Code shall,
in accordance with procedures adopted by the state board of
education, maintain a record of district membership of both of
the following:
(1) All handicapped preschool children in units
approved
under division (B) of section 3317.05 of the Revised Code;
(2) All handicapped preschool children who are not in
units approved by the state board under division (B) of
section
3317.05 of the Revised Code but who are otherwise served by a
special education program.
(B) The superintendent of each district, board, or
institution subject to division (A) of this section shall certify
to the state board of education, in accordance with procedures
adopted by that board, membership figures of all handicapped
preschool children whose membership is maintained under division
(A)(2) of this section. The figures certified under this
division shall be used in the determination of
the ADM used to compute funds for
educational
service center governing boards under division (B) of
section 3317.11 of the Revised Code.
Sec. 3317.05. (A) For the purpose of calculating
payments
under sections
3317.052 and
3317.053 of the
Revised Code, the
state board department of
education shall determine for
each institution, by
the last day of
January of each year and
based on information
certified under
section 3317.03 of the
Revised Code, the number of
vocational education units or
fractions of units
approved by the
state board department on the basis of
standards
and rules adopted by the
state board of education. As used in this
division,
"institution" means an
institution operated by a
department specified in
section 3323.091
of the Revised Code and
that provides
vocational education
programs under the supervision
of the
division of vocational
education of the department of
education
that meet the standards
and rules for these programs,
including
licensure of professional
staff involved in the
programs, as
established by the state board
of education.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised Code, the
state board department shall
determine, based
on
information certified under
section 3317.03 of the Revised
Code,
the following by the last day
of January of each
year for each
educational
service center, for
each school district, including
each
cooperative education school
district, for each institution
eligible for payment under section
3323.091 of
the Revised Code,
and for each county MR/DD board:
the
number of
classes operated
by the school district, service
center,
institution, or
county
MR/DD board for
handicapped
preschool
children, or fraction
thereof, including in the case of
a district
or service center
that is a funding agent, classes
taught by a
licensed teacher
employed by that district or service
center under
section
3313.841
of the Revised Code, approved
annually by the
state
board department on the
basis of standards and rules
adopted by
the
state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised
Code, the
state board department shall determine, based on
information certified
under
section 3317.03 of the Revised
Code,
the following by the last
day
of January of each year for
each
school district, including each
cooperative education
school
district, for each institution
eligible for payment under
section
3323.091 of the Revised Code,
and for each county
MR/DD board:
the
number of
preschool
handicapped related services units for
child
study,
occupational,
physical, or speech and hearing
therapy,
special
education
supervisors, and special education
coordinators
approved annually
by the state board department on the basis
of
standards and
rules adopted by
the state board.
(D) For the purpose of
calculating payments under sections
3317.052 and
3317.053 of the
Revised Code, the
state board department shall
determine, based on
information certified under
section 3317.03 of
the Revised
Code, the following by the last day
of January of each
year for
each institution
eligible for payment
under section
3323.091 of the
Revised Code:
(1) The number of classes operated by an institution
for
handicapped
children other than handicapped
preschool children, or
fraction
thereof, approved annually by the
state board department on
the
basis of standards and rules adopted by the
state board;
(2) The number of related services units for children
other
than handicapped preschool children for child study,
occupational,
physical, or speech and hearing therapy, special
education
supervisors, and special education coordinators
approved annually
by the state board department on the basis
of standards and rules adopted by
the state board.
(E) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually by the state board under this
section shall not exceed
the number of units included in the state
board's estimate of
cost for these units and
appropriations made
for them by the
general assembly.
In the case of units described in division
(D)(1) of this
section operated by
institutions
eligible
for payment under
section 3323.091 of the Revised Code,
the state
board department shall
approve only units for persons
who are under age
twenty-two on the
first day of the academic
year, but not less
than six years of age
on the thirtieth day of
September of that
year, except that such a
unit may
include one or more children who
are under six years of
age on
the thirtieth day of September if
such children have been
admitted to the unit pursuant to rules of
the state
board. In the
case of handicapped preschool units
described in division (B) of
this section operated by
county MR/DD
boards and
institutions
eligible for payment under section
3323.091 of the
Revised Code,
the state board department shall approve only
preschool units
for children
who are under age six but not less
than age three on
the thirtieth first
day of September December of the academic
year, except that
such a unit may
include one or more children who
are under age
three or are age
six or over on the thirtieth first day of
September December, as reported under division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if
such children
have been admitted to the unit pursuant
to rules of
the state
board of education. The number of units for
county MR/DD
boards
and institutions eligible
for payment under
section 3323.091 of
the Revised Code approved
by the state board
under this section
shall not exceed the number that
can be funded
with appropriations
made for such purposes by the general
assembly.
No unit shall be approved under divisions (B)
to (D) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(F) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the state board.
Sec. 3317.06. Moneys paid to school districts under
division
(L) of section 3317.024 of the Revised Code shall
be used
for the
following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic
textbooks as have
been
approved by the superintendent of public
instruction for use in
public schools in the state and to loan
such textbooks or electronic
textbooks to pupils
attending
nonpublic schools within the district or to their
parents and to
hire clerical personnel to administer such lending
program. Such
loans shall be based upon individual requests
submitted by such
nonpublic school pupils or parents. Such
requests shall be
submitted to the school district in which the
nonpublic school is
located. Such individual requests for the
loan of textbooks or
electronic textbooks shall, for administrative
convenience, be
submitted by the nonpublic school pupil or the pupil's
parent to
the nonpublic school, which shall prepare and submit
collective
summaries of the individual requests to the school district. As
used in this section:
(1) "Textbook" means any book or book
substitute that a
pupil uses as a consumable or
nonconsumable text, text substitute,
or text
supplement in a
particular class or program in the school
the pupil regularly
attends.
(2) "Electronic textbook" means computer software,
interactive
videodisc, magnetic media, CD-ROM, computer
courseware,
local and remote computer assisted instruction,
on-line service, electronic
medium, or other means of conveying
information to the student or otherwise
contributing to the
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school,
in nonpublic schools, in public centers, or in mobile units
located on
or off of the nonpublic premises. If such services are
provided in the public
school or in public centers, transportation
to and from such facilities
shall be provided by the school
district in which the nonpublic
school is located.
(F) To provide guidance and counseling services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the public school, in nonpublic schools, in
public centers, or
in mobile units located on or off of the
nonpublic premises. If such
services are provided in the public
school or in public centers,
transportation to and from such
facilities shall be provided by
the school district in which the
nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools, in public
centers, or in
mobile units located on or off of the nonpublic
premises. If such
services are provided in
the public school or
in public centers, transportation to and
from such facilities
shall be provided by the school district in
which the nonpublic
school is located.
(H) To supply for use by pupils attending nonpublic
schools
within the district such standardized tests and scoring
services
as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are handicapped children as
defined in division (A) of section 3323.01 of the Revised Code or
gifted children. Such programs shall be provided in the public
school, in nonpublic schools, in public centers, or in mobile
units located
on or
off of
the nonpublic premises. If such
programs are provided in the public school or
in public centers,
transportation to and from such facilities
shall be provided by
the school district in which the nonpublic
school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase
or lease any secular, neutral, and
nonideological
computer software (including site-licensing),
prerecorded
video
laserdiscs, digital video on demand (DVD),
compact discs, and
video cassette cartridges, wide area
connectivity and
related
technology as it relates to internet
access, mathematics or
science
equipment and
materials,
instructional materials, and
school library materials
that are in
general use in the public
schools of the
state and loan such items
to pupils attending
nonpublic schools within the district or to
their parents, and to
hire clerical personnel to administer the
lending program. Only
such items that are incapable of diversion
to
religious
use and
that are susceptible of loan to individual
pupils and are
furnished for the use of individual pupils shall be
purchased and
loaned under this division. As used in this
section,
"instructional
materials" means prepared learning
materials that
are secular, neutral, and
nonideological in
character and are of
benefit to the instruction of school
children, and may include
educational resources and services
developed by the
Ohio schoolnet
commission department of education.
(L) To purchase
or lease instructional equipment, including
computer
hardware and
related equipment in general use in the
public
schools of the state, for
use
by pupils attending nonpublic
schools within the district and to loan such items to pupils
attending nonpublic schools within the district or to their
parents, and to
hire clerical personnel to administer the lending
program.
(M) To purchase mobile units to be used for the
provision of
services
pursuant to divisions (E), (F), (G),
and (I)
of this
section and to pay for necessary repairs and operating
costs
associated
with these units.
Clerical and supervisory personnel hired pursuant to
division
(J) of this section shall perform their services in the
public
schools, in nonpublic schools, public centers, or mobile units
where
the services are provided to the nonpublic school pupil,
except
that such personnel may accompany pupils to and from the
service sites when necessary to ensure the safety of the children
receiving the services.
All services provided pursuant to this section may be
provided under contract with
educational service centers,
the
department of health, city or general health districts, or
private
agencies whose personnel are properly licensed by an
appropriate
state board or agency.
Transportation of pupils provided pursuant to divisions
(E),
(F), (G), and (I) of this section shall be provided by the
school
district from its general funds and not from moneys paid
to it
under division (L) of section 3317.024 of the Revised
Code unless
a special transportation request is submitted by the
parent of the
child receiving service pursuant to such divisions.
If such an
application is presented to the school district, it
may pay for
the transportation from moneys paid to it under
division (L) of
section 3317.024 of the Revised Code.
No school district shall provide health or remedial
services
to nonpublic school pupils as authorized by this section
unless
such services are available to pupils attending the public
schools
within the district.
Materials, equipment, computer hardware or software,
textbooks,
electronic textbooks, and
health and remedial services
provided for the benefit of
nonpublic school pupils pursuant to
this section and the
admission of pupils to such nonpublic schools
shall be provided
without distinction as to race, creed, color, or
national origin
of such pupils or of their teachers.
No school district shall provide services, materials, or
equipment
that contain religious content for use in
religious
courses, devotional exercises, religious training, or
any other
religious activity.
As used in this section, "parent" includes a person
standing
in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code,
payments
shall be made under this section to any city, local, or
exempted
village school district within which is located one or
more
nonpublic elementary or high schools
and any payments made to
school districts under division (L) of section 3317.024 of the
Revised Code for purposes of this
section may be disbursed without
submission to and approval of the
controlling board.
The allocation of payments for materials, equipment,
textbooks, electronic textbooks, health services, and remedial
services to city, local,
and exempted village school districts
shall be on the basis of
the state board of education's estimated
annual average daily
membership in nonpublic elementary and high
schools located in
the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district
for
the same purposes and in the same manner as the payments may
be
used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may
be transferred to the auxiliary services personnel
unemployment
compensation fund established pursuant to section
4141.47 of the
Revised Code. The department shall also adopt
guidelines and
procedures limiting the purchase and loan of
the items
described
in division (K) of
this section to items that are in general use
in the public
schools of the state, that are incapable of
diversion to
religious use, and that are susceptible to individual
use rather
than classroom use. Within thirty days after the end
of each
biennium, each board of education shall remit to the
department
all moneys paid to it under division (L) of section
3317.024 of the Revised Code and any interest earned on those
moneys that are
not required to pay expenses incurred under this
section during
the biennium for which the money was appropriated
and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the director of job and family
services who shall make a refund as
provided in section 4141.47 of
the Revised Code.
Sec. 3317.064. (A) There is hereby established in the
state
treasury the auxiliary services mobile unit replacement and
repair reimbursement
fund. By the thirtieth day of January of each
odd-numbered
year,
the director of job and family services and the
superintendent
of
public instruction shall
determine the amount of
any excess moneys
in the auxiliary
services personnel unemployment
compensation fund
not reasonably
necessary for the purposes of
section 4141.47 of
the Revised
Code, and shall certify such amount
to the director of
budget and
management for transfer to the
auxiliary services
mobile unit
replacement and repair reimbursement fund. If
the director of
job
and family services and the
superintendent disagree on such
amount, the director of budget and
management shall
determine the
amount to be transferred.
(B) Moneys in the auxiliary services mobile unit
replacement
and repair reimbursement fund shall be used for the relocation or for the
replacement and
repair of mobile units used to provide the
services
specified in division (E), (F), (G), or (I) of section
3317.06 of the
Revised Code. The state
board of
education shall
adopt guidelines and procedures for
replacement, repair, and
relocation of mobile units and
the
procedures under which a
school
district may apply to receive
moneys with which to repair
or
replace or relocate such units.
(C) School districts may apply to the department for moneys
from the auxiliary services mobile unit replacement and repair reimbursement
fund for payment of incentives for early retirement and severance
for school district personnel assigned to provide services
authorized by section 3317.06 of the Revised Code at chartered
nonpublic schools. The portion of the cost of any early
retirement or severance incentive for any employee that is paid
using money from the auxiliary services mobile unit replacement
and repair reimbursement fund shall not exceed the percentage of such employee's
total service credit that the employee spent providing services
to chartered nonpublic school students under section 3317.06 of
the Revised Code.
Sec. 3317.07. The state board of education shall establish
rules for the purpose of distributing subsidies for the purchase
of school buses under division (E) of section 3317.024 of the
Revised Code.
No school bus subsidy payments shall be paid to any
district unless such district can demonstrate that pupils
residing more than one mile from the school could not be
transported without such additional aid.
The amount paid to a county MR/DD board for buses purchased
for transportation of children in special education programs
operated by the board shall be one hundred per cent of the
board's net cost.
The amount paid to a school district for buses purchased
for transportation of handicapped and nonpublic school pupils
shall be one hundred per cent of the school district's net cost.
The state board of education shall adopt a formula to
determine the amount of payments that shall be distributed to
school districts to purchase school buses for pupils other than
handicapped or nonpublic school pupils.
If any district or MR/DD board obtains bus services for
pupil transportation pursuant to a contract, such district or
board may use payments received under this section to defray the
costs of contracting for bus services in lieu of for purchasing
buses.
If the department of education determines that a county MR/DD board no longer needs a school bus because the board no longer transports children to a special education program operated by the board, or if the department determines that a school district no longer needs a school bus to transport pupils to a particular nonpublic school or special education program, the department may reassign a bus that was funded with payments provided pursuant to this section for the purpose of transporting such pupils. The department may reassign a bus to a county MR/DD board or school district that transports children to a special education program designated in the children's individualized education plans, or to a school district that transports pupils to a nonpublic school, and needs an additional school bus.
Sec. 3317.10. (A) On or before the first day of March of
each year, the department of job and family services
shall certify
to the
state board of education the
unduplicated number of
children ages five through
seventeen residing in each school
district and living in a family
that,
during the
preceding
October, had family income not exceeding the federal
poverty
guidelines as defined in section 5101.46 of the Revised
Code and
participated in one of the following:
(2) The food stamp program;
(3) The medical assistance program, including the healthy
start program, established under Chapter
5111. of the Revised
Code;
(4) The children's health insurance program part I
established under section 5101.50 of the Revised Code;
(5) The disability financial assistance program established under
Chapter 5115. of the Revised Code;
(6) The disability medical assistance program established under Chapter 5115. of the Revised Code.
The department of job and family services shall certify this
information
according to the school district of residence
for
each child. Except as provided under division (B) of this
section, the number of children so certified in any year shall be
used by
the department of education in calculating the
distribution of moneys for the ensuing fiscal year
as provided in
section 3317.029 of the Revised Code.
(B) Upon the transfer of part of the territory of one
school
district to the territory of one or more other school
districts,
the department of education may adjust the number
of children
certified under division (A) of this section for any
district
gaining or losing territory in such a transfer in order to take
into account the effect of the transfer on the number of
such
children
who reside in the district.
Within
sixty days of
receipt
of a request for information
from the
department of
education, the
department of job and family
services
shall
provide
any
information the department of education
determines is
necessary to
make such adjustments. The department
of education
may use the
adjusted number for any district for the
applicable
fiscal year,
in lieu of the number certified for the
district for
that fiscal
year under division (A) of this
section,
in the
calculation of the
distribution of moneys provided in
section
3317.029 of the Revised
Code.
Sec. 3317.11. (A) Annually, on or before a date designated
by the state
board of education, each educational service center
governing board shall prepare
a budget of operating expenses for
the ensuing year for the
service center on forms prepared and
furnished by the
state board of education and shall certify the
budget to the
state board of education, together with such other
information as
the board may require. Such budget shall consist
of two parts.
Part (A) shall include the cost of the salaries,
employers
retirement contributions, and travel expenses of
supervisory
teachers approved by the state board of education.
The
amount
derived from the calculation for such units in part (A)
of
the
governing board budget shall be the sum of:
(1) The sum of the minimum salaries calculated, pursuant
to
section 3317.13 of the Revised Code, for each approved
licensed
employee of the governing board;
(2) An additional salary allowance proportional to the
length of the extended term of service not to exceed three months
for each supervisory and child study teacher whose term of
service
in any year is extended beyond the terms of service of
regular
classroom teachers;
(3) An allowance equal to fifteen per cent of the amount
computed under division (A)(1) of this section;
(4) An allowance for necessary travel expenses, for each
of
the personnel approved in part (A) of the budget, limited to
two
hundred twenty-three dollars and sixteen cents per month, or
two
thousand six hundred seventy-eight dollars per year per
person
employed, whichever is the lesser.
Part (B) shall include
the cost of all other lawful
expenditures of the governing board. The state
board of education
shall review such budget and may approve, increase, or
decrease
such budget.
The governing board shall be reimbursed by the
state board of
education from state funds for the cost of part
(A) of the budget.
The governing board shall be reimbursed by the state
board of
education, from state funds for
the cost of part (B) of the
approved budget that is in excess of
six dollars and fifty cents
times the service center ADM. If
the governing board
provides
services to city or exempted village school districts
pursuant to
section 3313.843 of the Revised Code, the governing
board shall be
reimbursed from state funds for the cost of part
(B) of the budget
that is in excess of six dollars and fifty
cents times the sum of
the service center ADM and the
client ADMs of the city or exempted
village districts to which such services are provided. The cost
of part (B) not in excess of six dollars and fifty cents times
the
number of such ADM shall be apportioned by the state board of
education among the local school districts in the territory of the
service
center, or among all districts to
which the governing
board
provides services, on the basis of the total number of
pupils in
each school district.
If part (B) of the budget is in excess of that approved by
the state board of education, the excess cost shall be
apportioned
by the state board of education among the local
school districts
in the territory of the
service center on the basis of
the total
number of such pupils in each such school district,
provided that
a majority of the boards of education of such local
school
districts approve such apportionment. The state board of
education shall initiate and supervise the procedure by which the
local boards shall approve or disapprove such apportionment.
The amounts so apportioned shall be certified to the
treasurers of the various school districts. In the case of each
district such amount shall be deducted by the state board of
education from funds allocated to the district pursuant to
division (E) of section 3317.023 of the Revised Code.
The state board of education shall certify to the director
of
budget and management for payment the total of the deductions,
whereupon the amount shall be paid to the governing board
of each
service center, to be
deposited to the credit of a
separate fund,
hereby created, to be known as the educational
service center
governing board fund.
An educational service center may provide special
education
to students
in its local districts or in client districts. A
service center is
eligible for funding under division
(J) of
section 3317.024 of
the Revised Code and eligible for state
subsidies for the purchase of school buses under section 3317.07
of the Revised Code. Special education units for gifted
children
may be operated by a governing board. Vocational education may be
provided by a governing board. A
governing board may conduct
driver education for pupils
enrolled in a high school
in
accordance with Chapter 4508. of the Revised Code.
Every local school district shall be provided supervisory
services by its governing board as approved by the
state board of
education. A city or exempted village school
district shall be
considered to be provided supervisory services
by a governing
board if it has
entered into an agreement for the governing board
to
provide any services under section 3313.843 of the Revised
Code. Supervisory
services shall
not exceed one supervisory
teacher for the first fifty classroom
teachers employed in all
districts that are provided supervisory
services calculated under
section 3317.023 of the Revised Code
and one supervisory teacher
for every additional one hundred such
classroom teachers so
calculated. Reimbursement for such
supervisory services shall be
a deduction by the state board of
education from the payment to
the school district pursuant to
division (E) of section 3317.023
of the Revised Code. Deductions for all
supervisory services and
extended services for
supervisory and child study shall be
apportioned among local school districts within the territory of
the service
center and any city or exempted village districts that
have
entered into agreements with a service center pursuant to
section 3313.843 of the Revised Code by the state board of
education on the basis of the total number of pupils in each
school district, except that where such services are provided to
districts other than local school districts within the
service
center territory and city or exempted village districts having
agreements with the service center, such charges shall be
apportioned among
all participating districts on the basis of the
total number of
pupils in each school district. All deductions
from state
funding to school districts required for reimbursement
of
governing boards by division (E) of section 3317.023 of the
Revised Code shall be made from the total of the payment computed
for the
district
under this
chapter, after
making any other
adjustments in that payment required by law.
(B)(1) In addition to the payments made under division (A)
of
this section, except as otherwise provided in division
(C) of
this
section, the department of education shall pay each governing
board
thirty-seven dollars times
the sum of the
service
center
ADM and the sum of
the client ADMs of all its client
districts
in
fiscal
years 2002
and, 2003, and 2004.
(2) In addition to other payments under this section, the
department shall pay each educational service center the amounts
due to it
from school districts pursuant to contracts, compacts,
or agreements under
which the service center furnishes services to
the districts or their
students. In order to receive payment
under this division, an educational
service center shall furnish
either a copy of the applicable contract,
compact, or agreement
clearly indicating the amounts of the payments, or a
written
statement of the payments owed signed by the superintendent or
treasurer of the responsible school district.
The amounts paid to service centers under division (B)(2) of
this
section shall be deducted from payments to school districts
pursuant to
division (K)(2) of section 3317.023 of the Revised
Code.
(C) Each multicounty service center shall receive
a payment
each fiscal year
equal to forty dollars and
fifty-two cents times
the sum of the service center ADM
and the client ADMs of all its
client districts.
(D) Each city, exempted village, local, joint vocational,
or
cooperative education school district shall
pay to the governing
board of an educational service center any amounts agreed
to for
each child enrolled in the district who receives special education
and
related services or vocational education from the educational
service center.
(E) As used in this section:
(1)
"Service center ADM" means the
total of each of the
following for all local school districts within the
limits of an
educational service center's territory:
(b) The kindergarten average daily
membership included in
the formula ADM;
(c) Three-quarters of the number of students reported under
division (B)(4)
of section 3317.03 of the Revised Code;
(d) The average daily membership of handicapped
preschool
children reported under division
(B)(2) of section 3317.03 of the
Revised Code;
(e) The number of preschool students certified under
division (B) of section 3317.032 of the Revised Code.
(2)
"Client ADM" means the total of
each number described
under divisions (E)(1)(a) to
(e) of this section for a client
district.
(3)
"Client district" means a city or exempted village
school
district
that has entered into an agreement to receive
services
from a service center
pursuant to section 3313.843 of the
Revised
Code.
(4)
"Multicounty service center" means a service center that
includes
territory that formerly was included in the territory of
at least three former
service centers or county school districts,
which former centers or districts
engaged in one or more mergers
pursuant to section 3311.053 of the
Revised Code to form the
present center.
Sec. 3317.16. (A) As used in this section:
(1) "State share percentage" means the percentage calculated
for a
joint vocational school district as follows:
(a) Calculate the state base cost funding amount for the
district
under
division (B) of this section. If the district
would not receive
any base cost funding for that year under that
division, the district's state
share percentage is zero.
(b) If the district would receive base cost funding under
that
division,
divide that base cost amount by an amount equal to
the following:
cost-of-doing-business factor Xthe formula amount Xthe greater of formula ADM orthree-year average formula ADMThe resultant number is the district's state share
percentage.
(2) The "total special education weight" for a joint
vocational
school district shall be calculated in the same manner
as prescribed in
division (B)(1) of section 3317.022 of the
Revised
Code.
(3) The "total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as
prescribed in division (B)(4) of section 3317.022 of the
Revised Code.
(4) The "total
recognized valuation"
of a joint vocational
school district shall be determined by
adding the
recognized
valuations of
all its constituent school districts for the
applicable fiscal
year.
(5) "Resident district" means the city, local, or exempted village school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(6) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the
fiscal year in accordance with the following formula:
(cost-of-doing-business factor Xformula amount X the greater of formulaADM or three-year average formula ADM) -(.0005 X
total
recognized valuation)If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational
school district in accordance with the following
formula:
state share percentage X formula amount Xtotal vocational education weight(2) The department shall compute for each joint
vocational
school district state funds for vocational education
associated
services costs in accordance with the following
formula:
state share percentage X .05 Xthe formula amount X the sum ofcategories one and two vocationaleducation ADMIn any fiscal year, a joint vocational school district
receiving
funds under division (C)(2) of this section, or through
a
transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, shall spend those
funds only for the purposes
that the department designates as
approved for vocational
education associated services expenses,
which may include such
purposes as apprenticeship coordinators,
coordinators for other
vocational education services, vocational
evaluation, and other
purposes designated by the department. The
department may deny
payment under division (C)(2) of this section to
any district that
the department determines is not operating those services or
is
using funds paid under division (C)(2) of this section,
or through
a transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, for other purposes.
(D)(1) The department shall compute and distribute state
special
education and related services additional weighted costs
funds to each joint
vocational school district in accordance with
the
following formula:
state share percentage X formula amount X
total special education weight(2)(a) As used in this division, the "personnel allowance"
means
thirty
thousand
dollars in fiscal
years 2002 and, 2003, and 2004.
(b) For the provision of speech services to students,
including students
who do not have individualized education
programs prepared for
them under Chapter 3323. of the Revised
Code, and for
no
other purpose, the department shall pay each
joint vocational
school district
an amount calculated
under the
following formula:
(formula ADM divided by 2000) X the personnelallowance X state share percentage
(3) In any fiscal year, a joint vocational school district shall spend for purposes that the department designates as approved for special education and related services expenses at least the amount calculated as follows:
(cost-of-doing-business factor X
formula amount X the sum of categories
one throughsix special education ADM) +(total special education weight X formula amount)
The purposes approved by the department for special education expenses shall include, but shall not be limited to, compliance with state rules governing the education of handicapped children, providing services identified in a student's individualized education program as defined in section 3323.01 of the Revised Code, and the portion of the district's overall administrative and overhead costs that are attributable to the district's special education student population.
The department shall require joint vocational school districts to report data annually to allow for monitoring compliance with division (D)(3) of this section. The department shall annually report to the governor and the general assembly the amount of money spent by each joint vocational school district for special education and related services.
(E)(2)(1) If a joint vocational school
district's costs for a
fiscal year for a student in its
categories one
two through six
special education
ADM
exceed the
threshold catastrophic cost for
serving the
student, as specified
in division (C)(3)(b) of section
3317.022 of
the Revised Code, the district may
submit to the
superintendent of
public
instruction
documentation,
as
prescribed
by the
superintendent, of
all of its costs for that
student. Upon
submission of
documentation for a student of the
type and in the
manner
prescribed, the department shall pay to the
district an
amount
equal to the
sum of the following:
(a) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(b) The product of one-half of the district's costs for the
student
in excess of
the threshold
catastrophic cost multiplied
by
the
district's state
share
percentage.
(2) The district shall only report
under division (E)(1) of
this section, and the department shall only
pay
for, the
costs of
educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(F) Each fiscal year, the department shall pay each joint
vocational school district an amount for adult technical and
vocational
education and
specialized consultants.
(G)(1) A joint vocational school district's local share of
special
education and related services additional weighted costs
equals:
(1 - state share percentage) X
Total special education weight Xthe formula amount
(2) For each handicapped student receiving special education and related services under an individualized education program, as defined in section 3323.01 of the Revised Code, at a joint vocational district, the resident district or, if the student is enrolled in a community school, the community school shall be responsible for the amount of any costs of providing those special education and related services to that student that exceed the sum of the amount calculated for those services attributable to that student under divisions (B), (D), (E), and (G)(1) of this section.
Those excess costs shall be calculated by subtracting the sum of the following from the actual cost to provide special education and related services to the student:
(a) The product of the formula amount times the cost-of-doing-business factor;
(b) The product of the formula amount times the applicable multiple specified in section 3317.013 of the Revised Code;
(c) Any funds paid under division (E) of this section for the student;
(d) Any other funds received by the joint vocational school district under this chapter to provide special education and related services to the student, not including the amount calculated under division (G)(2) of this section.
(3) The board of education of the joint vocational school district shall report the excess costs calculated under division (G)(2) of this section to the department of education.
(4) The department shall pay the amount of excess cost calculated under division (G)(2) of this section to the joint vocational school district and shall deduct that amount as provided in division (G)(4)(a) or (b) of this section, as applicable:
(a) If the student is not enrolled in a community school, the department shall deduct the amount from the account of the student's resident district pursuant to division (M) of section 3317.023 of the Revised Code.
(b) If the student is enrolled in a community school, the department shall deduct the amount from the account of the community school pursuant to section 3314.083 of the Revised Code.
(H) In any fiscal year, if the total of all payments made to
a
joint vocational school district under divisions (B) to (D)
of
this section and division (R) of section 3317.024 of the Revised
Code is
less
than the amount that
district received in fiscal year
1999 under the version of this section in
effect that year, plus
the amount that district received under the version of
section
3317.162 of the Revised Code in effect that year and minus the
amounts received that
year for driver education and adult
education, the department shall pay the
district an additional
amount equal to the difference between those two
amounts.
Sec. 3317.50. The Ohio schoolnet telecommunity education fund is hereby
created in the state treasury. The fund shall consist of certain excess local
exchange telephone company contributions transferred from the reserve fund of
the Ohio telecommunications advisory board pursuant to an agreement
between the public utilities commission of Ohio and the Ohio
department of education. The fund shall be used to finance
technology grants to state-chartered elementary and secondary
schools. Investment earnings of the fund shall be credited to
the fund.
Sec. 3317.51. (A) The distance learning fund is hereby created
in the state treasury. The fund shall consist of moneys paid to the
Ohio SchoolNet commission department of education by any telephone company as a part of a
settlement agreement between such company and the public utilities commission
in fiscal year 1995 in part to establish distance learning throughout the
state. The authority department shall administer the fund and expend
moneys from it to finance technology grants to eligible schools chartered by
the state board of education to
establish distance learning in those schools. Chartered schools are eligible
for funds if they are within the service area of the telephone company.
Investment earnings of the fund shall be credited to the fund.
(B) For purposes of this section, "distance learning" means the
creation of a learning environment involving a school setting and at least one
other location outside of the school which allows for information available at
one site to be accessed at the other through the use of such educational
applications as one-way or two-way transmission of data, voice, and video,
singularly or in appropriate combinations.
Sec. 3319.22. (A) The state board of education shall adopt
rules
establishing the standards and requirements for obtaining
temporary,
associate, provisional, and professional educator
licenses of any categories,
types, and levels the board elects to
provide. However, no educator license
shall be required for
teaching children two years old or younger.
(B) Any rules the state board of education adopts, amends,
or rescinds for
educator licenses under this section, division (D)
of section 3301.07 of the
Revised Code, or any other law shall be
adopted, amended, or rescinded under
Chapter 119. of the Revised
Code
except as follows:
(1) Notwithstanding division (D) of
section 119.03 and
division (A)(1) of section
119.04 of the Revised Code, the
effective date of any rules, or
amendment or rescission of any
rules, shall not be as prescribed in division
(D) of section
119.03 and division (A)(1) of section 119.04 of the
Revised Code.
Instead, the
effective date
shall be
the date prescribed
by
section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or
rescind emergency
rules in division (F) of section 119.03 of the
Revised Code,
this authority shall not apply to the state board of
education with regard to
rules for educator licenses.
(C)(1) The rules adopted under this section establishing
standards requiring
additional coursework for the renewal of any
educator license shall require a
school district and a chartered
nonpublic school to establish local
professional development
committees. In a nonpublic school, the chief
administrative
officer shall establish the committees in any manner acceptable
to
such officer. The committees established under this division
shall
determine whether coursework that a district or chartered
nonpublic school
teacher proposes to complete meets the
requirement of the rules. The rules
shall establish a procedure
by which a teacher may appeal the decision of a
local professional
development committee.
(2) In any school district in which there is no exclusive
representative
established under Chapter 4117. of the Revised
Code, the professional
development committees shall be established
as described in division (C)(2) of
this section.
Not later than the effective date of the rules adopted under
this section, the
board of education of each school district shall
establish the structure for
one or more local professional
development committees to be operated by such
school district.
The
committee structure so established by a district board
shall
remain in effect unless within thirty days prior to an anniversary
of
the date upon which the current committee structure was
established, the board
provides notice to all affected district
employees that the committee
structure is to be modified.
Professional development committees may have a
district-level or
building-level scope of operations, and may be
established
with
regard to particular grade or age levels for which an educator
license is
designated.
Each professional development committee shall consist of at
least three
classroom teachers employed by the district, one
principal employed by the
district, and one other employee of the
district appointed by the district
superintendent. For committees
with a building-level scope, the
teacher and
principal members
shall be assigned to that building, and the teacher members
shall
be elected by majority vote of the classroom teachers assigned to
that
building. For committees with a district-level scope, the
teacher
members
shall be elected by majority vote of the classroom
teachers of the district,
and the principal member shall be
elected by a majority vote of the principals
of the district,
unless there are two or fewer principals employed by the
district,
in which case the one or two principals employed shall serve on
the
committee. If a committee has a particular grade or age level
scope, the
teacher members shall be licensed to teach such grade
or age levels, and shall
be elected by majority vote of the
classroom teachers holding such a license
and the principal shall
be elected by all principals serving in buildings
where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development
committee, except in the case of vacancies among the
elected classroom teacher
members, which shall be filled by vote
of the remaining members of the
committee so selected.
Terms of office on professional development committees shall
be prescribed by
the district board establishing the committees.
The conduct of elections for
members of professional development
committees shall be prescribed by the
district board establishing
the committees. A professional development
committee may include
additional members, except that the majority of members
on each
such committee shall be classroom teachers employed by the
district.
Any member appointed to fill a vacancy occurring prior
to the expiration date
of the term for which a predecessor was
appointed shall hold office as a
member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election
and appointment of all committee members,
shall be called by a member
designated by the district
superintendent. At this initial meeting, the
committee shall
select a chairperson and such other officers the committee
deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon
the filing of a petition with the district
superintendent signed by a majority
of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has
been established pursuant to Chapter 4117. of
the Revised Code, professional
development committees shall be
established in accordance with any collective
bargaining agreement
in effect in the district that includes provisions for
such
committees.
If the collective bargaining agreement does not specify a
different method for
the selection of teacher members of the
committees, the exclusive
representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure
for the committees, the board of education of
the school district shall
establish the structure, including the
number of committees and the number of
teacher and administrative
members on each committee; the specific
administrative members to
be part of each committee; whether the scope of the
committees
will be district levels, building levels, or by
type of grade or
age
levels for which educator licenses are designated; the lengths
of terms for
members; the manner of filling vacancies on the
committees; and the frequency
and time and place of meetings.
However, in all cases, except as
provided in division (C)(4) of
this section, there shall be a
majority of teacher members of any
professional development committee, there
shall be at least five
total members of any professional development
committee, and the
exclusive representative shall designate replacement
members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such
replacements.
(4) Whenever an
administrator's coursework plan is being
discussed or voted
upon, the local professional development
committee shall, at the
request of one of its administrative
members, cause a majority
of the committee to consist of
administrative members by
reducing the number of teacher members
voting on the
plan.
(D)(1) The department of education, educational service
centers,
county boards of mental retardation and developmental
disabilities, regional professional development centers, special
education regional resource centers, college and university
departments of education, head start programs, the Ohio SchoolNet
commission, and the Ohio education computer network may establish
local professional development committees to determine whether the
coursework
proposed by their
employees who are licensed or
certificated under this section or section
3319.222 of the Revised
Code meet the requirements of the
rules adopted under this
section. They may establish local professional
development
committees on their own or in
collaboration with a school district
or other agency having authority to
establish them.
Local professional development committees established by
county
boards of mental retardation and developmental disabilities
shall be
structured in a manner comparable to the structures
prescribed for
school districts in divisions (C)(2) and (3) of
this section, as
shall the committees established by any other
entity specified in
division (D)(1) of this section that provides
educational
services by employing or contracting for services of
classroom teachers
licensed or
certificated under this section or
section 3319.222 of the Revised
Code. All other entities
specified in division (D)(1) of this
section shall structure their
committees in accordance with guidelines
which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(D)(1) of
this section but provides educational services and
employs or
contracts for services of classroom teachers licensed
or
certificated under this section or section 3319.222 of the
Revised
Code may establish a local professional development
committee,
subject to the approval of the department of education.
The committee shall
be structured in
accordance with guidelines
issued by the state board.
Sec. 3319.235. (A) The standards for the preparation of teachers adopted
under section 3319.23 of the Revised Code shall require any institution that
provides a course of study for the training of teachers to ensure that
graduates of such course of study are skilled at integrating educational
technology in the instruction of children, as evidenced by the graduate having
either demonstrated proficiency in such skills in a manner prescribed by the
department of education or completed a course that includes training in such
skills.
(B) The Ohio SchoolNet commission,
established pursuant to section 3301.80 of the Revised Code, department shall
establish model professional development programs to assist teachers who
completed their
teacher preparation prior to the effective date of division (A) of
this section to become skilled at integrating educational technology in the
instruction of children. The commission department shall provide
technical assistance to
school districts wishing to establish such programs.
Sec. 3323.16. No unit for deaf children shall be disapproved for funding
under division (B) or (D)(1) of section
3317.05 of the Revised Code on the basis of the
methods of instruction used in educational programs in the school district or
institution to teach deaf children to communicate, and no preference in
approving units for funding shall be given by the state board for teaching
deaf children by the oral, manual, total communication, or other method of
instruction.
Sec. 3332.04. The state board of
career colleges and schools may appoint
an executive
director and such other staff as may be required for the
performance of the board's duties and provide necessary
facilities. In
selecting an executive director, the board shall
appoint an individual with a
background or experience in the
regulation of commerce, business, or
education. The board may
also arrange for services and facilities to be
provided by the
state board of education and the Ohio board of regents. All
receipts of the board shall be deposited in the state treasury to
the credit
of the general revenue occupational licensing and regulatory fund.
Sec. 3333.12. (A) As used in this section:
(1)
"Eligible student" means an undergraduate student who
is:
(b) Enrolled in either of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization from the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code,
has a
certificate
of registration from the state board of
career colleges and schools and program authorization
to award an
associate or
bachelor's degree, or is a private
institution exempt
from
regulation under Chapter 3332. of the
Revised Code as
prescribed
in section 3333.046 of the Revised
Code. Students who
attend an
institution that holds a certificate
of registration
shall be
enrolled in a program leading to an
associate or
bachelor's
degree
for which associate or bachelor's
degree program
the
institution
has program authorization issued
under section
3332.05 of the
Revised Code.
(ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964.
(c) Enrolled as a full-time student or enrolled as a less
than full-time student for the term expected to be the
student's
final term
of enrollment and is enrolled for the number of credit
hours
necessary to complete the requirements of the program in
which
the student is enrolled.
(2)
"Gross income" includes all taxable and nontaxable
income
of the parents, the student, and the student's spouse,
except
income derived from an Ohio academic scholarship,
income
earned by
the student between the last day of the spring
term and
the first
day of the fall term,
and other income exclusions
designated by
the board. Gross income
may be verified to the
board by the
institution in which the student is
enrolled using
the federal
financial aid eligibility verification
process
or by
other means
satisfactory to the board.
(3)
"Resident,"
"full-time student,"
"dependent,"
"financially independent," and
"accredited" shall be defined by
rules adopted by the board.
(B) The Ohio board of regents shall establish and
administer
an instructional grant program and may adopt rules to
carry out
this section. The general assembly shall support the
instructional grant program by such sums and in such manner as it
may provide, but the board may also receive funds from other
sources to support the program. If the amounts available for
support of the program are inadequate to provide grants to all
eligible students, preference in the payment of grants shall be
given in terms of income, beginning with the lowest income
category of gross income and proceeding upward by category to the
highest gross income category.
An instructional grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except
that no
instructional grant shall be paid to any person serving a
term of
imprisonment. Applications for
such grants shall be made
as prescribed by the board, and
such applications may be made in
conjunction with and upon the
basis of information provided in
conjunction with student
assistance programs funded by agencies of
the United States
government or from financial resources of the
institution of
higher education. The institution shall certify
that the student
applicant meets the requirements set forth in
divisions (A)(1)(b)
and (c) of this section. Instructional grants
shall be provided
to an eligible student only as long as the
student is making
appropriate progress toward a nursing diploma or
an associate or
bachelor's degree. No
student shall be eligible
to receive a grant for more than ten
semesters, fifteen quarters,
or the equivalent of five academic
years. A grant made to an
eligible student on the basis of less
than full-time enrollment
shall be based on the number of credit
hours for which the student
is enrolled and shall be computed in
accordance with a formula
adopted by the board. No student
shall receive more than one
grant on the basis of less than
full-time enrollment.
An instructional grant shall not exceed the total
instructional and general charges of the institution.
(C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section.
For a full-time student who is a dependent and
enrolled in a
nonprofit educational institution that is not a
state-assisted
institution and that has a certificate of
authorization issued
pursuant to Chapter 1713. of the Revised
Code, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year
shall be determined in
accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
$15,001 - $16,000 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
|
5,466 |
$16,001 - $17,000 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
$17,001 - $18,000 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
$18,001 - $19,000 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
$19,001 - $22,000 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
$22,001 - $25,000 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
$25,001 - $28,000 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
$28,001 - $31,000 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
$31,001 - $32,000 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
$32,001 - $33,000 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
$33,001 - $34,000 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
$34,001 - $35,000 |
|
444 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
$35,001 - $36,000 |
|
-- |
|
444 |
|
888 |
|
984 |
|
1,080 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
444 |
|
888 |
|
984 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
444 |
|
888 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
444 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for
two semesters,
three quarters, or a comparable portion of
the academic year
shall
be determined in accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
$5,466 |
|
$5,466 |
|
$5,466 |
$5,466 |
$5,466 |
|
$5,466 |
$4,801 - $5,300 |
4,920 |
|
5,466 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,301 - $5,800 |
4,362 |
|
4,920 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
|
|
|
5,196 |
|
|
|
|
|
|
$5,801 - $6,300 |
3,828 |
|
4,362 |
|
4,920 |
5,466 |
5,466 |
|
5,466 |
|
|
|
4,914 |
|
5,196 |
|
|
|
|
$6,301 - $6,800 |
3,288 |
|
3,828 |
|
4,362 |
4,920 |
5,466 |
|
5,466 |
|
|
|
4,650 |
|
4,914 |
5,196 |
|
|
|
$6,801 - $7,300 |
2,736 |
|
3,288 |
|
3,828 |
4,362 |
4,920 |
|
5,466 |
|
|
|
4,380 |
|
4,650 |
4,914 |
5,196 |
|
|
$7,301 - $8,300 |
2,178 |
|
2,736 |
|
3,288 |
3,828 |
4,362 |
|
4,920 |
|
|
|
4,104 |
|
4,380 |
4,650 |
4,914 |
|
5,196 |
$8,301 - $9,300 |
1,626 |
|
2,178 |
|
2,736 |
3,288 |
3,828 |
|
4,362 |
|
|
|
3,822 |
|
4,104 |
4,380 |
4,650 |
|
4,914 |
$9,301 - $10,300 |
1,344 |
|
1,626 |
|
2,178 |
2,736 |
3,288 |
|
3,828 |
|
|
|
3,546 |
|
3,822 |
4,104 |
4,380 |
|
4,650 |
$10,301 - $11,800 |
1,080 |
|
1,344 |
|
1,626 |
2,178 |
2,736 |
|
3,288 |
|
|
|
3,408 |
|
3,546 |
3,822 |
4,104 |
|
4,380 |
$11,801 - $13,300 |
984 |
|
1,080 |
|
1,344 |
1,626 |
2,178 |
|
2,736 |
|
|
|
3,276 |
|
3,408 |
3,546 |
3,822 |
|
4,104 |
$13,301 - $14,800 |
888 |
|
984 |
|
1,080 |
1,344 |
1,626 |
|
2,178 |
|
|
|
3,228 |
|
3,276 |
3,408 |
3,546 |
|
3,822 |
$14,801 - $16,300 |
444 |
|
888 |
|
984 |
1,080 |
1,344 |
|
1,626 |
|
|
|
2,904 |
|
3,228 |
3,276 |
3,408 |
|
3,546 |
$16,301 - $19,300 |
-- |
|
444 |
|
888 |
984 |
1,080 |
|
1,344 |
|
|
|
2,136 |
|
2,628 |
2,952 |
3,276 |
|
3,408 |
$19,301 - $22,300 |
-- |
|
-- |
|
444 |
888 |
984 |
|
1,080 |
|
|
|
1,368 |
|
1,866 |
2,358 |
2,676 |
|
3,000 |
$22,301 - $25,300 |
-- |
|
-- |
|
-- |
444 |
888 |
|
984 |
|
|
|
1,092 |
|
1,368 |
1,866 |
2,358 |
|
2,676 |
$25,301 - $30,300 |
-- |
|
-- |
|
-- |
-- |
444 |
|
888 |
|
|
|
816 |
|
1,092 |
1,368 |
1,866 |
|
2,358 |
$30,301 - $35,300 |
-- |
|
-- |
|
-- |
-- |
-- |
|
444 |
|
|
|
492 |
|
540 |
672 |
816 |
|
1,314 |
For a full-time student who is a dependent and enrolled in
an
educational institution that holds a certificate of
registration
from the state board of
career
colleges and schools
or a
private institution exempt from
regulation under Chapter 3332. of
the Revised Code as prescribed
in section 3333.046 of the Revised
Code, the
amount of the
instructional grant for
two semesters,
three
quarters, or a
comparable portion of
the academic year shall
be
determined in
accordance with the
following table:
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
$15,001 - $16,000 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
|
4,632 |
$16,001 - $17,000 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
$17,001 - $18,000 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
$18,001 - $19,000 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
$19,001 - $22,000 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
$22,001 - $25,000 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
$25,001 - $28,000 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
$28,001 - $31,000 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
$31,001 - $32,000 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
$32,001 - $33,000 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
$33,001 - $34,000 |
|
750 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
$34,001 - $35,000 |
|
372 |
|
750 |
|
852 |
|
906 |
|
1,134 |
$35,001 - $36,000 |
|
-- |
|
372 |
|
750 |
|
852 |
|
906 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
372 |
|
750 |
|
852 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
372 |
|
750 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
372 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate
of
registration from the state board of
career colleges and schools
or a private institution
exempt from regulation under
Chapter 3332. of the Revised Code as
prescribed in section
3333.046 of the Revised Code, the amount of
the instructional
grant for
two
semesters, three quarters, or a
comparable portion
of
the academic
year shall be determined in
accordance with the
following table:
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
$4,632 |
|
$4,632 |
|
$4,632 |
$4,632 |
$4,632 |
|
$4,632 |
$4,801 - $5,300 |
4,182 |
|
4,632 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,301 - $5,800 |
3,684 |
|
4,182 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
|
|
|
4,410 |
|
|
|
|
|
|
$5,801 - $6,300 |
3,222 |
|
3,684 |
|
4,182 |
4,632 |
4,632 |
|
4,632 |
|
|
|
4,158 |
|
4,410 |
|
|
|
|
$6,301 - $6,800 |
2,790 |
|
3,222 |
|
3,684 |
4,182 |
4,632 |
|
4,632 |
|
|
|
3,930 |
|
4,158 |
4,410 |
|
|
|
$6,801 - $7,300 |
2,292 |
|
2,790 |
|
3,222 |
3,684 |
4,182 |
|
4,632 |
|
|
|
3,714 |
|
3,930 |
4,158 |
4,410 |
|
|
$7,301 - $8,300 |
1,854 |
|
2,292 |
|
2,790 |
3,222 |
3,684 |
|
4,182 |
|
|
|
3,462 |
|
3,714 |
3,930 |
4,158 |
|
4,410 |
$8,301 - $9,300 |
1,416 |
|
1,854 |
|
2,292 |
2,790 |
3,222 |
|
3,684 |
|
|
|
3,246 |
|
3,462 |
3,714 |
3,930 |
|
4,158 |
$9,301 - $10,300 |
1,134 |
|
1,416 |
|
1,854 |
2,292 |
2,790 |
|
3,222 |
|
|
|
3,024 |
|
3,246 |
3,462 |
3,714 |
|
3,930 |
$10,301 - $11,800 |
906 |
|
1,134 |
|
1,416 |
1,854 |
2,292 |
|
2,790 |
|
|
|
2,886 |
|
3,024 |
3,246 |
3,462 |
|
3,714 |
$11,801 - $13,300 |
852 |
|
906 |
|
1,134 |
1,416 |
1,854 |
|
2,292 |
|
|
|
2,772 |
|
2,886 |
3,024 |
3,246 |
|
3,462 |
$13,301 - $14,800 |
750 |
|
852 |
|
906 |
1,134 |
1,416 |
|
1,854 |
|
|
|
2,742 |
|
2,772 |
2,886 |
3,024 |
|
3,246 |
$14,801 - $16,300 |
372 |
|
750 |
|
852 |
906 |
1,134 |
|
1,416 |
|
|
|
2,466 |
|
2,742 |
2,772 |
2,886 |
|
3,024 |
$16,301 - $19,300 |
-- |
|
372 |
|
750 |
852 |
906 |
|
1,134 |
|
|
|
1,800 |
|
2,220 |
2,520 |
2,772 |
|
2,886 |
$19,301 - $22,300 |
-- |
|
-- |
|
372 |
750 |
852 |
|
906 |
|
|
|
1,146 |
|
1,584 |
1,986 |
2,268 |
|
2,544 |
$22,301 - $25,300 |
-- |
|
-- |
|
-- |
372 |
750 |
|
852 |
|
|
|
930 |
|
1,146 |
1,584 |
1,986 |
|
2,268 |
$25,301 - $30,300 |
-- |
|
-- |
|
-- |
-- |
372 |
|
750 |
|
|
|
708 |
|
930 |
1,146 |
1,584 |
|
1,986 |
$30,301 - $35,300 |
-- |
|
-- |
|
-- |
-- |
-- |
|
372 |
|
|
|
426 |
|
456 |
570 |
708 |
|
1,116 |
For a full-time student who is a dependent and enrolled in
a
state-assisted educational institution, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$15,001 - $16,000 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
|
2,190 |
$16,001 - $17,000 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
$17,001 - $18,000 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
$18,001 - $19,000 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
$19,001 - $22,000 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
$22,001 - $25,000 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
$25,001 - $28,000 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
$28,001 - $31,000 |
|
522 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
$31,001 - $32,000 |
|
420 |
|
522 |
|
648 |
|
864 |
|
1,080 |
$32,001 - $33,000 |
|
384 |
|
420 |
|
522 |
|
648 |
|
864 |
$33,001 - $34,000 |
|
354 |
|
384 |
|
420 |
|
522 |
|
648 |
$34,001 - $35,000 |
|
174 |
|
354 |
|
384 |
|
420 |
|
522 |
$35,001 - $36,000 |
|
-- |
|
174 |
|
354 |
|
384 |
|
420 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
174 |
|
354 |
|
384 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
174 |
|
354 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
174 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be
determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$2,190 |
$2,190 |
|
$2,190 |
$4,801 - $5,300 |
|
1,974 |
|
2,190 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,301 - $5,800 |
|
1,740 |
|
1,974 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
|
|
|
|
2,082 |
|
|
|
|
|
|
$5,801 - $6,300 |
|
1,542 |
|
1,740 |
|
1,974 |
2,190 |
2,190 |
|
2,190 |
|
|
|
|
1,968 |
|
2,082 |
|
|
|
|
$6,301 - $6,800 |
|
1,320 |
|
1,542 |
|
1,740 |
1,974 |
2,190 |
|
2,190 |
|
|
|
|
1,866 |
|
1,968 |
2,082 |
|
|
|
$6,801 - $7,300 |
|
1,080 |
|
1,320 |
|
1,542 |
1,740 |
1,974 |
|
2,190 |
|
|
|
|
1,758 |
|
1,866 |
1,968 |
2,082 |
|
|
$7,301 - $8,300 |
|
864 |
|
1,080 |
|
1,320 |
1,542 |
1,740 |
|
1,974 |
|
|
|
|
1,638 |
|
1,758 |
1,866 |
1,968 |
|
2,082 |
$8,301 - $9,300 |
|
648 |
|
864 |
|
1,080 |
1,320 |
1,542 |
|
1,740 |
|
|
|
|
1,530 |
|
1,638 |
1,758 |
1,866 |
|
1,968 |
$9,301 - $10,300 |
|
522 |
|
648 |
|
864 |
1,080 |
1,320 |
|
1,542 |
|
|
|
|
1,422 |
|
1,530 |
1,638 |
1,758 |
|
1,866 |
$10,301 - $11,800 |
|
420 |
|
522 |
|
648 |
864 |
1,080 |
|
1,320 |
|
|
|
|
1,356 |
|
1,422 |
1,530 |
1,638 |
|
1,758 |
$11,801 - $13,300 |
|
384 |
|
420 |
|
522 |
648 |
864 |
|
1,080 |
|
|
|
|
1,308 |
|
1,356 |
1,422 |
1,530 |
|
1,638 |
$13,301 - $14,800 |
|
354 |
|
384 |
|
420 |
522 |
648 |
|
864 |
|
|
|
|
1,290 |
|
1,308 |
1,356 |
1,422 |
|
1,530 |
$14,801 - $16,300 |
|
174 |
|
354 |
|
384 |
420 |
522 |
|
648 |
|
|
|
|
1,164 |
|
1,290 |
1,308 |
1,356 |
|
1,422 |
$16,301 - $19,300 |
|
-- |
|
174 |
|
354 |
384 |
420 |
|
522 |
|
|
|
|
858 |
|
1,050 |
1,182 |
1,308 |
|
1,356 |
$19,301 - $22,300 |
|
-- |
|
-- |
|
174 |
354 |
384 |
|
420 |
|
|
|
|
540 |
|
750 |
948 |
1,062 |
|
1,200 |
$22,301 - $25,300 |
|
-- |
|
-- |
|
-- |
174 |
354 |
|
384 |
|
|
|
|
432 |
|
540 |
750 |
948 |
|
1,062 |
$25,301 - $30,300 |
|
-- |
|
-- |
|
-- |
-- |
174 |
|
354 |
|
|
|
|
324 |
|
432 |
540 |
750 |
|
948 |
$30,301 - $35,300 |
|
-- |
|
-- |
|
-- |
-- |
-- |
|
174 |
|
|
|
|
192 |
|
210 |
264 |
324 |
|
522 |
(D) For a full-time student enrolled in an eligible
institution for a semester or quarter in addition to the portion
of the
academic year covered by a grant determined under division
(C) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed in the applicable table of
that division. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount prescribed under that division.
(E) No grant shall be made to any student in a course of
study in theology, religion, or other field of preparation for a
religious profession unless such course of study leads to an
accredited bachelor of arts, bachelor of science, associate of
arts, or associate of science degree.
(F)(1) Except as provided in division (F)(2) of this
section, no grant shall be made to any student for enrollment
during a fiscal year in an institution with a
cohort default rate
determined by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years.
(2) Division (F)(1) of this section does not apply to the
following:
(a) Any student enrolled in an institution that under the
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
cohort default rate after recalculation is lower than the rate
specified
in division (F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may
continue to
participate in federal financial aid programs. The
board
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board.
(b) Any student who has previously received a grant under
this section who meets all other requirements of this section.
(3) The board shall adopt rules for the notification
of all
institutions whose students will be ineligible to
participate in
the grant program pursuant to division
(F)(1) of this section.
(4) A student's attendance at an institution whose
students
lose eligibility for grants under division (F)(1)
of this section
shall not affect that student's eligibility to
receive a grant
when enrolled in another institution.
(G) Institutions of higher education that enroll students
receiving instructional grants under this section shall report to
the board all students who have received instructional
grants but
are no longer eligible for all or part of such grants
and shall
refund any moneys due the state within thirty days
after the
beginning of the quarter or term immediately following
the quarter
or term in which the student was no longer eligible
to receive all
or part of the student's grant. There shall
be an interest
charge
of one per cent per month on all moneys due and payable
after such
thirty-day period. The board shall immediately
notify the office
of budget and management and
the
legislative service commission
of all
refunds so received.
Sec. 3383.01. As used in this chapter:
(A)
"Arts" means any of the following:
(1) Visual, musical, dramatic, graphic,
design, and
other
arts,
including, but
not limited to, architecture,
dance,
literature,
motion pictures, music, painting, photography,
sculpture, and
theater, and the provision of training or education
in these arts;
(2) The presentation or making available, in
museums or
other indoor or outdoor facilities, of principles of
science and
their development, use, or application in business,
industry, or
commerce or of the history, heritage, development,
presentation,
and uses of the arts
described in division (A)(1)
of this section
and of
transportation;
(3) The preservation, presentation, or making available of
features of
archaeological, architectural, environmental, or
historical interest or significance in a state historical facility
or a
local historical facility.
(B)
"Arts organization" means either of the following:
(1) A governmental agency or Ohio nonprofit corporation
that
provides programs or activities in areas directly concerned
with
the arts;
(2) A regional arts and cultural district as defined in
section 3381.01 of the Revised Code.
(C)
"Arts project" means all or any portion of an
Ohio arts
facility for which the general assembly has specifically
authorized the spending of money, or made an appropriation,
pursuant to division (D)(3)
or (E) of section 3383.07 of the
Revised Code.
(D)
"Cooperative contract" means a contract between the Ohio
arts and sports facilities commission and an arts organization
providing the terms and conditions of the cooperative use of an
Ohio arts facility.
(E)
"Costs of operation" means amounts required to manage an
Ohio arts facility that are incurred
following the completion of
construction of its arts project, provided
that both of the
following apply:
(1) Those amounts either:
(a) Have been committed to a fund dedicated to that purpose;
(b) Equal the principal of any endowment fund, the income
from
which is dedicated to that purpose.
(2) The commission and the arts organization have executed
an
agreement with respect to either of those funds.
(F)
"General building services" means general building
services for an Ohio arts facility or an Ohio sports facility,
including, but not limited to, general
custodial care, security,
maintenance, repair, painting,
decoration, cleaning, utilities,
fire safety, grounds and site maintenance and
upkeep, and
plumbing.
(G)
"Governmental agency" means a state agency, a
state-supported or state-assisted institution of higher
education,
a municipal corporation, county, township, or school
district, a
port authority created under Chapter 4582.
of the Revised Code,
any other political subdivision or special
district
in this state
established by or pursuant to law, or any combination
of these
entities; except where otherwise
indicated, the United States or
any department, division, or agency of the
United States, or any
agency, commission, or authority
established pursuant to an
interstate compact or agreement.
(H)
"Local contributions" means the value of an asset
provided by
or on behalf of an arts organization from sources
other than the state, the
value and nature of which shall be
approved by the Ohio arts and sports facilities commission, in its
sole
discretion.
"Local contributions" may include the value of
the site
where an arts project is to be constructed. All
"local
contributions," except a contribution attributable to such a site,
shall be for the costs of construction of an arts project or
the
costs of operation of an arts facility.
(I)
"Local historical facility" means a site or facility,
other
than a state historical facility, of archaeological,
architectural,
environmental, or historical interest or
significance, or a facility,
including a storage facility,
appurtenant to the operations of
such a site or facility, that is
owned by an arts organization,
provided the facility meets the
requirements of division
(K)(2)(b)
of this section, is managed
by
or pursuant to a contract with
the Ohio arts and sports
facilities
commission, and is used for or
in connection with the
activities
of the commission, including the
presentation or making
available
of arts to the public.
(J)
"Manage,"
"operate," or
"management" means the
provision
of, or the exercise of control over the provision of,
activities:
(1) Relating to the arts for an Ohio arts facility,
including as applicable, but not limited to, providing for
displays,
exhibitions, specimens, and models; booking of artists,
performances, or presentations; scheduling; and hiring or
contracting for directors, curators, technical and scientific
staff, ushers, stage managers, and others directly related to the
arts activities in the facility; but not including general
building services;
(2) Relating to sports and athletic events for an Ohio
sports
facility, including as applicable, but not limited to,
providing for
booking
of athletes, teams, and events; scheduling;
and hiring or contracting for
staff, ushers, managers, and others
directly related to the sports and
athletic events in the
facility; but not including general building services.
(K)
"Ohio arts facility" means any of the following:
(1) The three theaters located in the state office tower
at
77 South High street in Columbus;
(2) Any capital facility in this state to which
both of
the
following apply:
(a) The construction of an arts project related to the
facility was authorized or
funded by the general assembly pursuant
to division (D)(3)
of section 3383.07 of the Revised Code
and
proceeds of state bonds are used for costs of the arts project.
(b)
The facility is managed directly by, or
is subject to
a
cooperative or management contract
with, the Ohio arts and
sports
facilities commission, and
is used for or
in connection
with the
activities of the commission, including the
presentation
or making
available of arts to the public
and the provision of training or
education in the arts.
A cooperative or
management
contract shall
be for a term not less than the time
remaining to
the date of
payment or provision for payment of any
state bonds
issued to pay
the costs of the
arts project, as
determined by the
director of
budget and
management and certified
by the director to
the Ohio
arts and
sports facilities commission
and to the Ohio
building
authority.
(3) A state historical facility or a local historical
facility.
(L)
"State agency" means the state or any of its
branches,
officers, boards, commissions, authorities, departments,
divisions, or other units or agencies.
(M)
"Construction" includes acquisition, including
acquisition by
lease-purchase, demolition, reconstruction,
alteration, renovation, remodeling, enlargement, improvement, site
improvements, and related equipping and furnishing.
(N)
"State historical facility" means a site or facility
of
archaeological,
architectural, environmental, or historical
interest or significance, or a
facility, including a storage
facility, appurtenant to the operations of such
a site or
facility, that is owned by or is located on real property owned by
the state or by an arts organization,
so long as the
real property
of the arts organization
is contiguous to
state-owned real
property that is in the care, custody, and control of an arts
organization, and that is managed directly by or
is
subject to
a
cooperative or management contract
with the Ohio arts
and sports
facilities commission and
is used for or in
connection with
the
activities of the
commission, including the
presentation or
making
available of arts to the
public.
(O)
"Ohio sports facility" means all or a portion of a
stadium,
arena, or other capital facility in
this state, a
primary purpose of which
is to provide a site or venue for the
presentation to the public of events of
one or more major or minor
league professional athletic or sports teams that
are associated
with the state or with a city or region
of the state, which
facility is owned by or is located on real property owned by the
state or a
governmental agency, and including all parking
facilities, walkways, and
other
auxiliary facilities, equipment,
furnishings, and real and personal property
and interests and
rights therein, that may be appropriate for or used for or
in
connection with the facility or its operation, for capital costs
of which
state funds are spent pursuant to this chapter. A
facility constructed as an
Ohio sports facility may be both an
Ohio arts facility and
an Ohio sports facility.
Sec. 3383.07. (A) The department of administrative
services
shall provide for the construction of an arts
project in
conformity with Chapter 153. of the Revised
Code,
except as
follows:
(1) For an arts project that has an estimated
construction
cost, excluding the cost of acquisition, of twenty-five million
dollars or more, and that is financed by the Ohio building
authority, construction services may be provided by the authority
if
the
authority determines it should provide those services.
(2) For an arts project other than a state historical
facility,
construction services may be provided on
behalf of the
state by the Ohio arts and sports facilities
commission, or by a
governmental agency or an arts organization
that occupies, will
occupy, or is responsible for the Ohio arts
facility, as
determined by the
commission.
Construction services to be
provided by a
governmental agency or
an arts organization shall be
specified in
an agreement between
the commission and the
governmental agency or
arts organization.
The agreement, or any
actions taken under it,
are not subject to
Chapter 123. or 153. of
the Revised Code,
except for sections
123.151 and 153.011 of the
Revised Code, and
shall be
subject to Chapter
4115. of the Revised
Code.
(3) For an arts project that is a state
historical facility,
construction
services
may be provided by the Ohio arts and sports
facilities commission or by
an arts organization that occupies,
will occupy, or is responsible for the
facility, as determined by
the commission. The construction services to be
provided by the
arts organization shall be specified in an agreement between
the
commission and the arts organization. That agreement,
and any
actions
taken under it, are not subject to Chapter 123.,
153., or
4115. of the Revised
Code.
(B) For an Ohio sports facility that is financed in part by
the
Ohio building authority, construction services shall be
provided on
behalf of the state by or at the direction of the
governmental agency or
nonprofit corporation that will own or be
responsible for the management of
the facility, all as determined
by the
Ohio arts and sports facilities commission. Any
construction services
to be provided by a governmental agency or
nonprofit corporation shall be
specified in an agreement between
the commission and the governmental agency
or nonprofit
corporation. That agreement, and any actions taken under
it,
are
not subject to Chapter 123. or 153. of the Revised Code,
except
for sections
123.151 and 153.011 of the Revised Code, and
shall be
subject to
Chapter 4115. of the Revised Code.
(C) General building services for an Ohio arts facility
shall be provided by
the
Ohio arts and sports facilities
commission or by an arts
organization that
occupies, will occupy,
or is responsible for the
facility, as determined by
the
commission, except that the Ohio
building authority may elect to
provide those services for Ohio
arts facilities financed with
proceeds of state bonds issued by
the authority.
The costs of
management and general building
services shall
be paid by the arts
organization that occupies,
will
occupy, or
is responsible for the
facility as provided in an
agreement between the
commission and
the arts organization, except
that the state may pay for general
building services for
state-owned arts
facilities constructed on
state-owned land.
General building services for
an Ohio sports facility shall
be provided by or at the direction of
the governmental agency or
nonprofit corporation that will be responsible for
the management
of the facility, all as determined by the commission. Any
general
building services to be provided by a governmental agency or
nonprofit
corporation
for an Ohio sports facility shall be
specified in
an agreement between the commission and the
governmental agency or nonprofit corporation. That
agreement, and
any
actions taken under it, are not subject to
Chapter 123. or
153.
of the Revised Code, except for sections
123.151 and 153.011
of
the Revised Code,
and shall be subject to
Chapter 4115. of the
Revised Code.
(D) This division does not apply to a state historical
facility. No state funds, including any state bond proceeds,
shall be spent on the construction of any arts
project
under this
chapter unless, with respect to the arts project and to
the Ohio
arts facility related to the
project, all of
the following apply:
(1) The Ohio arts and sports facilities commission has
determined
that there is a need for the arts project and the Ohio
arts
facility related to the project in the
region of the state
in which the Ohio arts facility is
located or for which the
facility is
proposed.
(2) The commission has determined that, as an indication of
substantial regional support for
the arts project, the arts
organization has made
provision
satisfactory to the commission, in
its sole discretion, for
local contributions amounting to
not less
than fifty per cent of the total state funding
for the arts
project.
(3) The general assembly has specifically authorized the
spending of money on, or made an appropriation for, the
construction of the arts project, or for rental
payments relating
to
the financing of the construction of the arts project.
Authorization
to spend money, or an appropriation, for planning
the arts
project
does not constitute authorization to spend money
on, or an
appropriation for, construction of the arts project.
(E) No state funds, including any state bond proceeds, shall
be spent on the
construction of any state historical facility
under this chapter unless the
general assembly has specifically
authorized the spending of money on, or made
an appropriation for,
the construction of the arts project related to
the facility, or
for rental payments
relating to the financing of the construction
of the arts
project. Authorization
to spend money, or an
appropriation, for planning the arts
project does not
constitute
authorization to spend money on, or an appropriation
for, the
construction of the arts project.
(F) State funds shall not be used to pay or reimburse more
than
fifteen per cent of the initial estimated construction cost
of an
Ohio sports facility,
excluding any site acquisition cost,
and no state funds, including any state
bond proceeds, shall be
spent on any Ohio sports facility under this
chapter unless, with
respect to that facility, all of the following apply:
(1) The Ohio arts and sports facilities commission has
determined
that there is a need for the facility in the region of
the state for which the
facility is proposed to provide the
function of an Ohio sports
facility as provided for in this
chapter.
(2) As an indication of substantial local support for the
facility, the
commission has received a financial and development
plan satisfactory to it,
and provision has been made, by agreement
or otherwise, satisfactory to the
commission, for a contribution
amounting to not less than eighty-five per cent
of the total
estimated construction cost of the facility, excluding any site
acquisition cost, from sources other than the state.
(3) The general assembly has specifically authorized the
spending of money
on, or made an appropriation for, the
construction of the facility, or for
rental payments relating to
state financing of all or a portion of the costs
of constructing
the facility. Authorization to spend money, or an
appropriation,
for planning or determining the feasibility of or need for the
facility does not constitute authorization to spend money on, or
an
appropriation for, costs of constructing the facility.
(4) If state bond proceeds are being used for the Ohio
sports
facility, the state or a governmental agency owns or has
sufficient property
interests in the facility or in the site of
the facility or in the portion or
portions of the facility
financed from proceeds of state bonds, which may
include, but is
not limited to, the right to use or to require the use of the
facility for the presentation of sport and athletic events to the
public at
the facility, extending for a period of not less than
the greater of the
useful life of the portion of the facility
financed from proceeds of those
bonds as determined using the
guidelines for maximum maturities as provided
under divisions (B),
(C), and (D) of section 133.20 of the Revised Code, or
the period
of time remaining to the date of payment or provision for payment
of outstanding state bonds allocable to costs of the facility, all
as
determined by the director of budget and management and
certified by the
director to the Ohio arts and sports facilities
commission and to the
Ohio building authority.
Sec. 3501.18. (A) The board of elections may divide a
political subdivision, within its jurisdiction, into precincts
and, establish, define, divide, rearrange, and combine the several
election precincts within its jurisdiction, and change the
location of the polling place for each precinct when it is
necessary to maintain the requirements as to the number of voters
in a precinct and to provide for the convenience of the voters
and the proper conduct of elections, provided that no. No change in
the number of precincts or in precinct boundaries
shall be
made during the twenty-five days immediately preceding a primary
or general election nor or between the first day of January and the
day on which the members of county central committees are elected
in the years in which those committees are elected.
Except as otherwise provided in division (C) of this
section, each
precinct shall contain a number of electors, not to exceed one thousand four hundred, that
the board of elections determines to be a reasonable number after taking into
consideration the type and amount of available equipment, prior voter turnout,
the size and location of each selected polling place, available parking,
availability of an adequate number of poll workers, and handicap accessibility
and other accessibility to the polling place.
If the board changes the boundaries of a precinct after the filing of a
local option election petition pursuant to sections 4301.32 to 4301.41,
4303.29, or 4305.14 of the Revised Code
that calls for a local option election to be held in
that precinct, the local option election shall be held in the area that
constituted the precinct at the time the local option petition was filed,
regardless of the change in the boundaries.
If the board changes the boundaries of a precinct in order to meet the
requirements of division (B)(1) of this section in a manner that
causes a member of a county central committee to no longer qualify as a
representative of an election precinct in the county, of a ward of a city in
the county, or of a township in the county, the member shall continue to
represent the precinct, ward, or township for the remainder of the member's
term, regardless of the change in boundaries.
In an emergency, the board may provide more than one polling
place in a precinct. In order to provide for the convenience of
the voters, the board may locate polling places for voting or
registration outside the boundaries of precincts, provided that
the nearest public school or public building shall be used if the
board determines it to be available and suitable for use as a
polling place. Except in an emergency, no change in the number
or location of the polling places in a precinct shall be made
during the twenty-five days immediately preceding a primary or
general election.
Electors who have failed to respond within
thirty days to any confirmation
notice shall not be counted in determining
the size of any precinct under this section.
(B)(1) Except as otherwise provided in division (B)(2)
or (3) of this section, not later than August 1, 2000, the a board of
elections
shall determine all precinct boundaries using geographical units
used by the United States department of commerce, bureau of
the census, in reporting the decennial census of Ohio.
(2) When any part of the boundary of a precinct also forms a part of the
boundary of a legislative district and the precinct boundary cannot be
determined by August 1, 2000, using the geographical units
described in division (B)(1) of this section
without making that part of the precinct boundary that also forms part of the
legislative district boundary different from that legislative district
boundary, the board of elections may determine the boundary of that precinct
using the geographical units described in division (B)(1) of this
section not later than April 1, 2002. As used in this
division, legislative district means a
district determined under
Article XI of the Ohio Constitution.
(3) The board of elections may apply to the secretary of state for a
waiver from
the requirement of division (B)(1) of this section when it is not
feasible to comply with that requirement because of unusual physical
boundaries or
residential development practices that would cause unusual hardship for
voters. The board shall identify the affected
precincts and census units, explain the reason for the waiver request, and
include a map illustrating where the census units will be split because of the
requested waiver. If the secretary of state approves the waiver and so
notifies the board of elections in writing, the board may change a precinct
boundary as necessary under this section, notwithstanding the requirement in
division (B)(1) of this section.
(C) The board of elections may apply to the secretary of state for
a waiver from the requirement of division (A) of this section
regarding the number of electors in a precinct when the use of geographical
units used by the United States department of commerce,
bureau of the census, will cause a precinct to contain more than one thousand
four hundred electors. The board shall identify the affected precincts and census units,
explain the reason for the waiver request, and include a map illustrating
where census units will be split because of the requested waiver. If the
secretary of state approves the waiver and so notifies the board of elections
in writing, the board may change a precinct boundary as necessary to meet the
requirements of division (B)(1) of this section.
Sec. 3501.30. (A) The board of elections shall provide for
each polling place the necessary ballot boxes, official ballots,
cards of instructions, registration forms, pollbooks, or poll
lists, tally sheets, forms on which to make summary statements,
writing implements, paper, and all other supplies
necessary for casting and
counting the ballots and recording the results of the voting at
such the polling place. Such The pollbooks or poll lists shall have
certificates appropriately printed thereon on them for the signatures of
all the precinct officials, by which they shall certify that, to
the best of their knowledge and belief, said the pollbooks or poll
lists correctly show the names of all electors who voted in such
the polling place at the election indicated therein in the pollbook or poll list.
A All of the following shall be included among the supplies provided to each polling place:
(1) A large map of each appropriate precinct shall be included
among the supplies to each polling place, which shall be
displayed prominently to assist persons who desire to register or
vote on election day. Each map shall show all streets within the
precinct and contain identifying symbols of the precinct in bold
print.
Such supplies shall also include a (2) Any materials, postings, or instructions required to comply with state or federal laws;
(3) A flag of the United
States approximately two and one-half feet in length along the
top, which shall be displayed outside the entrance to the polling
place during the time it is open for voting. Two;
(4) Two or more small
flags of the United States approximately fifteen inches in length
along the top shall be provided and, which shall be placed at a distance
of one hundred feet from the polling place on the thoroughfares
or walkways leading to the polling place, to mark the distance
within which persons other than election officials, witnesses,
challengers, police officers, and electors waiting to mark,
marking, or casting their ballots shall not loiter, congregate,
or engage in any kind of election campaigning. Where small flags
cannot reasonably be placed one hundred feet from the polling
place, the presiding election judge shall place the flags as near
to one hundred feet from the entrance to the polling place as is
physically possible. Police officers and all election officials
shall see that this prohibition against loitering and
congregating is enforced. When
When the period of time during which
the polling place is open for voting expires, all of said the flags
described in this division shall be taken into the polling place, and shall be returned to
the board together with all other election materials and supplies
required to be delivered to such the board.
(B) The board of elections shall follow the instructions and advisories of the secretary of state in the production and use of polling place supplies.
Sec. 3505.08. (A) Ballots shall be provided by the board of
elections for all general and special elections. Such The ballots
shall be printed with black ink on No. 2 white book paper fifty
pounds in weight per ream assuming such ream to consist of five
hundred sheets of such paper twenty-five by thirty-eight inches
in size. Each ballot shall have attached at the top two stubs,
each of the width of the ballot and not less than one-half inch in length,
except that, if the board of elections has an alternate method to account for
the ballots that the secretary of state has authorized, each
ballot may have only one stub that shall be the width of the
ballot and not less than one-half inch in length. In the
case of ballots with two stubs, the stubs shall be separated from the
ballot and from each other by perforated lines. The top stub shall be known
as Stub B and shall have printed on its face "Stub B." The other stub shall
be known as Stub A and shall have printed on its face
"Stub A." Each stub shall also have printed on its face
"Consecutive Number .........." Each
Each ballot of each kind of
ballot provided for use in each precinct shall be numbered
consecutively beginning with number 1 by printing such number
upon both of the stubs attached thereto to the ballot. On ballots bearing the
names of candidates, each candidate's name shall be printed in
twelve point boldface upper case type in an enclosed rectangular
space, and an enclosed blank rectangular space shall be provided
at the left thereof of the candidate's name. The name of the political party of a
candidate nominated at a primary election or certified by a party
committee shall be printed in ten point lightface upper and lower
case type and shall be separated by a two point blank space. The
name of each candidate shall be indented one space within such
the enclosed rectangular space, and the name of the political party shall be
indented two spaces within such the enclosed rectangular space. The
The title of
each office on such the ballots shall be printed in twelve point
boldface upper and lower case type in a separate enclosed
rectangular space. A four point rule shall separate the name of
a candidate or a group of candidates for the same office from the
title of the office next appearing below on the ballot, and; a two
point rule shall separate the title of the office from the names
of candidates; and a one point rule shall separate names of
candidates. Headings shall be printed in display Roman type.
When the names of several candidates are grouped together as
candidates for the same office, there shall be printed on such
the ballots immediately below the title of such the office and within the
separate rectangular space in which such the title is printed "Vote
for not more than ........," in six point boldface upper and
lower case filling the blank space with that number which will
indicate the number of persons who may be lawfully elected to
such the office.
Columns on ballots shall be separated from each other by a
heavy vertical border or solid line at least one-eighth of an
inch wide, and a similar vertical border or line shall enclose
the left and right side of ballots, and ballots. Ballots shall be trimmed
along the sides close to such lines.
The ballots provided for by this section shall be comprised
of four kinds of ballots designated as follows: (A) office type
ballot; (B) nonpartisan ballot; (C) questions and issues
ballot; (D) and presidential ballot.
On the back of each office type ballot shall be printed
"Official Office Type Ballot;" on the back of each nonpartisan
ballot shall be printed "Official Nonpartisan Ballot;" on the
back of each questions and issues ballot shall be printed
"Official Questions and Issues Ballot;" and on the back of each
presidential ballot shall be printed "Official Presidential
Ballot." On the back of every ballot also shall be printed the
date of the election at which the ballot is used and the
facsimile signatures of the members of the board of the county in
which the ballot is used. For the purpose of identifying the
kind of ballot, the back of every ballot may be numbered in such
the order as the board shall determine. Such The numbers shall be
printed in not less than thirty-six point type above the words
"Official Office Type Ballot," "Official Nonpartisan Ballot,"
"Official Questions and Issues Ballot," or "Official Presidential
Ballot," as the case may be. Ballot boxes bearing corresponding
numbers shall be furnished for each precinct in which the above-described numbered ballots are used.
On the back of every ballot used, there shall be a solid
black line printed opposite the blank rectangular space that is
used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will
not be visible from the back side of the ballot.
Sample ballots may be printed by the board of elections for
all general elections. Such The ballots shall be printed on colored
paper, and "Sample Ballot" shall be plainly printed in boldface
type on the face of each ballot. In counties of less than one
hundred thousand population, the board may print not more than
five hundred sample ballots; in all other counties, it may print
not more than one thousand sample ballots. Such The sample ballots
shall not be distributed by a political party or a candidate, nor
shall a political party or candidate cause their title or name to
be imprinted thereon on sample ballots.
(B) Notwithstanding division (A) of this section, in approving the form of an official ballot, the secretary of state may authorize the use of fonts, type face settings, and ballot formats other than those prescribed in that division.
Sec. 3517.092. (A) As used in this section:
(1) "Appointing authority" has the same
meaning as in section 124.01 of the Revised
Code.
(2) "State elected officer" means any person
appointed or elected to a state elective office.
(3) "State elective office" means any of the
offices of governor, lieutenant governor, secretary of state,
auditor of state, treasurer of state, attorney general, member of the state
board of education, member of
the general assembly, and justice and chief justice of the
supreme court.
(4) "County elected officer" means any person
appointed or elected to a county elective office.
(5) "County elective office" means any of the
offices of county auditor, county treasurer, clerk of the court
of common pleas, sheriff, county recorder, county engineer,
county commissioner, prosecuting attorney, and coroner.
(6) "Contribution" includes a contribution to any political party, campaign
committee, political action committee, political contributing
entity, or legislative campaign fund.
(B) No state elected officer, no campaign
committee of such an officer, and no other person or entity shall
knowingly solicit or accept a contribution
on behalf of that officer or that officer's campaign committee from any
of the following:
(1) A state employee whose appointing authority is the
state elected officer;
(2) A state employee whose appointing authority is
authorized or required by law to be appointed by the state
elected officer;
(3) A state employee who functions in or is employed in
or by the same public agency, department, division, or office as
the state elected officer.
(C) No candidate for a state elective office, no campaign
committee of such a candidate, and no
other person or entity shall knowingly solicit or
accept a contribution on behalf of that candidate or that candidate's
campaign committee from any of the following:
(1) A state employee at the time of the solicitation,
whose appointing authority will be the candidate, if elected;
(2) A state employee at the time of the solicitation,
whose appointing authority will be appointed by the candidate, if
elected, as authorized or required by law;
(3) A state employee at the time of the solicitation,
who will function in or be employed in or by the same public
agency, department, division, or office as the candidate, if
elected.
(D) No county elected officer, no campaign
committee of such an officer, and no other person or entity
shall knowingly solicit a contribution on
behalf of that officer or that officer's campaign committee from any of
the following:
(1) A county employee whose appointing authority is the
county elected officer;
(2) A county employee whose appointing authority is
authorized or required by law to be appointed by the county
elected officer;
(3) A county employee who functions in or is employed
in or by the same public agency, department, division, or office
as the county elected officer.
(E) No candidate for a county elective office, no campaign committee of such
a candidate,
and no other person or entity shall knowingly solicit a contribution on behalf
of that candidate or that candidate's campaign
committee from any of the following:
(1) A county employee at the time of the solicitation,
whose appointing authority will be the candidate, if elected;
(2) A county employee at the time of the solicitation,
whose appointing authority will be appointed by the candidate, if
elected, as authorized or required by law;
(3) A county employee at the time of the solicitation,
who will function in or be employed in or by the same public
agency, department, division, or office as the candidate, if
elected.
(F)(1) No public employee shall solicit a contribution from any person while
the public employee is performing the public employee's
official duties or in those areas of a
public building where official business is transacted or conducted.
(2) No person shall solicit a contribution from any public employee while the
public employee is performing the public employee's official
duties or is in those areas of a
public building where official business is
transacted or conducted.
(3) As used in division (F) of this section, "public employee" does not
include any person holding an elective office.
(G) The prohibitions in divisions (B),
(C), (D), (E), and (F) of this section are
in addition to the prohibitions in sections 124.57, 1553.09, 3304.22, and
4503.032 of the Revised Code.
Sec. 3701.021. (A) The public health council shall adopt,
in accordance with Chapter 119. of the Revised Code, such rules
as are necessary to carry out sections 3701.021 to 3701.028 3701.0210 of
the Revised Code, including, but not limited to, rules to
establish the following:
(1) Medical and financial eligibility requirements for the
program for medically handicapped children;
(2) Eligibility requirements for providers of services for
medically handicapped children;
(3) Procedures to be followed by the department of health
in disqualifying providers for violating requirements adopted
under division (A)(2) of this section;
(4) Procedures to be used by the department regarding
application for diagnostic services under division (B) of section
3701.023 of the Revised Code and payment for those services under
division (E) of that section;
(5) Standards for the provision of service coordination by
the department of health and city and general health districts;
(6) Procedures for the department to use to determine the
amount to be paid annually by each county for services for
medically handicapped children and to allow counties to retain
funds under divisions (A)(2) and (3) of section 3701.024 of the
Revised Code;
(7) Financial eligibility requirements for services for
Ohio residents twenty-one years of age or older who have cystic
fibrosis;
(8) Criteria for payment of approved providers who provide
services for medically handicapped children;
(9) Criteria for the department to use in determining
whether the payment of health insurance premiums of participants
in the program for medically handicapped children is
cost-effective;
(10) Procedures for appeal of denials of applications
under divisions (A) and (D) of section 3701.023 of the Revised
Code, disqualification of providers, and amounts paid for
services;
(11) Terms of appointment for members of the medically
handicapped children's medical advisory council
created in
section 3701.025 of the Revised Code;
(12) Eligibility requirements for the hemophilia program, including income and hardship requirements.
(B) The department of health shall develop a manual of
operational procedures and guidelines for the program for
medically handicapped children to implement sections 3701.021 to
3701.028 3701.0210 of the Revised Code.
Sec. 3701.022. As used in sections 3701.021 to 3701.028 3701.0210 of
the Revised Code:
(A) "Medically handicapped child" means an Ohio resident
under twenty-one years of age who suffers primarily from an
organic disease, defect, or a congenital or acquired physically
handicapping and associated condition that may hinder the
achievement of normal growth and development.
(B) "Provider" means a health professional, hospital,
medical equipment supplier, and any individual, group, or agency
that is approved by the department of health pursuant to division
(C) of section 3701.023 of the Revised Code and that provides or
intends to provide goods or services to a child who is eligible
for the program for medically handicapped children.
(C) "Service coordination" means case management services
provided to medically handicapped children that promote effective
and efficient organization and utilization of public and private
resources and ensure that care rendered is family-centered,
community-based, and coordinated.
(D)(1) "Third party" means any person or government entity
other than the following:
(a) A medically handicapped child participating in the
program for medically handicapped children or the child's parent or
guardian;
(b) The department or any program administered by the
department, including the "Maternal and Child Health Block Grant," Title V of
the
"Social Security Act," 95 Stat. 818 (1981), 42 U.S.C.A. 701, as
amended;
(c) The "caring program for children" operated by the
nonprofit community mutual insurance corporation.
(2) "Third party" includes all of the following:
(a) Any trust established to benefit a medically
handicapped child participating in the program or the child's
family or
guardians, if the trust was established after the date the
medically handicapped child applied to participate in the
program;
(b) That portion of a trust designated to pay for the
medical and ancillary care of a medically handicapped child, if
the trust was established on or before the date the medically
handicapped child applied to participate in the program;
(c) The program awarding reparations to victims of crime
established under sections 2743.51 to 2743.72 of the Revised
Code.
(E) "Third-party benefits" means any and all benefits paid
by a third party to or on behalf of a medically handicapped child
participating in the program or the child's parent or guardian for
goods
or services that are authorized by the department pursuant to
division (B) or (D) of section 3701.023 of the Revised Code.
(F) "Hemophilia program" means the hemophilia program the department of health is required to establish and administer under section 3701.029 of the Revised Code.
Sec. 3701.029. Subject to available funds, the department of health shall establish and administer a hemophilia program to provide payment of health insurance premiums for Ohio residents who meet all of the following requirements:
(A) Have been diagnosed with hemophilia or a related bleeding disorder;
(B) Are at least twenty-one years of age;
(C) Meet the eligibility requirements established by rules adopted under division (A)(12) of section 3701.021 of the Revised Code.
Sec. 3701.145 3701.0210. The director of health medically handicapped children's medical advisory council shall establish appoint a
hemophilia advisory council subcommittee to advise the director
and the department of
health and council on all matters pertaining to the care and treatment of
persons with hemophilia. The council subcommittee shall consist of
not
fewer than nineteen fifteen members, each of whom shall be appointed by
the director to terms of four years. The members of the
council subcommittee shall elect a chairperson from among the
appointed
membership to serve a term of two years. Members of the
council subcommittee shall serve without compensation, except that
they may
be reimbursed for travel expenses to and from meetings of the
council subcommittee.
Members shall be appointed to represent all geographic
areas of this state. Not fewer than five members of the
council subcommittee shall be persons with hemophilia or family
members of
persons with hemophilia. Not fewer than five members shall be
providers of health care services to persons with hemophilia.
Not fewer than five members shall be experts in fields of
importance to treatment of persons with hemophilia, including
experts in infectious diseases, insurance, and law.
The council shall submit to the director of health,
the
governor, and the general assembly, a report no later than the
thirtieth day of September of each year summarizing the current
status and needs of persons in this state with hemophilia and of
family members of persons with hemophilia.
Notwithstanding section 101.83 of the Revised Code, that section does not apply to the medically handicapped children's medical advisory council hemophilia advisory subcommittee, and the subcommittee shall not expire under that section.
Sec. 3701.141. (A) There is hereby created in the
department of health the office of women's health initiatives program,
consisting of the chief of the office and an administrative
assistant. To the extent of available funds, other positions
determined necessary and relevant by the director of health may
be added. The administrative assistant and all other employees
assigned to the office shall report to the chief and the chief to
the director or the deputy specified by the director.
(B) To the extent funds are available, the office of
women's health initiatives program shall:
(1) Identify, review, and assist the director in the
coordination of programs and resources the department of health
is committing to women's health concerns, including the
department's women's and infants' program activities;
(2) Advocate for women's health by requesting that the
department conduct, sponsor, encourage, or fund research;
establish additional programs regarding women's health concerns
as needed; and monitor the research and program efforts;
(3) Collect, classify, and store relevant research
conducted by the department or other entities, and provide,
unless otherwise prohibited by law, interested persons access to
research results;
(4) Generate Apply for grant activities opportunities.
(C) Prior to the director's report to the governor on the
department's biennial budget request, the office of women's
health initiatives shall submit in writing to the director of
health a biennial report of recommended programs, projects, and
research to address critical issues in women's health.
Sec. 3702.31. (A) The quality monitoring and
inspection
fund is hereby created in the state treasury. The
director of
health shall use the fund to
administer and enforce this section
and sections
3702.11 to 3702.20, 3702.30, and 3702.32 of the
Revised
Code and rules adopted pursuant to those sections.
The
director shall deposit in the fund any moneys
collected pursuant
to this section
or section 3702.32 of the Revised Code. All
investment earnings of
the fund shall be credited to the fund.
(B) The director of health shall adopt rules pursuant to
Chapter 119. of the Revised Code establishing fees
for both of the
following:
(1) Initial and renewal license applications submitted under
section
3702.30 of the Revised Code. The fees established under
division (B)(1) of this section shall not
exceed the actual and
necessary costs of performing the
activities described in division
(A) of this section.
(2) Inspections conducted
under section 3702.15 or 3702.30
of the
Revised
Code. The fees established
under division (B)(2)
of this
section shall not exceed the actual and necessary costs
incurred
during an inspection, including any indirect costs
incurred by
the department for staff, salary, or other
administrative
costs.
The director of health shall provide to
each health
care facility or provider inspected pursuant to
section 3702.15
or 3702.30 of the Revised
Code a written statement
of the
fee.
The statement shall itemize and total the costs
incurred.
Within fifteen days after receiving a
statement from
the director, the facility or provider shall
forward the total
amount of the fee to the director.
(3) The fees described in divisions
(B)(1) and (2) of this
section
shall meet both of the following requirements:
(a) For each service described in
section 3702.11 of the
Revised
Code, the fee shall not exceed
one thousand
two
seven hundred
fifty
dollars annually, except that the total fees
charged
to a
health care provider under this section shall not exceed five
thousand dollars
annually.
(b) The fee shall exclude any costs
reimbursable by the
United
States health care financing
administration as part of the
certification process for the
medicare program established under
Title
XVIII of the
"Social
Security
Act," 49
Stat. 620 (1935), 42
U.S.C.A.
301, as amended, and the medicaid program established
under
Title
XIX of that act.
(4) The director shall not establish a fee for any
service
for which a licensure or inspection fee is paid by the
health care
provider to a state agency for the same or similar
licensure or
inspection.
Sec. 3702.63. As specified in former Section 11 of Am. Sub. S.B. 50 of the 121st general assembly, as amended by Am. Sub. H.B. 405 of the 124th general assembly, all of the following apply:
(A) The removal of former divisions (E) and (F) of
section 3702.52
of the Revised
Code by Sections 1 and 2 of
Am. Sub. S.B. 50 of the 121st general assembly does not
release the holders of
certificates of need issued
under those
divisions from complying with any
conditions on which
the granting
of the certificates of need was based,
including the
requirement
of former division (E)(6) of that section that the
holders not
enter into provider agreements under Chapter 5111. of
the Revised
Code and Title XIX of the
"Social Security Act," 49
Stat. 620
(1935), 42
U.S.C. 301, as amended, for at least ten
years
following initial licensure
of
the long-term care facilities
for
which the certificates were granted.
(B) The repeal of section 3702.55 of the Revised Code by Section
2 of
Am. Sub. S.B. 50 of the 121st general assembly
does
not release the holders of certificates of need
issued under that
section from
complying with any conditions on
which the granting
of the certificates of
need
was based,
other than the
requirement
of division (A)(6) of that section that
the holders not seek
certification under Title XVIII
of the
"Social
Security
Act" for beds recategorized under the
certificates. That repeal also does not eliminate the requirement that the
director of health revoke the licensure
of the beds under Chapter
3721. of the
Revised Code if a person to
which their ownership is
transferred fails, as required by division (A)(6) of the repealed section, to file
within ten days
after the transfer a
sworn statement not to seek
certification
under Title XIX of the "Social Security Act" for beds recategorized under the certificates of need.
(C) The repeal of section 3702.56 of the Revised Code by Section
2 of
Am. Sub. S.B. 50 of the 121st general assembly
does
not release the holders of certificates of need
issued under that
section
from complying with any conditions on
which the granting
of the certificates
of need was based.
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to
3702.62 of the Revised Code, this section applies to the review
of
certificate of need applications during the period beginning
July
1, 1993, and ending
June 30,
2003 2005.
(B)(1) Except as provided in division (B)(2) of this
section, the director of health shall neither grant nor deny any
application for a certificate of need submitted prior to July 1,
1993, if the
application was for any of
the following and the
director had not issued a written decision
concerning the
application prior to that date:
(a) Approval of beds in a new health care facility or an
increase of beds in an existing health care facility, if the beds
are proposed to be licensed as nursing home beds under Chapter
3721. of the Revised Code;
(b) Approval of beds in a new county home or new county
nursing home as defined in section 5155.31 of the Revised Code,
or
an increase of beds in an existing county home or existing
county
nursing home, if the beds are proposed to be certified as
skilled
nursing facility beds under Title XVIII or nursing
facility beds
under Title XIX of the
"Social Security Act," 49
Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(c) Recategorization of hospital beds as described in
section 3702.522 of the Revised Code, an
increase of hospital beds
registered pursuant to section 3701.07
of the Revised Code as
long-term care beds or skilled nursing
facility beds, or a
recategorization of hospital beds that would
result in an increase
of beds registered pursuant to that section
as long-term care beds
or skilled nursing facility beds.
On July 1, 1993, the director shall
return each such
application to the applicant and,
notwithstanding section 3702.52
of the Revised Code regarding the
uses of the certificate of need
fund, shall refund to the
applicant the application fee paid under
that section.
Applications returned under division (B)(1) of this
section may
be resubmitted in accordance with section 3702.52 of
the Revised
Code no sooner than
July 1,
2003 2005.
(2) The director shall continue to review and shall issue
a
decision regarding any application submitted prior to July 1,
1993, to
increase beds for either of the
purposes described in
division (B)(1)(a) or (b) of this section
if the proposed increase
in beds is attributable solely to a
replacement or relocation of
existing beds within the same
county. The director shall
authorize under such an application
no additional beds beyond
those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this
section, the director, during the period beginning July 1, 1993,
and ending
June 30,
2003 2005, shall not accept for
review under
section
3702.52 of the Revised Code any application
for a
certificate of
need for any of the purposes described in
divisions
(B)(1)(a) to
(c) of this section.
(2) The director shall accept for review any application
for
either of the purposes described in division (B)(1)(a) or (b)
of
this section if
the proposed increase in beds is
attributable
solely to a replacement or relocation of existing
beds within the
same county.
The director shall authorize under
such an
application no
additional beds beyond those being replaced or
relocated.
The director also shall accept for review any
application that
seeks certificate of need approval for existing
beds located in an infirmary
that is
operated exclusively by a
religious order, provides care exclusively to
members of religious
orders who take vows of celibacy and live by virtue of
their vows
within the orders as if related, and was providing care
exclusively
to members of such a religious order on January 1,
1994.
(D) The director shall issue a decision regarding any case
remanded by
a
court as the result of a decision issued by the
director prior to
July 1, 1993, to grant, deny, or withdraw a
certificate of need for any of the purposes described in
divisions
(B)(1)(a) to (c) of this section.
(E) The director shall not project the need for beds
listed
in division (B)(1) of this section for the period
beginning July
1, 1993, and ending
June 30,
2003 2005.
This section is an interim section effective until
July 1,
2003 2005.
Sec. 3702.74. (A) A primary care physician who has signed a
letter of intent under section 3702.73 of the Revised Code, the
director of health, and the Ohio board of
regents may enter into a
contract for the physician's participation in the
physician loan
repayment program. A lending institution may also be a party
to
the contract.
(B) The contract shall include all of the following
obligations:
(1) The primary care physician agrees to provide primary
care services in the
health resource shortage area identified in
the letter of intent for at least
two years or one
year per twenty
thousand dollars of repayment agreed to under
division (B)(3) of
this section, whichever is greater;
(2) When providing primary care services in the health
resource shortage
area, the primary care physician agrees to do
all of the
following:
(a) Provide primary care services for a minimum of forty
hours per week;
(b) Provide primary care services without regard to a
patient's ability to pay;
(c) Meet the conditions prescribed by the
"Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the
department of job and family services for participation in
the
medical
assistance program established under Chapter 5111. of the
Revised
Code and enter into a contract with the department to
provide
primary care services to recipients of the medical
assistance
program;
(d) Meet the conditions established by the department of
job
and family services for participation in the disability assistance
medical assistance
program established under Chapter 5115. of the
Revised Code
and enter into a contract with the department to
provide primary
care services to recipients of disability
medical assistance.
(3) The Ohio board of regents agrees, as
provided in section
3702.75 of
the Revised Code, to repay, so long as the primary care
physician performs the
service obligation agreed to under division
(B)(1) of this section, all or
part of the principal and interest
of a government or other educational loan
taken by the primary
care physician for expenses described in section 3702.75
of the
Revised Code;
(4) The primary care physician agrees to pay the
board the
following as
damages if the physician fails to complete the
service obligation agreed to
under division (B)(1) of this
section:
(a) If the failure occurs during the first two years of
the
service obligation, three times the total amount the
board has
agreed to repay under division (B)(3) of
this section;
(b) If the failure occurs after the first two years of the
service obligation, three times the amount the board
is still
obligated to repay under division (B)(3) of this
section.
(C) The contract may include any other terms agreed upon by
the parties,
including an assignment to the Ohio board of
regents
of the physician's
duty to pay the principal and interest of a
government or other educational
loan taken by the physician for
expenses described in section 3702.75 of the
Revised Code. If the
board assumes the physician's
duty to pay a loan,
the contract
shall set forth the total amount of principal and interest to be
paid, an amortization schedule, and the amount of each payment to
be made
under the schedule.
Sec. 3705.23. (A)(1) Except as otherwise provided in this
section, the director of health, the state registrar, or a local
registrar, on receipt of a signed application and the fee
specified in section 3705.24 of the Revised Code, shall issue a
certified copy of a vital record, or of a part of a vital record,
in the director's or registrar's custody to any applicant,
unless the vital record has ceased to be a public record pursuant to section
3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code. The certified copy
shall show the date the vital record was registered by the local registrar.
(2) A certified copy of a vital record may be made by a
mechanical, electronic, or other reproduction process. It shall
be certified as a true copy by the director, state registrar, or
local registrar who has custody of the record and shall include
the date of issuance, the name of the issuing officer, the
signature of the officer or an authorized facsimile of the
signature, and the seal of the issuing office.
(3) A certified copy of a vital record or of any part of a
vital record, issued in accordance with this section, shall be
considered for all purposes the same as the original and shall be
prima-facie evidence of the facts stated in it in all courts and
places.
(4)(a) Information contained in the "information for
medical and health use only" section of a birth record shall not
be included as part of a certified copy of the birth record
unless the information specifically is requested by the
individual to whose birth the record attests, either of the
individual's parents or the individual's guardian, a
lineal descendant, or an official of
the federal or state government or of a political subdivision of
the state charged by law with detecting or prosecuting crime.
(b) Except as provided in division (A)(4)(a) of this
section, neither the office of vital statistics nor a local
registrar shall disclose information contained in the
"information for medical and health use only" section of a birth
record unless a court, for good cause shown, orders disclosure of
the information or the state registrar specifically authorizes
release of the information for statistical or research purposes
under conditions the state registrar, subject to the approval
of the director of health, shall establish by rule.
(B)(1) Unless the applicant specifically requests a certified
copy, the director, the state registrar, or a local registrar, on
receipt of a signed application for a birth record and the fee
specified in section 3705.24 of the Revised Code, may issue a
certification of birth, and the certification of birth
shall contain at least the name,
sex, date of birth, registration date, and place of birth of the
person to whose birth the record attests and shall attest
that the person's birth has been registered. A certification of
birth shall be prima-facie evidence of the facts stated in it in
all courts and places.
(2) The director or the state registrar, on the receipt of a signed
application for an heirloom
certification of birth and the fee specified in section 3705.24 of the
Revised Code, may issue an heirloom certification of birth.
The director shall
prescribe by rule guidelines for the form of an heirloom certification of
birth, and the guidelines shall require the heirloom certification of birth to
contain at least the name,
sex, date of birth, registration date, and place of birth of the person to
whose birth the record attests and to attest that the person's birth has been
registered. An heirloom certification of birth shall be prima-facie evidence
of the facts stated in it in all courts and places.
(C) On evidence that a birth certificate was registered
through misrepresentation or fraud, the state registrar may
withhold the issuance of a certified copy of the birth record or
a certification of birth until a court makes a determination that
no misrepresentation or fraud occurred.
(D) Except as provided in division (A)(4)(b) of this
section, the state registrar and a local registrar, on request,
shall provide uncertified copies of vital records in accordance
with section 149.43 of the Revised Code.
Sec. 3705.24. (A) Except as otherwise provided in this
division or division (G) of this section, the fee for a
certified copy of a vital record or for a certification of birth shall be
seven dollars plus any fee
required by section 3109.14 of the Revised Code. Except as provided in
section 3705.241 of the Revised Code, the fee for a
certified copy of a vital record or for a certification of birth
issued by the office of vital statistics shall be an amount
prescribed by the public health council plus any fee required by
section 3109.14 of the Revised Code. The fee for a certified
copy of a vital record or for a certification of birth issued by
a health district shall be an amount prescribed in accordance
with section 3709.09 of the Revised Code plus any fee required by
section 3109.14 of the Revised Code. No certified copy of a
vital record or certification of birth shall be issued without
payment of the fee unless otherwise specified by statute.
For a special search of the files and records to determine
a date or place contained in a record on file, the office of
vital statistics shall charge a fee of three dollars for each
hour or fractional part of an hour required for the search.
(B)(1) The public health council shall, in accordance with section 111.15 of the Revised Code, adopt rules prescribing fees for the following services provided by the state office of vital statistics:
(a) Except as provided in division (A)(4) of this section:
(i) A certified copy of a vital record or a certification of birth;
(ii) A search by the office of vital statistics of its files and records pursuant to a request for information, regardless of whether a copy of a record is provided;
(iii) A copy of a record provided pursuant to a request;
(b) Replacement of a birth certificate following an adoption, legitimation, paternity determination or acknowledgement, or court order;
(c) Filing of a delayed registration of a vital record;
(d) Amendment of a vital record that is requested later than one year after the filing date of the vital record;
(e) Any other documents or services for which the public health council considers the charging of a fee appropriate.
(2) Fees prescribed under division (A)(1)(a) of this section shall not be less than seven dollars.
(3) Fees prescribed under division (A)(1) of this section shall be collected in addition to any fee required by section 3109.14 of the Revised Code.
(4) Fees prescribed under division (A) of this section shall not apply to certifications issued under division (H) of this section or copies provided under section 3705.241 of the Revised Code.
(B) In addition to the fees prescribed under division (A) of this section or section 3709.09 of the Revised Code, the office of vital statistics or the board of health of a city or general health district shall charge a five-dollar fee for each certified copy of a vital record and each certification of birth. This fee shall be deposited in the general operations fund created under section 3701.83 of the Revised Code and be used solely toward the modernization and automation of the system of vital records in this state. A board of health shall forward all fees collected under this division to the department of health not later than thirty days after the end of each calendar quarter.
(C) Except as otherwise provided in division (G)(H) of
this section, and except as provided in section 3705.241
of the Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid
into the state treasury to the credit of the general operations fund
created by section 3701.83 of the Revised Code.
Money Except as provided in division (B) of this section, money generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it.
Amounts submitted to the
department of health for copies of vital records or services in excess of the
fees imposed by this section shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be
retained by the department and deposited in the state treasury to the
credit of the general operations fund created by section 3701.83 of the
Revised Code.
(2) An overpayment in excess of two dollars shall be
returned to the person who made the overpayment.
(C)(D) If a local registrar is a salaried employee of a city
or a general health district, any fees the local registrar
receives pursuant to section 3705.23 of the Revised Code shall be paid into
the general fund of the city or the health fund of the general health
district.
Each local registrar of vital statistics, or each health
district where the local registrar is a salaried employee of the
district, shall be entitled to a fee for each birth, fetal death,
death, or military service certificate properly and completely
made out and registered with the local registrar or district and
correctly copied and
forwarded to the office of vital statistics in accordance with
the population of the primary registration district at the last
federal census. The fee for each birth, fetal death, death, or
military service certificate shall be:
(1) In primary registration districts of over two hundred
fifty thousand, twenty cents;
(2) In primary registration districts of over one hundred
twenty-five thousand and less than two hundred fifty thousand,
sixty cents;
(3) In primary registration districts of over fifty
thousand and less than one hundred twenty-five thousand, eighty
cents;
(4) In primary registration districts of less than fifty
thousand, one dollar.
(D)(E) The director of health shall annually certify to the
county treasurers of the several counties the number of birth,
fetal death, death, and military service certificates registered
from their respective counties with the names of the local
registrars and the amounts due each registrar and health district
at the rates fixed in this section. Such amounts shall be paid
by the treasurer of the county in which the registration
districts are located. No fees shall be charged or collected by
registrars except as provided by this chapter and section 3109.14
of the Revised Code.
(E)(F) A probate judge shall be paid a fee of fifteen cents
for each certified abstract of marriage prepared and forwarded by
the probate judge to the department of health pursuant to section 3705.21 of
the Revised Code. The fee shall be in addition to the fee paid
for a marriage license and shall be paid by the applicants for
the license.
(F)(G) The clerk of a court of common pleas shall be paid a
fee of one dollar for each certificate of divorce, dissolution,
and annulment of marriage prepared and forwarded by the clerk to the
department pursuant to section 3705.21 of the Revised Code. The
fee for the certified abstract of divorce, dissolution, or
annulment of marriage shall be added to the court costs allowed
in these cases.
(G)(H) The fee for an heirloom certification of birth issued
pursuant to
division (B)(2) of section 3705.23 of the Revised
Code shall be an amount prescribed by rule by the
director of health plus any fee required by section 3109.14 of the
Revised Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to offset the expense
of processing heirloom certifications of birth. The fee prescribed
by the director of health
pursuant to this division shall be deposited
into
the state treasury to the credit of the heirloom certification of birth fund
which is hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing heirloom
certifications of birth. However, the money collected for the surcharge,
subject to the approval of the controlling board, shall be used for the
purposes specified by the family and children first council pursuant to
section 121.37 of the Revised Code.
Sec. 3709.09. (A) The board of health of a city or
general health district may, by rule, establish a uniform system
of fees to pay the costs of any services provided by the board.
Fees
The fee for issuance of a certified copy of a vital record or a certification of birth shall not be less than the fee prescribed for the same service under division (A)(1) of section 3705.24 of the Revised Code and shall include the fees required by division (B) of section 3705.24 and section 3109.14 of the Revised Code.
Fees for services provided by the board for purposes specified in
sections 3701.344, 3711.05, 3730.03, 3733.04,
3733.25, and
3749.04 of the Revised Code shall be established in accordance
with rules adopted under division (B) of this section. The
district advisory council, in the case of a general health
district, and the legislative authority of the city, in the case
of a city health district, may disapprove any fee established by
the board of health under this division, and any such fee, as
disapproved, shall not be charged by the board of health.
(B) The public health
council shall adopt rules under section 111.15 of the Revised
Code that establish fee categories and uniform methodologies for
use in calculating the costs of services provided for purposes
specified in sections 3701.344, 3711.05, 3730.03,
3733.04, 3733.25, and 3749.04 of the Revised Code. In adopting the rules,
the public health council shall consider recommendations it
receives from advisory boards established either by statute or
the director of health for entities subject to the fees.
(C) At least thirty days prior to establishing a fee for a
service provided by the board for a purpose specified in section
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the
Revised Code, a board of health shall notify any entity that would be
affected by the proposed fee of the amount of the proposed fee.
Sec. 3710.05. (A) Except as otherwise provided in this
chapter, no person shall engage in any asbestos hazard abatement
activities in this state unless licensed or certified pursuant to
this chapter.
(B) To apply for licensure as an asbestos abatement
contractor or certification as an asbestos hazard abatement
specialist, an asbestos hazard evaluation specialist, an asbestos
hazard abatement project designer, or an asbestos hazard
abatement air-monitoring technician, a person shall do all of the
following:
(1) Submit a completed application to the department of
health, on a form provided by the department;
(2) Pay the requisite fee as provided in division (D) of
this section;
(3) Submit any other information the public health council
by rule requires.
(C) The application form for a business entity or public
entity applying for an asbestos hazard abatement contractor's
license shall include all of the following:
(1) A description of the protective clothing and
respirators that the public entity will use to comply with rules
adopted by the public health council and that the business entity
will use to comply with requirements of the United States
occupational safety and health administration;
(2) A description of procedures the business entity or
public entity will use for the selection, utilization, handling,
removal, and disposal of clothing to prevent contamination or
recontamination of the environment and to protect the public
health from the hazards associated with exposure to asbestos;
(3) The name and address of each asbestos disposal site
that the business entity or public entity might use during the
year;
(4) A description of the site decontamination procedures
that the business entity or public entity will use;
(5) A description of the asbestos hazard abatement
procedures that the business entity or public entity will use;
(6) A description of the procedures that the business
entity or public entity will use for handling waste containing
asbestos;
(7) A description of the air-monitoring procedures that
the business entity or public entity will use to prevent
contamination or recontamination of the environment and to
protect the public health from the hazards of exposure to
asbestos;
(8) A description of the final clean-up procedures that
the business entity or public entity will use;
(9) A list of all partners, owners, and officers of the
business entity along with their social security numbers;
(10) The federal tax identification number of the business
entity or the public entity.
(D) The fees to be charged to each public entity and
business entity and their employees and agents for licensure,
certification, approval, and renewal of licenses, certifications,
and approvals granted under this chapter, subject to division
(A)(4) of section 3710.02 of the Revised Code, are:
(1) Five Seven hundred fifty dollars for asbestos hazard abatement
contractors;
(2) One Two hundred twenty-five dollars for asbestos hazard
abatement project designers;
(3) Twenty-five Fifty dollars for asbestos hazard abatement
workers;
(4) One Two hundred twenty-five dollars for asbestos hazard
abatement specialists;
(5) One Two hundred twenty-five dollars for asbestos hazard
evaluation specialists; and
(6) Seven Nine hundred fifty dollars for approval or renewal of
asbestos hazard training providers.
(E) Notwithstanding division (A) of this section, no
business entity which engages in asbestos hazard abatement
activities solely at its own place of business is required to be
licensed as an asbestos hazard abatement contractor provided that
the business entity is required to and does comply with all
applicable standards of the United States environmental
protection agency and the United States occupational safety and
health administration and provided further that all persons
employed by the business entity on the activity meet the
requirements of this chapter.
Sec. 3711.021. For the purposes of this chapter, a
maternity hospital or lying-in hospital includes a limited
maternity unit, which is a unit in a hospital that contains no
other maternity unit, in which care is provided during all or
part of the maternity cycle and newborns receive care in a
private room serving all antepartum, labor, delivery, recovery,
postpartum, and nursery needs.
The director of health may charge a maternity hospital or
lying-in hospital seeking an initial or renewal license under
this chapter a fee not exceeding the following:
(A) Three Four thousand eight hundred fifty forty-two dollars for a
hospital in which not less than two thousand births occurred the
previous calendar year;
(B) Three thousand three five hundred fifty seventeen dollars for a
hospital in which not more than one thousand nine hundred
ninety-nine and not less than one thousand births occurred the
previous calendar year;
(C) Two thousand eight nine hundred fifty ninety-two dollars for a
hospital in which not more than nine hundred ninety-nine and not
less than six hundred fifty births occurred the previous calendar
year;
(D) Two thousand three four hundred fifty sixty-seven dollars for a
hospital in which not more than six hundred forty-nine and not
less than four hundred fifty births occurred the previous
calendar year;
(E) One thousand eight nine hundred fifty forty-two dollars for a
hospital in which not more than four hundred forty-nine births
and not less than one hundred births occurred the previous
calendar year;
(F) One thousand three four hundred fifty seventeen dollars for a
hospital in which not more than ninety-nine births occurred the
previous calendar year.
The director shall deposit all fees collected under this
section into the general operations fund created under section
3701.83 of the Revised Code. Money generated by the fees shall
be used only for administration and enforcement of this chapter
and rules adopted under it.
Sec. 3721.02. (A) The director of health shall license homes
and establish procedures to be followed in inspecting and
licensing homes. The director may inspect a home at any time.
Each home shall be inspected by the director at least once prior
to the issuance of a license and at least once every fifteen
months thereafter. The state fire marshal or a township,
municipal, or other legally constituted fire department approved
by the marshal shall also inspect a home prior to issuance of a
license, at least once every fifteen months thereafter, and at
any
other time requested by the director. A home does not have
to be
inspected prior to issuance of a license by the director,
state
fire marshal, or a fire department if ownership of the home
is
assigned or transferred to a different person and the home was
licensed under this chapter immediately prior to the assignment
or
transfer. The director may enter at any time, for the
purposes of
investigation, any institution, residence, facility,
or other
structure
that has been reported to the director or
that the
director has reasonable cause to believe is operating as
a nursing
home, residential care facility, or
home for the aging without a
valid
license required by section 3721.05 of the Revised Code
or,
in the case of a county home or district home, is operating
despite the
revocation of its residential care facility license.
The director may
delegate the director's
authority
and duties
under this chapter to any division, bureau, agency, or official
of
the department of health.
(B) A single facility may be licensed both as a nursing home
pursuant to this chapter and as an adult care facility pursuant
to
Chapter 3722. of the Revised Code if the director determines
that
the part or unit to be licensed as a nursing home can be
maintained separate and discrete from the part or unit to be
licensed as an adult care facility.
(C) In determining the number of residents in a home for the
purpose of licensing, the director shall consider all the
individuals for whom the home provides accommodations as one
group
unless one of the following is the case:
(1) The home is a home for the aging, in which case all
the
individuals in the part or unit licensed as a nursing home
shall
be considered as one group, and all the individuals in the
part or
unit licensed as a rest home shall be considered as
another group.
(2) The home is both a nursing home and an adult care
facility. In that case, all the individuals in the part or unit
licensed as a nursing home shall be considered as one group, and
all the individuals in the part or unit licensed as an adult care
facility shall be considered as another group.
(3) The home maintains, in addition to a nursing home or
residential care facility, a separate and discrete part
or unit
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care
services
from the home, in which case the individuals in the
separate and
discrete part or unit shall not be considered in
determining the
number of residents in the home if the separate
and discrete part
or unit is in compliance with the Ohio basic
building code
established by the board of building standards under
Chapters
3781. and 3791. of the Revised Code and the home permits
the
director, on request, to inspect the separate and discrete
part
or unit and speak with the individuals residing there, if
they
consent, to determine whether the separate and discrete part
or
unit meets the requirements of this division.
(D) The director of health shall charge an application fee
and
an annual renewal licensing and inspection fee of one hundred
five dollars for each fifty persons or part thereof of a home's
licensed capacity. All fees collected by the director for the
issuance or renewal of licenses shall be deposited into the state
treasury to the credit of the general operations fund created in
section 3701.83 of the Revised Code for use only in administering
and enforcing this chapter and rules adopted under it.
(E)(1) Except as otherwise provided in this section, the
results of an inspection or investigation of a home
that is
conducted under this section, including any statement of
deficiencies and all findings and deficiencies cited in the
statement on the basis of the inspection or investigation, shall
be used solely to determine the home's compliance with this
chapter or another chapter of the Revised Code in any action or
proceeding other than an action commenced
under division (I) of
section 3721.17 of the Revised Code. Those
results of an
inspection or investigation, that
statement of
deficiencies, and
the findings and deficiencies cited
in that
statement shall not be
used in any court or in any action
or
proceeding that is pending
in any court and are not admissible
in
evidence in any action or
proceeding unless that action or
proceeding is an appeal of an
action by the department of health
under this chapter or is an
action by any department or agency of
the state to enforce this
chapter or another chapter of the Revised Code.
(2) Nothing in division (E)(1) of this section prohibits the
results of an inspection or investigation conducted under this
section from being used in a criminal investigation or
prosecution.
Sec. 3721.19. (A) As used in this section:
(1)
"Home" and
"residential care facility" have the same
meanings as in
section 3721.01 of the Revised Code;
(2)
"Sponsor" and
"residents' rights advocate" have the same
meanings as
in section 3721.10 of the Revised Code.
A home licensed under this chapter that is
not a party to a
provider agreement, as defined in section
5111.20 of the Revised
Code, shall provide each prospective
resident, before admission,
with the following information,
orally and in a separate written
notice on which is printed in a
conspicuous manner:
"This home is
not a participant in the
medical assistance program administered
by the Ohio department of
job and family services. Consequently,
you may be discharged from this
home if you are unable to pay for
the services provided by this
home."
If the prospective resident has a sponsor whose identity is
made known
to the home, the home shall also inform the sponsor,
before
admission of the resident, of the home's status relative to
the
medical assistance program. Written acknowledgement of the
receipt of the information shall be provided by the resident and,
if the prospective resident has a sponsor who has been identified
to the home, by the sponsor. The written acknowledgement shall
be
made part of the resident's record by the home.
No home shall terminate its status as a provider under the
medical assistance program unless it has complied with section 5111.24 of the Revised Code and, at least ninety days
prior to such termination, provided written notice to the
department of job and family services and residents of the home
and
their
sponsors of such action. This requirement shall not
apply in
cases where the department of job and family services
terminates a
home's
provider agreement or provider status.
(B) A home licensed under this chapter as a residential care
facility shall provide notice to each prospective resident or the
individual's
sponsor of the services offered by the facility and
the types of skilled
nursing care that the facility may provide.
A residential care facility that,
pursuant to section 3721.012 of
the Revised Code, has a
policy of entering into risk agreements
with residents or their sponsors shall
provide each prospective
resident or the individual's sponsor a
written explanation of the
policy and the provisions that may be
contained in a risk
agreement. At the time the information is
provided, the facility
shall obtain a statement signed by the
individual receiving the
information acknowledging that the
individual received the
information. The facility shall
maintain on file the individual's
signed statement.
(C) A resident has a cause of action against a home for
breach
of any duty imposed by this section. The action may be
commenced
by the resident, or on the resident's behalf by
the
resident's sponsor or a residents'
rights advocate, by the filing
of a civil action in the court of
common pleas of the county in
which the home is located, or in
the court of common pleas of
Franklin county.
If the court finds that a breach of any duty imposed by
this
section has occurred, the court shall enjoin the home from
discharging the resident from the home until arrangements
satisfactory to the court are made for the orderly transfer of
the
resident to another mode of health care including, but not
limited
to, another home, and may award the resident and a person
or
public agency that brings an action on behalf of a resident
reasonable attorney's fees. If a home discharges a resident to
whom or to whose sponsor information concerning its status
relative to the medical assistance program was not provided as
required under this section, the court shall grant any
appropriate
relief including, but not limited to, actual damages,
reasonable
attorney's fees, and costs.
Sec. 3721.56.
(A) Thirty and three-tenths per cent of
all
payments and
penalties paid by nursing
homes and hospitals
under
sections
3721.53 and 3721.54 of the
Revised Code
for fiscal
year
2002,
twenty-three and twenty-six-hundredths per
cent of
such
payments and penalties paid for fiscal years 2003
through
2005,
and all such payments and penalties paid for
subsequent
fiscal
years, shall be deposited into the "home and
community-based
services for the aged fund," which is hereby
created in the state
treasury. The departments of job and
family
services
and aging
shall use the moneys in the fund to fund the
following
in
accordance with rules adopted under section 3721.58
of the
Revised
Code:
(1) The medical assistance medicaid program established under
Chapter
5111. of the Revised Code;
(2) The PASSPORT program established under section 173.40
of
the Revised Code;
(3) The residential state supplement program
established
under section 173.35 of the Revised Code.
(B) Sixty-nine and seven-tenths per cent of all payments and
penalties paid by
nursing homes and hospitals under sections
3721.53 and 3721.54 of
the Revised Code for fiscal
year 2002,
and
seventy-six and seventy-four-hundredths per cent of such
payments
and penalties paid for fiscal years
2003
through 2005,
shall be
deposited
into the nursing facility stabilization
fund,
which is
hereby
created in the state treasury. The
department of
job and
family
services shall use the money in the
fund in the
manner
provided by
Am. Sub. H.B. 94
and Am. Sub. S.B. 261 of the
124th
general assembly to make payments to nursing facilities under the medicaid program.
Sec. 3721.561. Any money remaining in the nursing facility stabilization fund created under section 3721.56 of the Revised Code after payments specified in division (B) of that section are made for fiscal years 2002 through 2005 shall be retained in the fund. Any interest or other investment proceeds earned on money in the fund shall be credited to the fund and used to make payments in accordance with division (B) of section 3721.56 of the Revised Code.
Sec. 3722.15. (A) The following may enter an adult care
facility at any time:
(1) Employees designated by the director of
health;
(2) Employees designated by the director of aging;
(3) Employees
designated by the attorney general;
(4) Employees designated by a
county department of job and
family services to implement
sections 5101.60
to 5101.71 5101.70 of the
Revised Code on behalf of a county department of job and family services or designated agency, as defined in section 5101.60 of the Revised Code;
(5) Persons employed pursuant to
division (M) of section
173.01 of the Revised Code in the
long-term care facilities
ombudsperson program;
(6) Employees of the department of mental health designated
by the
director of mental health;
(7) Employees of a mental health agency,
if the agency
has a
client residing in the facility;
(8) Employees of a board of alcohol, drug addiction, and
mental
health services, when authorized by section 340.05 of the
Revised
Code or if an individual receiving mental health services
provided by
the board pursuant to
division (A)(8)(b) of section
340.03 of the Revised Code or a
mental health agency under
contract with the board resides in the
facility.
These
employees shall be afforded
access to all records of
the facility, including records
pertaining to residents, and may
copy the records. Neither these
employees nor the director of
health shall release, without
consent, any information obtained
from the records of an adult
care facility that reasonably would
tend to identify a specific
resident of the facility, except as
ordered by a court of
competent jurisdiction.
(B) The following persons may enter any adult care
facility
during reasonable hours:
(1) A resident's sponsor;
(2) Residents' rights advocates;
(3) A resident's attorney;
(4) A minister, priest, rabbi, or other person ministering
to a resident's religious needs;
(5) A physician or other person providing health care
services to a resident;
(6) Employees authorized by county departments of job and
family
services and local boards of health or health departments
to
enter adult care facilities;
(7) A prospective resident and prospective resident's
sponsor.
(C) The manager of an adult care facility may require a
person seeking to enter the facility to present identification
sufficient to identify the person as an authorized person
under
this section.
Sec. 3722.16. (A) No person shall:
(1) Operate an adult care facility unless the facility is
validly licensed by the director of health under section 3722.04
of the Revised Code;
(2) Admit to an adult care facility more residents than
the
number authorized in the facility's license;
(3) Admit a resident to an adult care facility after the
director has issued an order pursuant to section 3722.07 of the
Revised Code suspending admissions to the facility. Violation of
division (A)(3) of this section is cause for revocation of the
facility's license.
(4) Interfere with any authorized inspection of an adult
care facility conducted pursuant to section 3722.02 or 3722.04 of
the Revised Code;
(5) Violate any of the provisions of this chapter or any
of
the rules adopted pursuant to it.
(B) No adult care facility shall provide, or admit or
retain
any resident in need of, skilled nursing care unless all of
the
following are the case:
(1) The care will be provided on a part-time, intermittent
basis for not more than a total of one hundred twenty days in any
twelve-month period by one or more of the following:
(a) A home health agency certified under Title XVIII of
the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,
as
amended:
(b) A hospice care program licensed under Chapter 3712. of
the Revised Code;
(c) A nursing home licensed under Chapter 3721. of the
Revised Code and owned and operated by the same person and
located
on the same site as the adult care facility;
(d) A mental health agency or, pursuant to division
(A)(8)(b) of section 340.03 of the Revised Code, a board of
alcohol, drug addiction,
and mental health services.
(2) The staff of the home health agency, hospice care
program, nursing home, mental health agency, or board of
alcohol,
drug addiction, and mental health services does not train
facility
staff to provide
the skilled nursing care;
(3) The individual to whom the skilled nursing care is
provided is suffering from a short-term illness;
(4) If the skilled nursing care is to be provided by the
nursing staff of a nursing home, all of the following are the
case:
(a) The adult care facility evaluates the individual
receiving the skilled nursing care at least once every seven days
to determine whether the individual should be transferred to
a
nursing home;
(b) The adult care facility meets at all times staffing
requirements established by rules adopted under section 3722.10
of
the Revised Code;
(c) The nursing home does not include the cost of
providing
skilled nursing care to the adult care facility
residents in a
cost report filed under section 5111.26 5111.23 of the
Revised Code;
(d) The nursing home meets at all times the nursing home
licensure staffing ratios established by rules adopted under
section 3721.04 of the Revised Code;
(e) The nursing home staff providing skilled nursing care
to
adult care facility residents are registered nurses or
licensed
practical nurses licensed under Chapter 4723. of the
Revised Code
and meet the personnel qualifications for nursing
home staff
established by rules adopted under section 3721.04 of
the Revised
Code;
(f) The skilled nursing care is provided in accordance
with
rules established for nursing homes under section 3721.04 of
the
Revised Code;
(g) The nursing home meets the skilled nursing care needs
of
the adult care facility residents;
(h) Using the nursing home's nursing staff does not
prevent
the nursing home or adult care facility from meeting the
needs of
the nursing home and adult care facility residents in a
quality
and timely manner.
Notwithstanding section 3721.01 of the Revised Code, an
adult
care facility in which residents receive skilled nursing
care as
described in division (B) of this section is not a
nursing home.
No adult care facility shall provide skilled
nursing care.
(C) A home health agency or hospice care program that
provides skilled nursing care pursuant to division (B) of this
section may not be associated with the adult care facility unless
the facility is part of a home for the aged as defined in section
5701.13 of the Revised Code or the adult care facility is owned
and operated by the same person and located on the same site as a
nursing home licensed under Chapter 3721. of the Revised Code
that
is associated with the home health agency or hospice care
program.
In addition, the following requirements shall be met:
(1) The adult care facility shall evaluate the individual
receiving the skilled nursing care not less than once every seven
days to determine whether the individual should be
transferred to
a nursing
home;
(2) If the costs of providing the skilled nursing care are
included in a cost report filed pursuant to section 5111.26 5111.23 of
the
Revised Code by the nursing home that is part of the same
home for
the aged, the home health agency or hospice care program
shall not
seek reimbursement for the care under the medical
assistance
program established under Chapter 5111. of the Revised
Code.
(D)(1) No person knowingly shall place or recommend
placement of any person in an adult care facility that is
operating without a license.
(2) No employee of a unit of local or state government,
board of
alcohol, drug addiction, and mental
health
services,
mental health agency, or
PASSPORT administrative agency shall
place or recommend placement of any person in an adult care
facility if the employee knows that the facility cannot meet the
needs of the potential resident.
(3) No person who has reason to believe that an adult care
facility is operating without a license shall fail to report this
information to the director of health.
(E) In accordance with Chapter 119. of the Revised Code,
the
public health council shall adopt rules that define a
short-term
illness for purposes of division (B)(3) of this
section and
specify, consistent with rules pertaining to home
health care
adopted by the director of job and family
services under the
medical assistance program established under Chapter 5111. of the
Revised Code and Title XIX of the "Social Security Act," 49
Stat.
620 (1935), 42 U.S.C. 301, as amended, what constitutes a
part-time, intermittent basis for purposes of division (B)(1) of
this section.
Sec. 3727.17. Each hospital shall provide a staff person
to
do all of the following:
(A) Meet with each unmarried mother who gave birth in or
en
route to the hospital within twenty-four hours after the birth
or
before the mother is released from the hospital;
(B) Attempt to meet with the father of the unmarried
mother's child if possible;
(C) Explain to the unmarried mother and the father, if the
father is present, the benefit to the child of establishing a
parent and
child relationship between the father and the child and
the
various proper procedures for establishing a parent and child
relationship;
(D) Present to the unmarried mother and, if possible, the
father, the pamphlet or statement regarding the rights and
responsibilities of a natural parent prepared by the department
of
job and family services pursuant to section
3111.32 of the
Revised
Code;
(E) Provide the unmarried mother, and if possible the
father, all forms and statements
necessary to
voluntarily
establish a parent and child relationship, including
the
acknowledgment of paternity form prepared by the
department of job
and family services pursuant to section
3111.31 of the Revised
Code;
(F) Explain to the mother and father the availability of immediate genetic testing at the hospital to establish the parent and child relationship and that the test is at no cost to the mother or father;
(G) Upon both the mother's and father's request, help the
mother and father complete any specific form or statement
necessary to
establish a parent and child relationship;
(G)(H) Present to an unmarried mother who is not a recipient
of
medicaid or a participant in Ohio works first an application for
Title IV-D
services;
(H)(I) Mail the
voluntary acknowledgment of paternity, no later
than ten days after
it is completed, to the office
of child
support in the department of job and family services.
Each hospital shall provide a notary public to notarize an
acknowledgment
of paternity signed by the mother and father.
If a
hospital knows or
determines that a man is presumed under section
3111.03 of the
Revised Code to be the father of the child
described in this section and that the presumed father is not the
man who
signed or is attempting to sign an acknowledgment with
respect to the
child, the hospital shall take no further
action
with regard to the acknowledgment and shall not mail
the
acknowledgment pursuant to this
section.
A hospital may contract with a person or government
entity to
fulfill its responsibilities under this section and
sections
3111.71 to 3111.74 of the
Revised
Code. Services provided by a
hospital under this section or pursuant to a contract under
sections 3111.71 and 3111.77 of the
Revised Code do not constitute
the
practice of law. A hospital shall not be subject to criminal
or
civil liability for any damage or injury alleged to result from
services provided pursuant to this section or
sections 3111.71 to
3111.74 of the Revised
Code unless the hospital acted with
malicious purpose, in bad faith, or in a
wanton or reckless
manner.
Sec. 3733.43. (A) Except as otherwise provided in this
division, prior to the fifteenth day of April in each year, every
person who intends to operate an agricultural labor camp shall
make application to the licensor for a license to operate such
camp, effective for the calendar year in which it is issued. The
licensor may accept an application on or after the fifteenth day
of April. The license fees specified in this division shall be
submitted to the licensor with the application for a license. No
agricultural labor camp shall be operated in this state without a
license. Any person operating an agricultural labor camp without
a current and valid agricultural labor camp license is not
excepted from compliance with sections 3733.41 to 3733.49 of the
Revised Code by holding a valid and current hotel license. Each
person proposing to open an agricultural labor camp shall submit
with the application for a license any plans required by any rule
adopted under section 3733.42 of the Revised Code. The annual
license fee is twenty seventy-five dollars, unless the application for a
license is made on or after the fifteenth day of April, in which
case the annual license fee is forty one hundred dollars. An additional fee
of three ten dollars per housing unit per year shall be assessed to
defray the costs of enforcing sections 3733.41 to 3733.49 of the
Revised Code, unless the application for a license is made on or
after the fifteenth day of April, in which case an additional fee
of six fifteen dollars per housing unit shall be assessed. All fees
collected under this division shall be deposited in the state
treasury to the credit of the general operations fund created in
section 3701.83 of the Revised Code and shall be used for the
administration and enforcement of sections 3733.41 to 3733.49 of
the Revised Code and rules adopted thereunder.
(B) Any license under this section may be denied,
suspended, or revoked by the licensor for violation of sections
3733.41 to 3733.49 of the Revised Code or the rules adopted
thereunder. Unless there is an immediate serious public health
hazard, no denial, suspension, or revocation of a license shall
be made effective until the person operating the agricultural
labor camp has been given notice in writing of the specific
violations and a reasonable time to make corrections. When the
licensor determines that an immediate serious public health
hazard exists, he the licensor shall issue an order denying or
suspending the
license without a prior hearing.
(C) All proceedings under this section are subject to
Chapter 119. of the Revised Code except as provided in section
3733.431 of the Revised Code.
(D) Every occupant of an agricultural labor camp shall
keep that part of the dwelling unit, and premises thereof, that
he the occupant occupies and controls in a clean and sanitary
condition.
Sec. 3733.45. (A) The licensor shall inspect all
agricultural labor camps and shall require compliance with
sections 3733.41 to 3733.49 of the Revised Code and the rules
adopted thereunder prior to the issuance of a license. Upon
receipt of a complaint from the migrant agricultural ombudsman
ombudsperson or
upon the basis of a licensor's own information that an
agricultural labor camp is operating without a license, the
licensor shall inspect the camp. If the camp is operating
without a license, the licensor shall require the camp to comply
with sections 3733.41 to 3733.49 of the Revised Code and the
rules adopted under those sections. No license shall be issued
unless results of water supply tests indicate that the water
supply meets required standards or if any violations exist
concerning sanitation, drainage, or habitability of housing
units.
(B) The licensor shall, upon issuance of each license,
distribute posters containing the toll-free telephone number of
the migrant agricultural ombudsman ombudsperson established in
section 3733.49
of the Revised Code and information in English and Spanish
describing the purpose of the ombudsman's ombudsperson's office,
as provided in
that section. The licensor shall provide at least two posters to
the licensee, one for his the licensee's personal use and at
least one that
shall be posted in a conspicuous place within the camp.
(C) The licensor may, upon proper identification to the
operator or his the operator's agent, enter on any property or
into any
structure at any reasonable time for the purpose of making
inspections required by this section.
The licensor shall make at least one inspection prior to
licensing, and at least two inspections during occupancy of the
camps, at least one of which shall be an unannounced evening
inspection conducted after five p.m. The licensor shall
determine and record housing unit occupancy during each evening
inspection. The licensor shall make such other inspections as he
the licensor
considers necessary to enforce sections 3733.41 to 3733.49 of the
Revised Code adequately.
(D) Any plans submitted to the licensor shall be in
compliance with rules adopted pursuant to section 3733.42 of the
Revised Code and shall be approved or disapproved within thirty
days after they are filed.
(E) All designees of the licensor who conduct inspections
in the evening in accordance with this section shall speak both
English and Spanish fluently. At least one member of the
permanent staff assigned to conduct inspections in accordance
with this section shall speak both English and Spanish fluently.
(F) The licensor shall issue an annual report that shall
accurately reflect the results of that year's inspections,
including, but not limited to, numbers of pre- and post-occupancy
inspections, number of violations found, and action taken in
regard to violations. The report shall also include an
assessment of any problems found in that year and proposed
solutions for them.
Sec. 3734.02. (A) The director of environmental
protection, in accordance with Chapter 119. of the Revised Code,
shall adopt and may amend, suspend, or rescind rules having
uniform application throughout the state governing solid waste
facilities and the inspections of and issuance of permits and
licenses for all solid waste facilities in order to ensure that
the facilities will be located, maintained, and operated, and
will undergo closure and post-closure care, in a sanitary manner
so as not to create a nuisance, cause or contribute to water
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2
or 40 C.F.R. 257.3-8, as amended. The rules may include, without
limitation, financial assurance requirements for closure and
post-closure care and corrective action and requirements for
taking corrective action in the event of the surface or
subsurface discharge or migration of explosive gases or leachate
from a solid waste facility, or of ground water contamination
resulting from the transfer or disposal of solid wastes at a
facility, beyond the boundaries of any area within a facility
that is operating or is undergoing closure or post-closure care
where solid wastes were disposed of or are being disposed of.
The rules shall not concern or relate to personnel policies,
salaries, wages, fringe benefits, or other conditions of
employment of employees of persons owning or operating solid
waste facilities. The director, in accordance with Chapter 119.
of the Revised Code, shall adopt and may amend, suspend, or
rescind rules governing the issuance, modification, revocation,
suspension, or denial of variances from the director's solid
waste rules,
including, without limitation, rules adopted under this
chapter governing the management of scrap tires.
Variances shall be issued, modified, revoked, suspended, or
rescinded in accordance with this division, rules adopted under
it, and Chapter 3745. of the Revised Code. The director may
order the person to whom a variance is issued to take such action
within such time as the director may determine to be appropriate
and reasonable to prevent the creation of a nuisance or a hazard
to the public health or safety or the environment. Applications
for variances shall contain such detail plans, specifications,
and information regarding objectives, procedures, controls, and
other pertinent data as the director may require. The director
shall grant a variance only if the applicant demonstrates to the
director's satisfaction that construction and operation of the
solid waste facility in the manner allowed by the variance and
any terms or conditions imposed as part of the variance will not
create a nuisance or a hazard to the public health or safety or
the environment. In granting any variance, the director shall
state the specific provision or provisions whose terms are to be
varied and also shall state specific terms or conditions imposed
upon the applicant in place of the provision or provisions. The
director may hold a public hearing on an application for a
variance or renewal of a variance at a location in the county
where the operations that are the subject of the application for
the variance are conducted. The director shall give not less
than twenty days' notice of the hearing to the applicant by
certified mail and shall publish at least one notice of the
hearing in a newspaper with general circulation in the county
where the hearing is to be held. The director shall make
available for public inspection at the principal office of the
environmental protection agency a current list of pending
applications for variances and a current schedule of pending
variance hearings. The director shall make a complete
stenographic record of testimony and other evidence submitted at
the hearing. Within ten days after the hearing, the director
shall make a written determination to issue, renew, or deny the
variance and shall enter the determination and the basis for it
into the record of the hearing. The director shall issue, renew,
or deny an application for a variance or renewal of a variance
within six months of the date upon which the director receives a
complete application with all pertinent information and data
required. No variance shall be issued, revoked, modified, or
denied until the director has considered the relative interests
of the applicant, other persons and property affected by the
variance, and the general public. Any variance granted under
this division shall be for a period specified by the director and
may be renewed from time to time on such terms and for such
periods as the director determines to be appropriate. No
application shall be denied and no variance shall be revoked or
modified without a written order stating the findings upon which
the denial, revocation, or modification is based. A copy of the
order shall be sent to the applicant or variance holder by
certified mail.
(B) The director shall prescribe and furnish the forms
necessary to administer and enforce this chapter. The director
may cooperate with and enter into agreements with other state,
local, or federal agencies to carry out the purposes of this
chapter. The director may exercise all incidental powers
necessary to carry out the purposes of this chapter.
The director may use moneys in the infectious waste
management fund created in section 3734.021 of the Revised Code
exclusively for administering and enforcing the provisions of
this chapter governing the management of infectious wastes. Of
each registration and renewal fee collected under rules adopted
under division (A)(2)(a) of section 3734.021 or under section
3734.022 of the Revised Code, the director, within forty-five
days of its receipt, shall remit from the fund one-half of the
fee received to the board of health of the health district in
which the registered premises is located, or, in the instance of
an infectious wastes transporter, to the board of health of the
health district in which the transporter's principal place of
business is located. However, if the board of health having
jurisdiction over a registrant's premises or principal place of
business is not on the approved list under section 3734.08 of the
Revised Code, the director shall not make that payment to the
board of health.
(C) Except as provided in this division and divisions
(N)(2) and (3) of this section, no person shall establish a
new solid
waste facility or infectious waste treatment facility, or modify
an existing solid waste facility or infectious waste treatment
facility, without submitting an application for a permit with
accompanying detail plans, specifications, and information
regarding the facility and method of operation and receiving a
permit issued by the director, except that no permit shall be
required under this division to install or operate a solid waste
facility for sewage sludge treatment or disposal when the
treatment or disposal is authorized by a current permit issued
under Chapter 3704. or 6111. of the Revised Code.
No person shall continue to operate a solid waste facility
for which the director has denied a permit for which an
application was required under division (A)(3) of section 3734.05
of the Revised Code, or for which the director has disapproved
plans and specifications required to be filed by an order issued
under division (A)(5) of that section, after the date prescribed
for commencement of closure of the facility in the order issued
under division (A)(6) of section 3734.05 of the Revised Code
denying the permit application or approval.
On and after the effective date of the rules adopted under
division (A) of this section and division (D) of section 3734.12
of the Revised Code governing solid waste transfer facilities, no
person shall establish a new, or modify an existing, solid waste
transfer facility without first submitting an application for a
permit with accompanying engineering detail plans,
specifications, and information regarding the facility and its
method of operation to the director and receiving a permit issued
by the director.
No person shall establish a new compost facility or
continue to operate an existing compost facility that accepts
exclusively source separated yard wastes without submitting a
completed registration for the facility to the director in
accordance with rules adopted under divisions (A)
and (N)(3) of this section.
This division does not apply to an infectious waste
treatment facility that meets any of the following conditions:
(1) Is owned or operated by the generator of the wastes
and exclusively treats, by methods, techniques, and practices
established by rules adopted under division (C)(1) or (3) of
section 3734.021 of the Revised Code, wastes that are generated
at any premises owned or operated by that generator regardless of
whether the wastes are generated on the premises where the
generator's treatment facility is located or, if the generator is
a hospital as defined in section 3727.01 of the Revised Code,
infectious wastes that are described in division (A)(1)(g), (h), or (i) of
section 3734.021 of the Revised Code;
(2) Holds a license or renewal of a license to operate a crematory
facility issued under Chapter
4717. and a permit issued under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof,
or the blood of animals, and is subject to any of the following:
(a) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;
(b) Chapter 918. of the Revised Code;
(c) Chapter 953. of the Revised Code.
(D) Neither this chapter nor any rules adopted under it
apply to single-family residential premises; to infectious wastes
generated by individuals for purposes of their own care or
treatment that are disposed of with solid wastes from the
individual's residence; to the temporary storage of solid wastes,
other than scrap tires, prior to their collection for disposal;
to the storage of one hundred or fewer scrap tires unless they
are stored in such a manner that, in the judgment of the director
or the board of health of the health district in which the scrap
tires are stored, the storage causes a nuisance, a hazard to
public health or safety, or a fire hazard; or to the collection
of solid wastes, other than scrap tires, by a political
subdivision or a person holding a franchise or license from a
political subdivision of the state; to composting, as defined in
section 1511.01 of the Revised Code, conducted in accordance with
section 1511.022 of the Revised Code; or to any person who is
licensed to transport raw rendering material to a compost
facility pursuant to section 953.23 of the Revised Code.
(E)(1) As used in this division and section 3734.18 of the
Revised Code:
(a) "On-site facility" means a facility that stores,
treats, or disposes of hazardous waste that is generated on the
premises of the facility.
(b) "Off-site facility" means a facility that stores,
treats, or disposes of hazardous waste that is generated off the
premises of the facility and includes such a facility that is
also an on-site facility.
(c) "Satellite facility" means any of the following:
(i) An on-site facility that also receives hazardous waste
from other premises owned by the same person who generates the
waste on the facility premises;
(ii) An off-site facility operated so that all of the
hazardous waste it receives is generated on one or more premises
owned by the person who owns the facility;
(iii) An on-site facility that also receives hazardous
waste that is transported uninterruptedly and directly to the facility
through a pipeline from a generator who is not the owner of the
facility.
(2) Except as provided in division (E)(3)
of this section, no person shall establish or operate a hazardous
waste facility, or use a solid waste facility for the storage,
treatment, or disposal of any hazardous waste, without a
hazardous waste facility installation and operation permit from
the hazardous waste facility board issued in accordance with
section 3734.05 of the Revised Code and subject to the payment of
an application fee not to exceed one thousand five hundred
dollars, payable upon application for a hazardous waste facility
installation and operation permit and upon application for a
renewal permit issued under division (H) of section 3734.05 of
the Revised Code, to be credited to the hazardous waste facility
management fund created in section 3734.18 of the Revised Code.
The term of a hazardous waste facility installation and operation
permit shall not exceed five years.
In addition to the application fee, there is hereby levied
an annual permit fee to be paid by the permit holder upon the
anniversaries of the date of issuance of the hazardous waste
facility installation and operation permit and of any subsequent
renewal permits and to be credited to the hazardous waste
facility management fund. Annual permit fees totaling forty
thousand dollars or more for any one facility may be paid on a
quarterly basis with the first quarterly payment each year being
due on the anniversary of the date of issuance of the hazardous
waste facility installation and operation permit and of any
subsequent renewal permits. The annual permit fee shall be
determined for each permit holder by the director in accordance
with the following schedule:
TYPE OF BASIC |
|
|
|
|
MANAGEMENT UNIT |
|
TYPE OF FACILITY |
|
FEE |
Storage facility using: |
|
|
|
|
Containers |
|
On-site, off-site, and |
|
|
|
|
satellite |
|
$ 500 |
Tanks |
|
On-site, off-site, and |
|
|
|
|
satellite |
|
500 |
Waste pile |
|
On-site, off-site, and |
|
|
|
|
satellite |
|
3,000 |
Surface impoundment |
|
On-site and satellite |
|
8,000 |
|
|
Off-site |
|
10,000 |
Disposal facility using: |
|
|
|
|
Deep well injection |
|
On-site and satellite |
|
15,000 |
|
|
Off-site |
|
25,000 |
Landfill |
|
On-site and satellite |
|
25,000 |
|
|
Off-site |
|
40,000 |
Land application |
|
On-site and satellite |
|
2,500 |
|
|
Off-site |
|
5,000 |
Surface impoundment |
|
On-site and satellite |
|
10,000 |
|
|
Off-site |
|
20,000 |
Treatment facility using: |
|
|
|
|
Tanks |
|
On-site, off-site, and |
|
|
|
|
satellite |
|
700 |
Surface impoundment |
|
On-site and satellite |
|
8,000 |
|
|
Off-site |
|
10,000 |
Incinerator |
|
On-site and satellite |
|
5,000 |
|
|
Off-site |
|
10,000 |
Other forms |
|
|
|
|
of treatment |
|
On-site, off-site, and |
|
|
|
|
satellite |
|
1,000 |
In determining the annual permit fee required by this
section, the director shall not require additional payments for
multiple units of the same method of storage, treatment, or
disposal or for individual units that are used for both storage
and treatment. A facility using more than one method of storage,
treatment, or disposal shall pay the permit fee indicated by the
schedule for each such method.
The director shall not require the payment of that portion
of an annual permit fee of any permit holder that would apply to
a hazardous waste management unit for which a permit has been
issued, but for which construction has not yet commenced. Once
construction has commenced, the director shall require the
payment of a part of the appropriate fee indicated by the
schedule that bears the same relationship to the total fee that
the number of days remaining until the next anniversary date at
which payment of the annual permit fee is due bears to three
hundred sixty-five.
The director, by rules adopted in accordance with Chapters
119. and 3745. of the Revised Code, shall prescribe procedures
for collecting the annual permit fee established by this division
and may prescribe other requirements necessary to carry out this
division.
(3) The prohibition against establishing or operating a hazardous
waste
facility without a hazardous waste facility installation and operation permit
from the
board does not apply to either of the following:
(a) A facility that is operating in accordance with a permit
renewal issued under division (H) of section
3734.05 of the Revised
Code, a revision issued under division
(I) of that section as it existed prior to August 20, 1996, or
a
modification issued by the
director under division (I) of that section on and after August 20,
1996;
(b) Except as provided in division (J) of section
3734.05 of the Revised Code, a facility that will operate or is operating in
accordance
with a permit by rule, or that is not subject to permit requirements, under
rules adopted by the director. In accordance with
Chapter 119. of the
Revised Code,
the director shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division
(E)(3)(b) of this section.
Any rules so adopted shall be consistent with and equivalent to regulations
pertaining to interim status adopted under the "Resource
Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended, except as
otherwise provided in this chapter.
If a modification is requested or proposed for a facility described in
division (E)(3)(a) or (b) of this section,
division (I)(8)(7) of section 3734.05 of the Revised
Code applies.
(F) No person shall store, treat, or dispose of hazardous
waste identified or listed under this chapter and rules adopted
under it, regardless of whether generated on or off the premises
where the waste is stored, treated, or disposed of, or transport
or cause to be transported any hazardous waste identified or
listed under this chapter and rules adopted under it to any other
premises, except at or to any of the following:
(1) A hazardous waste facility operating under a permit
issued in accordance with this chapter;
(2) A facility in another state operating under a license
or permit issued in accordance with the "Resource Conservation
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended;
(3) A facility in another nation operating in accordance
with the laws of that nation;
(4) A facility holding a permit issued pursuant to Title I
of the "Marine Protection, Research, and Sanctuaries Act of
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended;
(5) A hazardous waste facility as described in division
(E)(3)(a) or (b) of this section.
(G) The director, by order, may exempt any person
generating, collecting, storing, treating, disposing of, or
transporting solid wastes or hazardous waste, or processing solid
wastes that consist of scrap tires, in such quantities or under
such circumstances that, in the determination of the director,
are unlikely to adversely affect the public health or safety or
the environment from any requirement to obtain a registration
certificate, permit, or license or comply with the manifest
system or other requirements of this chapter. Such an exemption
shall be consistent with and equivalent to any regulations
adopted by the administrator of the United States environmental
protection agency under the "Resource Conservation and Recovery
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except
as otherwise provided in this chapter.
(H) No person shall engage in filling, grading,
excavating, building, drilling, or mining on land where a
hazardous waste facility, or a solid waste facility, was operated
without prior authorization from the director, who shall
establish the procedure for granting such authorization by rules
adopted in accordance with Chapter 119. of the Revised Code.
A public utility that has main or distribution lines above
or below the land surface located on an easement or right-of-way
across land where a solid waste facility was operated may engage
in any such activity within the easement or right-of-way without
prior authorization from the director for purposes of performing
emergency repair or emergency replacement of its lines; of the
poles, towers, foundations, or other structures supporting or
sustaining any such lines; or of the appurtenances to those
structures, necessary to restore or maintain existing public
utility service. A public utility may enter upon any such
easement or right-of-way without prior authorization from the
director for purposes of performing necessary or routine
maintenance of those portions of its existing lines; of the
existing poles, towers, foundations, or other structures
sustaining or supporting its lines; or of the appurtenances to
any such supporting or sustaining structure, located on or above
the land surface on any such easement or right-of-way. Within
twenty-four hours after commencing any such emergency repair,
replacement, or maintenance work, the public utility shall
notify the director or the director's authorized
representative of those
activities and shall provide such information regarding those
activities as the director or the director's representative
may request. Upon completion of the emergency repair,
replacement, or
maintenance activities, the public utility shall restore any
land of the solid waste facility disturbed by those activities to
the condition existing prior to the commencement of those
activities.
(I) No owner or operator of a hazardous waste facility, in
the operation of the facility, shall cause, permit, or allow the
emission therefrom of any particulate matter, dust, fumes, gas,
mist, smoke, vapor, or odorous substance that, in the opinion of
the director, unreasonably interferes with the comfortable
enjoyment of life or property by persons living or working in the
vicinity of the facility, or that is injurious to public health.
Any such action is hereby declared to be a public nuisance.
(J) Notwithstanding any other provision of this chapter,
in the event the director finds an imminent and substantial
danger to public health or safety or the environment that creates
an emergency situation requiring the immediate treatment,
storage, or disposal of hazardous waste, the director may issue a
temporary emergency permit to allow the treatment, storage, or
disposal of the hazardous waste at a facility that is not
otherwise authorized by a hazardous waste facility installation
and operation permit to treat, store, or dispose of the waste.
The emergency permit shall not exceed ninety days in duration and
shall not be renewed. The director shall adopt, and may amend,
suspend, or rescind, rules in accordance with Chapter 119. of the
Revised Code governing the issuance, modification, revocation,
and denial of emergency permits.
(K) No owner or operator of a sanitary landfill shall
knowingly accept for disposal, or dispose of, any infectious
wastes, other than those subject to division (A)(1)(c) of section
3734.021 of the Revised Code, that have not been treated to
render them noninfectious. For the purposes of this division,
certification by the owner or operator of the treatment facility
where the wastes were treated on the shipping paper required by
rules adopted under division (D)(2) of that section creates a
rebuttable presumption that the wastes have been so treated.
(L) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt, and may amend, suspend, or rescind,
rules having uniform application throughout the state
establishing a training and certification program that shall be
required for employees of boards of health who are responsible
for enforcing the solid waste and infectious waste provisions of
this chapter and rules adopted under them and for persons who are
responsible for the operation of solid waste facilities or
infectious waste treatment facilities. The rules shall provide
all of the following, without limitation:
(1) The program shall be administered by the director and
shall consist of a course on new solid waste and infectious waste
technologies, enforcement procedures, and rules;
(2) The course shall be offered on an annual basis;
(3) Those persons who are required to take the course
under division (L) of this section shall do so triennially;
(4) Persons who successfully complete the course shall be
certified by the director;
(5) Certification shall be required for all employees of
boards of health who are responsible for enforcing the solid
waste or infectious waste provisions of this chapter and rules
adopted under them and for all persons who are responsible for
the operation of solid waste facilities or infectious waste
treatment facilities;
(6)(a) All employees of a board of health who, on the
effective date of the rules adopted under this division, are
responsible for enforcing the solid waste or infectious waste
provisions of this chapter and the rules adopted under them shall
complete the course and be certified by the director not later
than January 1, 1995;
(b) All employees of a board of health who, after the
effective date of the rules adopted under division (L)
of this section, become responsible for enforcing the solid waste or
infectious waste
provisions of this chapter and rules adopted under them and who
do not hold a current and valid certification from the director
at that time shall complete the course and be certified by the
director within two years after becoming responsible for
performing those activities.
No person shall fail to obtain the certification required
under this division.
(M) The director shall not issue a permit under section
3734.05 of the Revised Code to establish a solid waste facility,
or to modify a solid waste facility operating on December 21,
1988, in a manner that expands the disposal capacity or
geographic area covered by the facility, that is or is to be
located within the boundaries of a state park established or
dedicated under Chapter 1541. of the Revised Code, a state park
purchase area established under section 1541.02 of the Revised
Code, any unit of the national park system, or any property that
lies within the boundaries of a national park or recreation area,
but that has not been acquired or is not administered by the
secretary of the United States department of the interior,
located in this state, or any candidate area located in this
state and identified for potential inclusion in the national park
system in the edition of the "national park system plan"
submitted under paragraph (b) of section 8 of "The Act of August
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at
the time of filing of the application for the permit, unless the
facility or proposed facility is or is to be used exclusively for
the disposal of solid wastes generated within the park or
recreation area and the director determines that the facility or
proposed facility will not degrade any of the natural or cultural
resources of the park or recreation area. The director shall not
issue a variance under division (A) of this section and rules
adopted under it, or issue an exemption order under division (G)
of this section, that would authorize any such establishment or
expansion of a solid waste facility within the boundaries of any
such park or recreation area, state park purchase area, or
candidate area, other than a solid waste facility exclusively for
the disposal of solid wastes generated within the park or
recreation area when the director determines that the facility
will not degrade any of the natural or cultural resources of the
park or recreation area.
(N)(1) The rules adopted under division (A) of this
section, other than those governing variances, do not apply to
scrap tire collection, storage, monocell, monofill, and recovery
facilities. Those facilities are subject to and governed by
rules adopted under sections 3734.70 to 3734.73 of the Revised
Code, as applicable.
(2) Division (C) of this section does not apply to scrap
tire collection, storage, monocell, monofill, and recovery
facilities. The establishment and modification of those
facilities are subject to sections 3734.75 to 3734.78 and section
3734.81 of the Revised Code, as applicable.
(3) The director may adopt, amend, suspend, or rescind rules
under
division (A) of this section creating an alternative system for
authorizing the establishment, operation, or modification of a
solid waste compost facility in lieu of the requirement that a
person seeking to establish, operate, or modify a solid waste
compost facility apply for and receive a permit under division (C)
of this section and section 3734.05 of the Revised Code and a
license under division (A)(1) of that section. The rules may
include requirements governing, without limitation, the classification of
solid waste compost
facilities, the submittal of operating records for solid waste
compost facilities, and the creation of a registration or
notification system in lieu of the issuance of permits and
licenses for solid waste compost facilities. The rules shall
specify the applicability of divisions (A)(1),
(2)(a), (3), and
(4) of section 3734.05 of the Revised Code to a solid waste
compost facility.
Sec. 3734.05. (A)(1) Except as provided in divisions
(A)(4), (8), and (9) of this section, no person shall operate
or maintain a solid waste facility without a license issued under
this division by the board of health of the health district in
which the facility is located or by the director of environmental
protection when the health district in which the facility is
located is not on the approved list under section 3734.08 of the
Revised Code.
During the month of December, but before the first day of
January of the next year, every person proposing to continue to
operate an existing solid waste facility shall procure a license
under this division to operate the facility for that year from
the board of health of the health district in which the facility
is located or, if the health district is not on the approved list
under section 3734.08 of the Revised Code, from the director. The application
for such a license shall be submitted to the
board of health or to the director, as appropriate, on or before
the last day of September of the year preceding that for which
the license is sought. In addition to the application fee
prescribed in division (A)(2) of this section, a person who
submits an application after that date shall pay an additional
ten per cent of the amount of the application fee for each week
that the application is late. Late payment fees accompanying an
application submitted to the board of health shall be credited to
the special fund of the health district created in division (B)
of section 3734.06 of the Revised Code, and late payment fees
accompanying an application submitted to the director shall be
credited to the general revenue fund. A person who has received
a license, upon sale or disposition of a solid waste facility,
and upon consent of the board of health and the director, may
have the license transferred to another person. The board of
health or the director may include such terms and conditions in a
license or revision to a license as are appropriate to ensure
compliance with this chapter and rules adopted under it. The
terms and conditions may establish the authorized maximum daily
waste receipts for the facility. Limitations on maximum daily
waste receipts shall be specified in cubic yards of volume for
the purpose of regulating the design, construction, and operation
of solid waste facilities. Terms and conditions included in a
license or revision to a license by a board of health shall be
consistent with, and pertain only to the subjects addressed in,
the rules adopted under division (A) of section 3734.02 and
division (D) of section 3734.12 of the Revised Code.
(2)(a) Except as provided in divisions (A)(2)(b), (8), and (9) of this
section, each person proposing to open a new
solid waste facility or to modify an existing solid waste
facility shall submit an application for a permit with
accompanying detail plans and specifications to the environmental
protection agency for required approval under the rules adopted
by the director pursuant to division (A) of section 3734.02 of
the Revised Code and applicable rules adopted under division (D)
of section 3734.12 of the Revised Code at least two hundred
seventy days before proposed operation of the facility and shall
concurrently make application for the issuance of a license under
division (A)(1) of this section with the board of health of the
health district in which the proposed facility is to be located.
(b) On and after the effective date of the rules adopted
under division (A) of section 3734.02 of the Revised Code and division (D) of
section 3734.12 of the Revised Code governing
solid waste transfer facilities, each person proposing to open a
new solid waste transfer facility or to modify an existing solid
waste transfer facility shall submit an application for a permit
with accompanying engineering detail plans, specifications, and
information regarding the facility and its method of operation to
the environmental protection agency for required approval under
those rules at least two hundred seventy days before commencing
proposed operation of the facility and concurrently shall make
application for the issuance of a license under division (A)(1)
of this section with the board of health of the health district
in which the facility is located or proposed.
(c) Each application for a permit under division (A)(2)(a)
or (b) of this section shall be accompanied by a nonrefundable
application fee of four hundred dollars that shall be credited to
the general revenue fund. Each application for an annual license
under division (A)(1) or (2) of this section shall be accompanied
by a nonrefundable application fee of one hundred dollars. If
the application for an annual license is submitted to a board of
health on the approved list under section 3734.08 of the Revised
Code, the application fee shall be credited to the special fund
of the health district created in division (B) of section 3734.06
of the Revised Code. If the application for an annual license is
submitted to the director, the application fee shall be credited
to the general revenue fund. If a permit or license is issued,
the amount of the application fee paid shall be deducted from the
amount of the permit fee due under division (Q) of
section
3745.11 of the Revised Code or the amount of the license fee due
under division (A)(1), (2), (3), or (4) of section 3734.06 of the
Revised Code.
(d) As used in divisions (A)(2)(d), (e), and (f) of this
section, "modify" means any of the following:
(i) Any increase of more than ten per cent in the total
capacity of a solid waste facility;
(ii) Any expansion of the limits of solid waste placement
at a solid waste facility;
(iii) Any increase in the depth of excavation at a solid
waste facility;
(iv) Any change in the technique of waste receipt or type
of waste received at a solid waste facility that may endanger
human health, as determined by the director by rules adopted in
accordance with Chapter 119. of the Revised Code.
Not later than thirty-five days after submitting an
application under division (A)(2)(a) or (b) of this section for a
permit to open a new or modify an existing solid waste facility,
the applicant, in conjunction with an officer or employee of the
environmental protection agency, shall hold a public meeting on
the application within the county in which the new or modified
solid waste facility is or is proposed to be located or within a
contiguous county. Not less than thirty days before holding the
public meeting on the application, the applicant shall publish
notice of the meeting in each newspaper of general circulation
that is published in the county in which the facility is or is
proposed to be located. If no newspaper of general circulation
is published in the county, the applicant shall publish the
notice in a newspaper of general circulation in the county. The
notice shall contain the date, time, and location of the public
meeting and a general description of the proposed new or modified
facility. Not later than five days after publishing the notice,
the applicant shall send by certified mail a copy of the notice
and the date the notice was published to the director and the
legislative authority of each municipal corporation, township,
and county, and to the chief executive officer of each municipal
corporation, in which the facility is or is proposed to be
located. At the public meeting, the applicant shall provide
information and describe the application and respond to comments
or questions concerning the application, and the officer or
employee of the agency shall describe the permit application
process. At the public meeting, any person may submit written or
oral comments on or objections to the application. Not more than
thirty days after the public meeting, the applicant shall provide
the director with a copy of a transcript of the full meeting,
copies of any exhibits, displays, or other materials presented by
the applicant at the meeting, and the original copy of any
written comments submitted at the meeting.
(e) Except as provided in division (A)(2)(f) of this
section, prior to taking an action, other than a proposed or
final denial, upon an application submitted under division
(A)(2)(a) of this section for a permit to open a new or modify an
existing solid waste facility, the director shall hold a public
information session and a public hearing on the application
within the county in which the new or modified solid waste
facility is or is proposed to be located or within a contiguous
county. If the application is for a permit to open a new solid
waste facility, the director shall hold the hearing not less than
fourteen days after the information session. If the application
is for a permit to modify an existing solid waste facility, the
director may hold both the information session and the hearing on
the same day unless any individual affected by the application
requests in writing that the information session and the hearing
not be held on the same day, in which case the director shall
hold the hearing not less than fourteen days after the
information session. The director shall publish notice of the
public information session or public hearing not less than thirty
days before holding the information session or hearing, as
applicable. The notice shall be published in each newspaper of
general circulation that is published in the county in which the
facility is or is proposed to be located. If no newspaper of
general circulation is published in the county, the director
shall publish the notice in a newspaper of general circulation in
the county. The notice shall contain the date, time, and
location of the information session or hearing, as applicable,
and a general description of the proposed new or modified
facility. At the public information session, an officer or
employee of the environmental protection agency shall describe
the status of the permit application and be available to respond
to comments or questions concerning the application. At the
public hearing, any person may submit written or oral comments on
or objections to the approval of the application. The applicant,
or a representative of the applicant who has knowledge of the
location, construction, and operation of the facility, shall
attend the information session and public hearing to respond to
comments or questions concerning the facility directed to the
applicant or representative by
the officer or employee of the environmental protection agency
presiding at the information session and hearing.
(f) The solid waste management policy committee of a
county or joint solid waste management district may adopt a
resolution requesting expeditious consideration of a specific
application submitted under division (A)(2)(a) of this section
for a permit to modify an existing solid waste facility within
the district. The resolution shall make the finding that
expedited consideration of the application without the public
information session and public hearing under division (A)(2)(e)
of this section is in the public interest and will not endanger
human health, as determined by the director by rules adopted in
accordance with Chapter 119. of the Revised Code. Upon receiving
such a resolution, the director, at
the director's discretion, may issue a
final action upon the application without holding a public
information session or public hearing pursuant to division
(A)(2)(e) of this section.
(3) Except as provided in division (A)(10) of this section, and
unless the owner or operator of any solid waste
facility, other than a solid waste transfer facility or a compost
facility that accepts exclusively source separated yard wastes,
that commenced operation on or before July 1, 1968, has obtained
an exemption from the requirements of division (A)(3) of this
section in accordance with division (G) of section 3734.02 of the
Revised Code, the owner or operator shall submit to the
director an application for
a permit with accompanying engineering detail plans,
specifications, and information regarding the facility and its
method of operation for approval under rules adopted under
division (A) of section 3734.02 of the Revised Code and
applicable rules adopted under division (D) of section 3734.12 of
the Revised Code in accordance with the following schedule:
(a) Not later than September 24, 1988, if the facility is
located in the city of Garfield Heights or Parma in Cuyahoga
county;
(b) Not later than December 24, 1988, if the facility is
located in Delaware, Greene, Guernsey, Hamilton, Madison,
Mahoning, Ottawa, or Vinton county;
(c) Not later than March 24, 1989, if the facility is
located in Champaign, Clinton, Columbiana, Huron, Paulding,
Stark, or Washington county, or is located in the city of
Brooklyn or Cuyahoga Heights in Cuyahoga county;
(d) Not later than June 24, 1989, if the facility is
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,
Lucas, or Summit county or is located in Cuyahoga county outside
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga
Heights;
(e) Not later than September 24, 1989, if the facility is
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross
county;
(f) Not later than December 24, 1989, if the facility is
located in a county not listed in divisions (A)(3)(a) to (e) of
this section;
(g) Notwithstanding divisions (A)(3)(a) to (f) of this
section, not later than December 31, 1990, if the facility is a
solid waste facility owned by a generator of solid wastes when
the solid waste facility exclusively disposes of solid wastes
generated at one or more premises owned by the generator
regardless of whether the facility is located on a premises where
the wastes are generated and if the facility disposes of more
than one hundred thousand tons of solid wastes per year, provided
that any such facility shall be subject to division (A)(5) of
this section.
(4) Except as provided in divisions (A)(8), (9), and (10) of
this section, unless
the owner or operator of any solid waste
facility for which a permit was issued after July 1, 1968, but
before January 1, 1980, has obtained an exemption from the
requirements of division (A)(4) of this section under division
(G) of section 3734.02 of the Revised Code, the owner or
operator shall submit to
the director an application for a permit with accompanying
engineering detail plans, specifications, and information
regarding the facility and its method of operation for approval
under those rules.
(5) The director may issue an order in accordance with
Chapter 3745. of the Revised Code to the owner or operator of a
solid waste facility requiring the person to submit to the
director updated engineering detail plans, specifications, and
information regarding the facility and its method of operation
for approval under rules adopted under division (A) of section
3734.02 of the Revised Code and applicable rules adopted under
division (D) of section 3734.12 of the Revised Code if, in the
director's judgment, conditions at the facility constitute a
substantial threat to public health or safety or are causing or
contributing to or threatening to cause or contribute to air or
water pollution or soil contamination. Any person who receives
such an order shall submit the updated engineering detail plans,
specifications, and information to the director within one
hundred eighty days after the effective date of the order.
(6) The director shall act upon an application submitted
under division (A)(3) or (4) of this section and any updated
engineering plans, specifications, and information submitted
under division (A)(5) of this section within one hundred eighty
days after receiving them. If the director denies any such
permit application, the order denying the
application or disapproving the plans shall include the requirements
that the
owner or operator submit a plan for closure and post-closure care
of the facility to the director for approval within six months
after issuance of the order, cease accepting solid wastes for
disposal or transfer at the facility, and commence closure of the
facility not later than one year after issuance of the order. If
the director determines that closure of the facility within that
one-year period would result in the unavailability of sufficient
solid waste management facility capacity within the county or
joint solid waste management district in which the facility is
located to dispose of or transfer the solid waste generated
within the district, the director in
the order of denial or disapproval
may postpone commencement of closure of the facility for such period
of time as the director finds necessary for the board of
county
commissioners or directors of the district to secure access to or
for there to be constructed within the district sufficient solid
waste management facility capacity to meet the needs of the
district, provided that the director shall certify in the
director's order that postponing the date for commencement of closure will
not endanger ground water or any property surrounding the facility,
allow methane gas migration to occur, or cause or contribute to
any other type of environmental damage.
If an emergency need for disposal capacity that may affect
public health and safety exists as a result of closure of a
facility under division (A)(6) of this section, the director may
issue an order designating another solid waste facility to accept
the wastes that would have been disposed of at the facility to be
closed.
(7) If the director determines that standards more
stringent than those applicable in rules adopted under division
(A) of section 3734.02 of the Revised Code and division (D) of
section 3734.12 of the Revised Code, or standards pertaining to
subjects not specifically addressed by those rules, are necessary
to ensure that a solid waste facility constructed at the proposed
location will not cause a nuisance, cause or contribute to water
pollution, or endanger public health or safety, the director
may issue a
permit for the facility with such terms and conditions as the
director finds necessary to protect public health and safety and the
environment. If a permit is issued,
the director shall state in
the order issuing it the specific findings supporting each such
term or condition.
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section
do not apply to a solid waste compost facility that accepts
exclusively source separated yard wastes and that is registered
under division (C) of section 3734.02 of the Revised Code
or, unless otherwise provided in rules adopted under division
(N)(3) of section
3734.02 of the Revised Code, to a solid waste compost
facility if the director has adopted rules establishing an
alternative system for authorizing the establishment, operation,
or modification of a solid waste compost facility under that
division.
(9) Divisions (A)(1) to (7) of this section do not apply
to scrap tire collection, storage, monocell, monofill, and
recovery facilities. The approval of plans and specifications,
as applicable, and the issuance of registration certificates,
permits, and licenses for those facilities are subject to
sections 3734.75 to 3734.78 of the Revised Code, as applicable,
and section 3734.81 of the Revised Code.
(10) Divisions (A)(3) and (4) of this section do not apply to a
solid waste
incinerator that was placed into operation on or before October
12, 1994, and that is not authorized to accept and treat
infectious wastes pursuant to division (B) of
this section.
(B)(1) Each person who is engaged in the business of
treating infectious wastes for profit at a treatment facility
located off the premises where the wastes are generated that is
in operation on August 10, 1988, and who proposes to continue
operating the facility shall submit to the board of health of the
health district in which the facility is located an application
for a license to operate the facility.
Thereafter, no person shall operate or maintain an
infectious waste treatment facility without a license issued by
the board of health of the health district in which the facility
is located or by the director when
the health district in which the facility is located is not on
the approved list under section 3734.08 of the Revised Code.
(2)(a) During the month of December, but before the first
day of January of the next year, every person proposing to
continue to operate an existing infectious waste treatment
facility shall procure a license to operate the facility for that
year from the board of health of the health district in which the
facility is located or, if the health district is not on the
approved list under section 3734.08 of the Revised Code, from the
director. The application for such a license shall be submitted
to the board of health or to the director, as appropriate, on or
before the last day of September of the year preceding that for
which the license is sought. In addition to the application fee
prescribed in division (B)(2)(c) of this section, a person who
submits an application after that date shall pay an additional
ten per cent of the amount of the application fee for each week
that the application is late. Late payment fees accompanying an
application submitted to the board of health shall be credited to
the special infectious waste fund of the health district created
in division (C) of section 3734.06 of the Revised Code, and late
payment fees accompanying an application submitted to the
director shall be credited to the general revenue fund. A person
who has received a license, upon sale or disposition of an
infectious waste treatment facility and upon consent of the board
of health and the director, may have the license transferred to
another person. The board of health or the director may include
such terms and conditions in a license or revision to a license
as are appropriate to ensure compliance with the infectious waste
provisions of this chapter and rules adopted under them.
(b) Each person proposing to open a new infectious waste
treatment facility or to modify an existing infectious waste
treatment facility shall submit an application for a permit with
accompanying detail plans and specifications to the environmental
protection agency for required approval under the rules adopted
by the director pursuant to section 3734.021 of the Revised Code
two hundred seventy days before proposed operation of the
facility and concurrently shall make application for a license
with the board of health of the health district in which the
facility is or is proposed to be located. Not later than ninety
days after receiving a completed application under division
(B)(2)(b) of this section for a permit to open a new infectious
waste treatment facility or modify an existing infectious waste
treatment facility to expand its treatment capacity, or receiving
a completed application under division (A)(2)(a) of this section
for a permit to open a new solid waste incineration facility, or
modify an existing solid waste incineration facility to also
treat infectious wastes or to increase its infectious waste
treatment capacity, that pertains to a facility for which a
notation authorizing infectious waste treatment is included or
proposed to be included in the solid waste incineration
facility's license pursuant to division (B)(3) of this section,
the director shall hold a public hearing on the application
within the county in which the new or modified infectious waste
or solid waste facility is or is proposed to be located or within
a contiguous county. Not less than thirty days before holding
the public hearing on the application, the director shall publish
notice of the hearing in each newspaper that has general
circulation and that is published in the county in which the
facility is or is proposed to be located. If there is no
newspaper that has general circulation and that is published in
the county, the director shall publish the notice in a newspaper
of general circulation in the county. The notice shall contain
the date, time, and location of the public hearing and a general
description of the proposed new or modified facility. At the
public hearing, any person may submit written or oral comments on
or objections to the approval or disapproval of the application.
The applicant, or a representative of the applicant who has
knowledge of the location, construction, and operation of the
facility, shall attend the public hearing to respond to comments
or questions concerning the facility directed to the applicant
or representative by the
officer or employee of the environmental protection agency
presiding at the hearing.
(c) Each application for a permit under division (B)(2)(b)
of this section shall be accompanied by a nonrefundable
application fee of four hundred dollars that shall be credited to
the general revenue fund. Each application for an annual license
under division (B)(2)(a) of this section shall be accompanied by
a nonrefundable application fee of one hundred dollars. If the
application for an annual license is submitted to a board of
health on the approved list under section 3734.08 of the Revised
Code, the application fee shall be credited to the special
infectious waste fund of the health district created in division
(C) of section 3734.06 of the Revised Code. If the application
for an annual license is submitted to the director, the
application fee shall be credited to the general revenue fund.
If a permit or
license is issued, the amount of the application
fee paid shall be deducted from the amount of the permit fee due
under division (Q) of section 3745.11 of the Revised
Code
or the amount of the license fee due under division (C) of
section 3734.06 of the Revised Code.
(d) The owner or operator of any infectious waste
treatment facility that commenced operation on or before July 1,
1968, shall submit to the director an application for a permit
with accompanying engineering detail plans, specifications, and
information regarding the facility and its method of operation
for approval under rules adopted under section 3734.021 of the
Revised Code in accordance with the following schedule:
(i) Not later than December 24, 1988, if the facility is
located in Delaware, Greene, Guernsey, Hamilton, Madison,
Mahoning, Ottawa, or Vinton county;
(ii) Not later than March 24, 1989, if the facility is
located in Champaign, Clinton, Columbiana, Huron, Paulding,
Stark, or Washington county, or is located in the city of
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county;
(iii) Not later than June 24, 1989, if the facility is
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,
Lucas, or Summit county or is located in Cuyahoga county outside
the cities of Brooklyn, Cuyahoga Heights, and Parma;
(iv) Not later than September 24, 1989, if the facility is
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross
county;
(v) Not later than December 24, 1989, if the facility is
located in a county not listed in divisions (B)(2)(d)(i) to (iv)
of this section.
The owner or operator of an infectious waste treatment
facility required to submit a permit application under division
(B)(2)(d) of this section is not required to pay any permit
application fee under division (B)(2)(c) of this section, or
permit fee under division (Q) of section
3745.11 of the
Revised Code, with respect thereto unless the owner or operator
also proposes to modify the facility.
(e) The director may issue an order in accordance with
Chapter 3745. of the Revised Code to the owner or operator of an
infectious waste treatment facility requiring the person to
submit to the director updated engineering detail plans,
specifications, and information regarding the facility and its
method of operation for approval under rules adopted under
section 3734.021 of the Revised Code if, in the director's
judgment, conditions at the facility constitute a substantial
threat to public health or safety or are causing or contributing
to or threatening to cause or contribute to air or water
pollution or soil contamination. Any person who receives such an
order shall submit the updated engineering detail plans,
specifications, and information to the director within one
hundred eighty days after the effective date of the order.
(f) The director shall act upon an application submitted
under division (B)(2)(d) of this section and any updated
engineering plans, specifications, and information submitted
under division (B)(2)(e) of this section within one hundred
eighty days after receiving them. If the director denies any
such permit application or disapproves any such updated
engineering plans, specifications, and information, the
director shall
include in the order denying the application or disapproving the
plans the requirement that the owner or operator cease accepting
infectious wastes for treatment at the facility.
(3) Division (B) of this section does not apply to an
infectious waste treatment facility that meets any of the
following conditions:
(a) Is owned or operated by the generator of the wastes
and exclusively treats, by methods, techniques, and practices
established by rules adopted under division (C)(1) or (3) of
section 3734.021 of the Revised Code, wastes that are generated
at any premises owned or operated by that generator regardless of
whether the wastes are generated on the same premises where the
generator's treatment facility is located or, if the generator is
a hospital as defined in section 3727.01 of the Revised Code,
infectious wastes that are described in division (A)(1)(g), (h),
or (i) of section 3734.021 of the Revised Code;
(b) Holds a license or renewal of a license to operate a crematory
facility issued under Chapter
4717. and a permit issued under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof,
or the blood of animals, and is subject to any of the following:
(i) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;
(ii) Chapter 918. of the Revised Code;
(iii) Chapter 953. of the Revised Code.
Nothing in division (B) of this section requires a facility
that holds a license issued under division (A) of this section as
a solid waste facility and that also treats infectious wastes by
the same method, technique, or process to obtain a license under
division (B) of this section as an infectious waste treatment
facility. However, the solid waste facility license for the
facility shall include the notation that the facility also treats
infectious wastes.
On and after the effective date of the amendments to the rules
adopted under division (C)(2) of section 3734.021 of the Revised
Code that are required by Section 6 of Substitute House Bill
No. 98
of the 120th General Assembly, the director shall not issue a
permit to open a new solid waste incineration facility unless the
proposed facility complies with the requirements for the location
of new infectious waste incineration facilities established in
the required amendments to those rules.
(C) Except for a facility or activity described in division
(E)(3) of section 3734.02 of the Revised Code, a
person who proposes to establish or operate a hazardous waste
facility shall submit an a complete application
for a hazardous waste
facility installation and operation permit and accompanying
detail plans, specifications, and such information as the
director may require to the environmental protection agency,
except as provided in division (E)(2) of this section, at least
one hundred eighty days before the proposed beginning of
operation of the facility. The applicant shall notify by
certified mail the legislative authority of each municipal
corporation, township, and county in which the facility is
proposed to be located of the submission of the application
within ten days after the submission or at such earlier time as
the director may establish by rule. If the application is for a
proposed new hazardous waste disposal or thermal
treatment facility, the applicant also shall give actual notice
of the general design and purpose of the facility to the
legislative authority of each municipal corporation, township,
and county in which the facility is proposed to be located
at least ninety days before the permit application is submitted
to the environmental protection agency.
In accordance with rules adopted under section 3734.12 of the Revised Code, prior to the submission of a complete application for a hazardous waste facility installation and operation permit, the applicant shall hold at least one meeting in the township or municipal corporation in which the facility is proposed to be located, whichever is geographically closer to the proposed location of the facility. The meeting shall be open to the public and shall be held to inform the community of the proposed hazardous waste management activities and to solicit questions from the community concerning the activities.
(D)(1) There is hereby created the hazardous waste
facility board, composed of the director of environmental
protection who shall serve as chairperson, the director of
natural resources, and the chairperson of the Ohio
water development
authority, or their respective designees, and one chemical
engineer and one geologist who each shall be employed by a state
university as defined in section 3345.011 of the Revised Code.
The chemical engineer and geologist each shall be appointed by
the governor, with the advice and consent of the senate, for a
term of two years. The chemical engineer and geologist each
shall receive as compensation five thousand dollars per year,
plus
expenses necessarily incurred in the performance of their duties.
The board shall not issue any final order without the
consent of at least three members.
(2) The hazardous waste facility board shall do
both of
the following:
(a) Pursuant to Chapter 119. of the Revised Code, adopt
rules governing procedure to be followed in hearings
before the
board;
(b) Except as provided in section 3734.123 of the Revised
Code, approve or disapprove applications for a hazardous waste
facility installation and operation permit for new facilities and
applications for modifications to existing permits for which the board has
jurisdiction as provided in division (I)(3) of this section.
(3) Except as provided in section 3734.123 of the Revised
Code, upon receipt of the completed application for a hazardous
waste facility installation and operation permit and a
preliminary determination by the staff of the environmental
protection agency that the application appears to comply with
agency rules and to meet the performance standards set forth in
divisions (D), (I), and (J) of section 3734.12 of the Revised
Code, the director shall transmit the application to
the
board, which shall do all of the
following:
(a) Promptly fix a date for a public hearing on the
application, not fewer than sixty nor more than ninety days after
receipt of the completed application. At the public hearing, any
person may submit written or oral comments or objections to the
approval or disapproval of the application. A representative of
the applicant who has knowledge of the location, construction,
operation, closure, and post-closure care, if applicable, of the
facility shall attend the public hearing in order to respond to
comments or questions concerning the facility directed to the
representative by the presiding officer.
(b) Give public notice of the date of the public hearing
and a summary of the application in a newspaper having general
circulation in the county in which the facility is proposed to be
located. The notice shall contain, at a minimum, the date, time,
and location of the public hearing and shall include the
location and street address of, or the nearest intersection to,
the proposed facility, a description of the proposed facility,
and the location where copies of the application, a short
statement by the applicant of the anticipated environmental
impact of the facility, and a map of the facility are available
for inspection.
(c) Promptly fix a date for an adjudication hearing, not
fewer than ninety nor more than one hundred twenty days after
receipt of the completed application, at which hearing the board
shall hear and decide all disputed issues between the parties
respecting the approval or disapproval of the application.
(4) The parties to any adjudication hearing before the
board upon a completed application shall be the following:
(b) The staff of the environmental protection agency;
(c) The board of county commissioners of the county, the
board of township trustees of the township, and the chief
executive officer of the municipal corporation in which the
facility is proposed to be located;
(d) Any other person who would be aggrieved or adversely
affected by the proposed facility and who files a petition to
intervene in the adjudication hearing not later than thirty days
after the date of publication of the notice required in division
(D)(3)(b) of this section if the petition is granted by the
board for good cause shown. The board may allow intervention by
other aggrieved or adversely affected persons up to fifteen days
prior to the date of the adjudication hearing for good cause
shown when the intervention would not be unduly burdensome to or
cause a delay in the permitting process.
(5) The hazardous waste facility board shall conduct any
adjudication hearing upon disputed issues in accordance with
Chapter 119. of the Revised Code and the rules of the board
governing the procedure of such hearings. Each party may call
and examine witnesses and submit other evidence respecting the
disputed issues presented by an application. A written record
shall be made of the hearing and of all testimony and evidence
submitted to the board upon receipt of a complete application for a hazardous waste facility installation and operation permit under division (C) of this section, the director shall consider the application and accompanying information to determine whether the application complies with agency rules and the requirements of division (D)(2) of this section. After making a determination, the director shall issue either a draft permit or a notice of intent to deny the permit. The director, in accordance with rules adopted under section 3734.12 of the Revised Code or with rules adopted to implement Chapter 3745. of the Revised Code, shall provide public notice of the application and the draft permit or the notice of intent to deny the permit, provide an opportunity for public comments, and, if significant interest is shown, schedule a public meeting in the county in which the facility is proposed to be located and give public notice of the date, time, and location of the public meeting in a newspaper of general circulation in that county.
(6)(2) The board director shall not approve an application for a
hazardous waste facility installation and operation permit or an application for a modification under division (I)(3) of this section unless
it the director finds and determines as follows:
(a) The nature and volume of the waste to be treated,
stored, or disposed of at the facility;
(b) That the facility complies with the director's
hazardous waste standards adopted pursuant to section 3734.12 of
the Revised Code;
(c) That the facility represents the minimum adverse
environmental impact, considering the state of available
technology and the nature and economics of various alternatives,
and other pertinent considerations;
(d) That the facility represents the minimum risk of all
of the following:
(i) Contamination of ground and surface waters;
(ii) Fires or explosions from treatment, storage, or
disposal methods;
(iii) Accident (ii) Release of hazardous waste during transportation of hazardous waste to
or from the facility;
(iv) Impact (iii) Adverse impact on the public health and safety;
(e) That the facility will comply with this chapter and Chapters 3704.,
3734., and 6111. of the Revised Code and all rules and standards
adopted under those chapters them;
(f) That if the owner of the facility, the operator of the
facility, or any other person in a position with the facility
from which the person may influence the installation and
operation of the
facility has been involved in any prior activity involving
transportation, treatment, storage, or disposal of hazardous
waste, that person has a history of compliance with this chapter and Chapters
3704., 3734., and 6111. of the Revised Code and all rules and
standards adopted under those chapters them, the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended, and all regulations adopted under it,
and similar laws and rules of other states if any such prior
operation was located in another state that demonstrates
sufficient reliability, expertise, and competency to operate a
hazardous waste facility under the applicable provisions of
this chapter and Chapters 3704., 3734., and 6111. of the Revised Code, the
applicable rules and standards adopted under those chapters them, and
terms and conditions of a hazardous waste facility installation
and operation permit, given the potential for harm to the public
health and safety and the environment that could result from the
irresponsible operation of the facility;. For off-site facilities, as defined in section 3734.41 of the Revised Code, the director may use the investigative reports of the attorney general prepared pursuant to section 3734.42 of the Revised Code as a basis for making a finding and determination under division (D)(2)(f) of this section.
(g) That the active areas within a new hazardous waste
facility where acute hazardous waste as listed in 40 C.F.R.
261.33 (e), as amended, or organic waste that is toxic and is
listed under 40 C.F.R. 261, as amended, is being stored, treated,
or disposed of and where the aggregate of the storage design
capacity and the disposal design capacity of all hazardous waste
in those areas is greater than two hundred fifty thousand
gallons, are not located or operated within any of the following:
(i) Two thousand feet of any residence, school, hospital,
jail, or prison;
(ii) Any naturally occurring wetland;
(iii) Any flood hazard area if the applicant cannot show
that the facility will be designed, constructed, operated, and
maintained to prevent washout by a one-hundred-year flood or that
procedures will be in effect to remove the waste before flood
waters can reach it.
Division (D)(6)(2)(g) of this section does not apply to the
facility of any applicant who demonstrates to the board director that the
limitations specified in that division are not necessary because
of the nature or volume of the waste and the manner of management
applied, the facility will impose no substantial danger to the
health and safety of persons occupying the structures listed in
division (D)(6)(2)(g)(i) of this section, and the facility is to be
located or operated in an area where the proposed hazardous waste
activities will not be incompatible with existing land uses in
the area.
(h) That the facility will not be located within the
boundaries of a state park established or dedicated under Chapter
1541. of the Revised Code, a state park purchase area established
under section 1541.02 of the Revised Code, any unit of the
national park system, or any property that lies within the
boundaries of a national park or recreation area, but that has
not been acquired or is not administered by the secretary of the
United States department of the interior, located in this state,
or any candidate area located in this state identified for
potential inclusion in the national park system in the edition of
the "national park system plan" submitted under paragraph (b) of
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16
U.S.C.A. 1a-5, as amended, current at the time of filing of the
application for the permit, unless the facility will be used
exclusively for the storage of hazardous waste generated within
the park or recreation area in conjunction with the operation of
the park or recreation area. Division (D)(6)(2)(h) of this section
does not apply to the facility of any applicant for modification
of a permit unless the modification application proposes to
increase the land area included in the facility or to increase
the quantity of hazardous waste that will be treated, stored, or
disposed of at the facility.
In rendering a decision upon an application for a hazardous
waste facility installation and operation permit, the board shall
issue a written order and opinion, which shall include the
specific findings of fact and conclusions of law that
support
the board's approval or disapproval of the application.
(3) Not later than one hundred eighty days after the end of the public comment period, the director, without prior hearing, shall issue or deny the permit in accordance with Chapter 3745. of the Revised Code. If the board director approves an application for a hazardous waste
facility installation and operation permit, as a part of its
written order, it the director shall issue the permit, upon such terms and
conditions as the board director finds are necessary to ensure the
construction and operation of the hazardous waste facility in
accordance with the standards of this section.
(7) Any party adversely affected by an order of the
hazardous waste facility board may appeal the order and decision
of the board to the court of appeals of Franklin county. An
appellant shall file with the board a notice of appeal, which
shall designate the order appealed from. A copy of the notice
also shall be filed by the appellant with the court, and a copy
shall be sent by certified mail to each party to the adjudication
hearing before the board. Such notices shall be filed and mailed
within thirty days after the date upon which the appellant
received notice from the board by certified mail of the making of
the order appealed from. No appeal bond shall be required to
make an appeal effective.
The filing of a notice of appeal shall not operate automatically
as a suspension of the order of the board. If it appears
to the court that an unjust hardship to the appellant will result
from the execution of the board's order pending determination of
the appeal, the court may grant a suspension of the order and fix
its terms.
Within twenty days after receipt of the notice of appeal,
the board shall prepare and file in the court the complete record
of proceedings out of which the appeal arises, including any
transcript of the testimony and any other evidence that has been
submitted before the board. The expense of preparing and
transcribing the record shall be taxed as a part of the costs of
the appeal. The appellant, other than the state or a political
subdivision, an agency of either, or any officer of the appellant
acting in the officer's representative capacity, shall
provide security for
costs satisfactory to the court considering the respective
interests of the parties and the public interest. Upon demand by
a party, the board shall furnish, at the cost of the party
requesting it, a copy of the record. If the complete record is
not filed within the time provided for in this section, any party
may apply to the court to have the case docketed, and the court
shall order the record filed.
In hearing the appeal, the court is confined to the record
as certified to it by the board. The court may grant a request
for the admission of additional evidence when satisfied that the
additional evidence is newly discovered and could not with
reasonable diligence have been ascertained prior to the hearing
before the board.
The court shall affirm the order complained of in the
appeal if it finds, upon consideration of the entire record and
such additional evidence as the court has admitted, that the
order is supported by reliable, probative, and substantial
evidence and is in accordance with law. In the absence of such
findings, it shall reverse, vacate, or modify the order or make
such other ruling as is supported by reliable, probative, and
substantial evidence and is in accordance with law. The judgment
of the court shall be final and conclusive unless reversed,
vacated, or modified on appeal. Such appeals may be taken by any
party to the appeal pursuant to the Rules of Practice of the
Supreme Court and, to the extent not in conflict with those
rules, Chapter 2505. of the Revised Code.
(E)(1) Upon receipt of a completed application, the board
shall issue a hazardous waste facility installation and operation
permit for a hazardous waste facility subject to the requirements
of divisions (D)(6) and (7) of this section and all applicable
federal regulations if the facility for which the permit is
requested satisfies all of the following:
(a) Was in operation immediately prior to October 9, 1980;
(b) Was in substantial compliance with applicable statutes
and rules in effect immediately prior to October 9, 1980, as
determined by the director;
(c) Demonstrates to the board that its operations after
October 9, 1980, comply with applicable performance standards
adopted by the director pursuant to division (D) of section
3734.12 of the Revised Code;
(d) Submits a completed application for a permit under
division (C) of this section within six months after October 9,
1980.
The board shall act on the application within twelve months
after October 9, 1980.
(2) A hazardous waste facility that was in operation
immediately prior to October 9, 1980, may continue to operate
after that date if it does all of the following:
(a) Complies with performance standards adopted by the
director pursuant to division (D) of section 3734.12 of the
Revised Code;
(b) Submits a completed application for a hazardous waste
installation and operation permit under division (C) of this
section within six months after October 9, 1980;
(c) Obtains the permit under division (D) of this section
within twelve months after October 9, 1980.
(3) No political subdivision of this state shall require
any additional zoning or other approval, consent, permit,
certificate, or condition for the construction or operation of a
hazardous waste facility authorized by a hazardous waste facility
installation and operation permit issued pursuant to this
chapter, nor shall any political subdivision adopt or enforce any
law, ordinance, or rule that in any way alters, impairs, or
limits the authority granted in the permit.
(4) After the issuance of a hazardous waste facility
installation and operation permit by the board, each hazardous
waste facility shall be subject to the rules and supervision of
the director during the period of its operation, closure, and
post-closure care, if applicable.
(F) Upon approval of the board in accordance with
divisions (D) and (E) of this section, the board The director may issue a
single hazardous waste facility installation and operation permit
to a person who operates two or more adjoining facilities where
hazardous waste is stored, treated, or disposed of if the
application includes detail plans, specifications, and
information on all facilities. For the purposes of this section,
"adjoining" means sharing a common boundary, separated only by a
public road, or in such proximity that the director determines
that the issuance of a single permit will not create a hazard to
the public health or safety or the environment.
(G) No person shall falsify or fail to keep or submit any
plans, specifications, data, reports, records, manifests, or
other information required to be kept or submitted to the
director or to the hazardous waste facility board by this chapter
or the rules adopted under it.
(H)(1) Each person who holds an installation and operation
permit issued under this section and who wishes to obtain a
permit renewal shall submit a completed application for an
installation and operation permit renewal and any necessary
accompanying general plans, detail plans, specifications, and
such information as the director may require to the director no
later than one hundred eighty days prior to the expiration date
of the existing permit or upon a later date prior to the
expiration of the existing permit if the permittee can
demonstrate good cause for the late submittal. The director
shall consider the application and accompanying information,
inspection reports of the facility, results of performance tests,
a report regarding the facility's compliance or noncompliance
with the terms and conditions of its permit and rules adopted by
the director under this chapter, and such other information as is
relevant to the operation of the facility and shall issue a draft
renewal permit or a notice of intent to deny the renewal permit.
The director, in accordance with rules adopted under this section
or with rules adopted to implement Chapter 3745. of the Revised
Code, shall give public notice of the application and draft
renewal permit or notice of intent to deny the renewal permit,
provide for the opportunity for public comments within a
specified time period, schedule a public meeting in the county in
which the facility is located if significant interest is shown,
and give public notice of the public meeting.
(2) Within sixty days after the public meeting or close of
the public comment period, the director, without prior hearing,
shall issue or deny the renewal permit in accordance with Chapter
3745. of the Revised Code. The director shall not issue a
renewal permit unless the director determines that the
facility under the
existing permit has a history of compliance with this chapter,
rules adopted under it, the existing permit, or orders entered to
enforce such requirements that demonstrates sufficient
reliability, expertise, and competency to operate the facility
henceforth under this chapter, rules adopted under it, and the
renewal permit. If the director approves an application for a
renewal permit, the director shall issue the permit subject
to the payment
of the annual permit fee required under division (E) of section
3734.02 of the Revised Code and upon such terms and conditions as
the director finds are reasonable to ensure that continued
operation,
maintenance, closure, and post-closure care of the hazardous
waste facility are in accordance with the rules adopted under
section 3734.12 of the Revised Code.
(3) An installation and operation permit renewal
application submitted to the director that also contains or would
constitute an application for a modification shall be
acted upon by the
director in accordance with division (I) of this section in the
same manner as an application for a modification. In
approving or
disapproving the renewal portion of a permit renewal application
containing an application for a modification, the
director shall apply the
criteria established under division (H)(2) of this section.
(4) An application for renewal or modification
of a permit
that does not contain an application for a modification as described in
divisions (I)(3)(a) to (d) of this
section shall not
be subject to division (D)(2) of this section.
(I)(1) As used in this section, "modification" means a
change or alteration to a hazardous waste facility or its
operations that is inconsistent with or not authorized by
its existing permit or authorization to operate. Modifications shall
be classified as
Class 1, 2, or 3 modifications in accordance with rules adopted under
division (K) of this section. Modifications classified as
Class 3 modifications, in accordance with rules adopted under that
division, shall be further classified by the director as either Class
3 modifications that are to be approved or disapproved by the hazardous waste
facility board as described in director under divisions (I)(3)(a)
to (d) of this section or as Class 3 modifications
that are to be approved or disapproved by the director under division
(I)(5) of this section. Not later than thirty days after receiving a
request for a modification under
division (I)(4) of this section that is not listed in
Appendix I to 40 C.F.R. 270.42 or
in rules adopted under division (K) of this section, the director
shall classify the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. Notwithstanding
any other law to the contrary, any
modification that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator shall be
classified as a Class 3 modification.
(2) Except as provided in section 3734.123 of the Revised
Code, a hazardous waste facility installation and operation
permit may be modified at the request of the director
or upon the written request of the permittee only if any of the
following applies:
(a) The permittee desires to accomplish alterations,
additions, or deletions to the permitted facility or to undertake
alterations, additions, deletions, or activities that are
inconsistent with or not authorized by the existing permit;
(b) New information or data justify permit conditions in
addition to or different from those in the existing permit;
(c) The standards, criteria, or rules upon which the
existing permit is based have been changed by new, amended, or
rescinded standards, criteria, or rules, or by judicial decision
after the existing permit was issued, and the change justifies
permit conditions in addition to or different from those in the
existing permit;
(d) The permittee proposes to transfer the permit to
another person.
(3) The director has jurisdiction to shall approve or disapprove applications
an application for Class 1 modifications, Class 2 modifications, and
Class 3 modifications not otherwise described in divisions
(I)(3)(a) to (d) of this section. The
hazardous
waste facility board has jurisdiction to approve or disapprove applications
for any a modification in accordance with division (D)(2) of this section and rules adopted under division (K) of this section for all of the following categories of Class 3 modifications:
(a) Authority to conduct treatment, storage, or
disposal at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or disposal
activity by the facility's permit;
(b) Modification or addition of a hazardous waste management
unit, as defined in rules adopted under section 3734.12 of the Revised Code, that results in
an increase in a
facility's storage capacity of more than twenty-five per cent
over the capacity authorized by the facility's permit, an increase in a
facility's treatment rate of more than
twenty-five per cent over the rate so authorized, or an increase
in a facility's disposal capacity over the capacity so authorized. The
authorized disposal capacity for a facility shall be calculated from the
approved design plans for the disposal units at that facility. In
no case during a five-year period shall a facility's
storage capacity or treatment rate be
modified to increase by more than twenty-five per cent in the aggregate
without board the director's approval in accordance with division (D)(2) of this section. Notwithstanding any provision of division
(I) of this section to the contrary, a request
for modification of a facility's annual total waste receipt limit shall be
classified and approved or disapproved by the director under division (I)(5) of this section.
(c) Authority to add any of the following categories of
regulated activities not previously authorized at a facility by the facility's
permit: storage at a facility not previously authorized to store hazardous
waste, treatment at a facility not previously authorized to treat hazardous
waste, or disposal at a facility not previously authorized to dispose of
hazardous waste; or authority to add a category of hazardous waste management
unit not previously authorized at the facility by the facility's permit.
Notwithstanding any provision of division (I) of this section to the
contrary, a request for authority to add or to modify an activity or a
hazardous waste management unit for the purposes of performing a corrective
action shall be classified and approved or disapproved by the director under division (I)(5) of this section.
(d) Authority to treat, store, or dispose of waste types listed
or
characterized as reactive or explosive, in rules adopted under section 3734.12
of the Revised Code, or any acute hazardous waste listed in 40
C.F.R. 261.33(e), as amended, at a
facility not previously authorized to treat, store, or dispose of those types
of wastes by the facility's permit unless the
requested authority is limited to wastes that
no longer exhibit characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing as acute
hazardous waste, but still are required to carry those waste codes as
established in rules adopted under section 3734.12 of the
Revised Code because of the requirements established in 40 C.F.R. 261(a) and
(e), as amended, that is, the "mixture," "derived-from," or "contained-in"
regulations.
(4) A written request for a modification from
the permittee shall be submitted to the director and shall
contain such information as is necessary to support the request.
The director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to
(d) of this section within two hundred forty days after receiving
the requests. Requests
for modifications shall be acted upon by the director or the board, as
appropriate, in accordance with this section and
rules adopted under it.
(5) Class 1 modification applications that require
prior approval
of the director, as determined in accordance with rules adopted under division
(K) of this section, Class 2 modification applications, and
Class 3 modification applications that are not described in
divisions (I)(3)(a) to (d) of this section
shall be approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county
commissioners of the county, the board of township trustees of the township,
and the city manager or mayor of the municipal corporation in which a
hazardous waste facility is located shall receive notification of any
application for a modification for that facility and shall be considered as
interested persons with respect to the director's consideration of the
application.
For those modification
applications for a transfer of a permit to a new owner or operator of a
facility, the director
also shall determine that, if the transferee owner or operator has been
involved in any prior
activity involving the transportation, treatment, storage, or disposal of
hazardous waste, the transferee owner or operator has a history of compliance
with this chapter and
Chapters 3704. and 6111. of the Revised Code and all rules and standards
adopted
under them, the "Resource Conservation and Recovery
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, and
all regulations adopted under it, and similar laws and rules of another state
if the transferee owner or operator owns or operates a facility in that state,
that demonstrates sufficient reliability, expertise, and competency to operate
a hazardous waste
facility under this chapter and Chapters 3704. and 6111. of the Revised Code,
all
rules and standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given the
potential for harm to the public health and safety and the environment that
could result from the irresponsible operation of the facility. A permit may
be transferred to a new
owner or operator only pursuant to a Class 3 permit modification.
As used in division (I)(5) of this
section:
(a) "Owner" means the person who owns a majority or controlling
interest in a facility.
(b) "Operator" means the person who is responsible for the
overall operation of a facility.
The director shall approve or disapprove an application for a
Class 1 modification that requires the director's approval within
sixty days after receiving the request for modification. The director shall
approve or disapprove an application for a Class 2 modification
within three hundred days after receiving the request for modification. The
director shall approve or disapprove an application for a Class 3
modification that
is not described in divisions (I)(3)(a) to
(d) of this section within three hundred sixty-five days after
receiving the request for modification.
(6) The approval or disapproval by the director of a Class 1
modification application is not a final action that is appealable under
Chapter 3745. of the Revised Code. The approval or disapproval by the
director of a
Class 2 modification or a Class 3 modification that is not
described in divisions (I)(3)(a) to (d) of
this section is a final action that is appealable under that chapter. In
approving or disapproving a request for a modification, the director shall
consider all comments pertaining to the request that are received during the
public comment period and the public meetings. The administrative record for
appeal of a final action by the director in approving or disapproving a
request for a modification shall include all comments received during the
public comment period relating to the request for modification, written
materials submitted at the public meetings relating to the request, and any
other documents related to the director's action.
(7) The hazardous waste facility board shall approve or
disapprove an application for a Class 3 modification
transmitted to it under
division (I)(4) of this section, or that portion of
a permit renewal application that constitutes a Class
3 modification application so transmitted, of a hazardous waste facility
installation and
operation permit in accordance with division (D) of this section. No other
request for a modification shall be subject to
division (D)(6) of this section. No aspect of
a permitted facility or its operations
that is not being modified as described in division
(I)(3)(a), (b), (c), or (d) of
this section shall be subject to review by the
board under division (D) of this section.
(8) Notwithstanding any other provision of law to the
contrary, a change or alteration to a hazardous waste facility described in
division (E)(3)(a) or (b) of section 3734.02 of the
Revised Code, or its operations, is a modification for the
purposes of this section. An
application for a modification at such a facility shall be submitted,
classified, and approved or disapproved in accordance with divisions
(I)(1) to (7)(6) of this section in the same
manner as a modification to a hazardous waste facility installation and
operation permit.
(J)(1) Except as provided in division (J)(2) of this
section, an owner or operator of a hazardous
waste facility that is operating in accordance with a permit by rule under
rules adopted by the director under division
(E)(3)(b) of section
3734.02 of the Revised
Code shall submit either a hazardous waste facility
installation and operation permit application for the facility or a
modification application, whichever is required under division
(J)(1)(a) or (b) of this section, within one
hundred eighty days after the director has requested the application or upon a
later date if the owner or operator demonstrates to the
director good cause for the late submittal.
(a) If the owner or operator does not have a hazardous waste
facility installation and operation permit for any hazardous waste treatment,
storage, or disposal activities at the facility, the owner or operator shall
submit an
application for such a permit to the director for the activities authorized by
the permit by rule. Notwithstanding any other
provision of law to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures governing the
approval or disapproval of permit renewals under division (H) of this
section.
(b) If the owner or operator has a hazardous waste facility
installation and operation permit for hazardous waste treatment, storage, or
disposal activities at the facility other than those authorized by the permit
by rule, the owner or operator shall submit to the director a request for
modification in accordance with division (I) of this section.
Notwithstanding any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance with rules
adopted under division (K)(I)(5) of this section.
(2) The owner or operator of a boiler or industrial furnace that is
conducting thermal treatment activities in accordance with a permit
by rule under rules adopted by the director under division
(E)(3)(b) of section
3734.02 of the Revised
Code shall submit a hazardous waste facility
installation and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, storage, or disposal
activities at the facility or, if the owner or operator has such a permit for
hazardous waste treatment, storage, or disposal activities at the facility
other than thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by the permit by
rule, whichever is applicable, within one hundred eighty days
after the director has requested the submission of the application or upon a
later date if the owner or operator demonstrates to the director good cause
for the late submittal. The application shall be accompanied by information
necessary to support the request. The hazardous
waste facility board director shall approve or disapprove the an application for a hazardous waste facility installation and operation permit in accordance
with division (D) of this section and approve or disapprove an application for a modification in accordance with division (I)(3) of this section, except that the board
director shall not disapprove an application for the thermal treatment activities on
the basis of the criteria set forth in division
(D)(6)(2)(g) or
(h) of this section.
(3) As used in division (J) of this
section:
(a) "Modification application" means a request for a modification
submitted in accordance with division (I) of
this section.
(b) "Thermal treatment," "boiler," and "industrial furnace" have
the same meanings as in rules adopted under section 3734.12 of the
Revised Code.
(K) The director shall adopt, and may amend, suspend, or
rescind, rules in accordance with Chapter 119. of the Revised
Code in order to implement divisions (H) and (I) of this section. Except
when in actual conflict with this section, rules governing the classification
of and procedures for the modification of hazardous waste facility
installation and operation permits shall be substantively and procedurally
identical to the regulations governing hazardous waste facility permitting and
permit modifications adopted under the "Resource
Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended.
Sec. 3734.12. The director of environmental protection
shall adopt and may amend, suspend, and rescind rules in
accordance with Chapter 119. of the Revised Code, which shall be
consistent with and equivalent to the regulations adopted
under the "Resource Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended, except for rules
adopted under divisions (D) and (F) of this section governing
solid waste facilities and except as otherwise provided in this
chapter, doing all of the following:
(A) Adopting the criteria and procedures established under
the "Resource Conservation and Recovery Act of 1976," 90 Stat.
2806, 42 U.S.C.A. 6921, as amended, for identifying hazardous
waste. The director shall prepare, revise when appropriate, and
publish a list of substances or categories of substances
identified to be hazardous using the criteria specified in 40
C.F.R. 261, as amended, which shall be composed of at least those
substances identified as hazardous pursuant to section 3001(B) of
that act. The director shall not list any waste that the
administrator of the United States environmental protection
agency delisted or excluded by an amendment to the federal
regulations, any waste that the administrator declined to list by
publishing a denial of a rulemaking petition or by withdrawal of
a proposed listing in the United States federal register after
May 18, 1980, or any waste oil or polychlorinated biphenyl not
listed by the administrator.
(B) Establishing standards for generators of hazardous
waste necessary to protect human health or safety or the
environment in accordance with this chapter, including, but not
limited to, requirements respecting all of the following:
(1) Record-keeping practices that accurately identify the
quantities of hazardous waste generated, the constituents that are significant
in quantity or in potential harm to human
health or safety or the environment, and the disposition of the
waste;
(2) Labeling of containers used for storage,
transportation, or disposal of hazardous waste to identify the
waste accurately;
(3) Use of appropriate containers for hazardous waste;
(4) Providing information on the general chemical
composition of hazardous waste to persons transporting, treating,
storing, or disposing of the waste;
(5) A manifest system requiring a manifest consistent with
that prescribed under the "Resource Conservation and Recovery Act
of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended, requiring
a manifest for any hazardous waste transported off the premises
where generated and assuring that all hazardous waste that is
transported off the premises where generated is designated for
treatment, storage, or disposal in facilities for which a permit
has been issued or in the other facilities specified in division
(F) of section 3734.02 of the Revised Code;
(6) Submission of such reports to the director as the
director determines necessary;
(7) Establishment of quality control and testing
procedures that ensure compliance with the rules adopted under
this section;
(8) Obtainment of a United States environmental protection
agency identification number.
(C) Establishing standards for transporters of hazardous
waste necessary to protect human health or safety or the
environment in accordance with this chapter, including, but not
limited to, requirements respecting all of the following:
(1) Record-keeping concerning hazardous waste transported,
including source and delivery points;
(2) Submission of such reports to the director as the
director determines necessary;
(3) Transportation of only properly labeled waste;
(4) Compliance with the manifest system required by
division (B) of this section;
(5) Transportation of hazardous waste only to the
treatment, storage, or disposal facility that the shipper
designates on the manifest to be a facility holding a permit or
another facility specified in division (F) of section 3734.02 of
the Revised Code;
(6) Contingency plans to minimize unanticipated damage
from transportation of hazardous waste;
(7) Financial responsibility, including, but not limited
to, provisions requiring a financial mechanism to cover the costs
of spill cleanup and liability for sudden accidental occurrences
that result in damage to persons, property, or the environment;
(8) Obtainment of a United States environmental protection
agency identification number.
In the case of any hazardous waste that is subject to the
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A. 1801, as amended, the rules shall be consistent with
that act and regulations adopted under it.
(D) Establishing performance standards for owners and
operators of hazardous waste facilities and owners and operators
of solid waste facilities, necessary to protect human health or
safety or the environment in accordance with this chapter,
including, but not limited to, requirements respecting all of the following:
(1) Maintaining records of all hazardous waste that is
treated, stored, or disposed of and of the manner in which the
waste was treated, stored, or disposed of or records of all solid
wastes transferred or disposed of and of the manner in which the
wastes were disposed of;
(2) Submission of such reports to the director as the
director determines necessary;
(3) Reporting, monitoring, inspection, and, except with
respect to solid waste facilities, compliance with the manifest
system referred to in division (B) of this section;
(4) Treatment, storage, or disposal of all hazardous waste
received by methods, techniques, and practices approved by the
director and disposal or transfer of all solid wastes received by
methods, techniques, and practices approved by the director;
(5) Location, design, and construction of hazardous waste
facilities and location, design, and construction of solid waste
facilities;
(6) Contingency plans for effective action to minimize
unanticipated damage from treatment, storage, or disposal of
hazardous waste and the disposal or transfer of solid wastes;
(7) Ownership, continuity of operation, training for
personnel, and financial responsibility, including the filing of
closure and post-closure financial assurance, if applicable. No
private entity shall be precluded by reason of these requirements
from the ownership or operation of facilities providing hazardous
waste treatment, storage, or disposal services if the entity can
provide assurances of financial responsibility and continuity of
operation consistent with the degree and duration of risks
associated with the treatment, storage, or disposal of specified
hazardous waste.
(8) Closure and post-closure care of a hazardous waste
facility where hazardous waste will no longer be treated, stored,
or disposed of and of a solid waste facility where solid wastes
will no longer be disposed of or transferred;
(9) Establishment of quality control and testing
procedures that ensure compliance with the rules adopted under
this section;
(10) Obtainment of a United States environmental
protection agency identification number for each hazardous waste
treatment, storage, or disposal facility;
(11) Trial burns and land treatment demonstrations.
The rules adopted under divisions (D) and (F) of this section pertaining to
solid waste facilities do not apply to scrap tire collection, storage,
monocell, monofill, and recovery facilities. Those facilities are subject to
and governed by rules adopted under sections 3734.70 to 3734.73 of the Revised
Code, as applicable.
(E) Governing the issuance, modification, revocation,
suspension, withdrawal, and denial of installation and operation
permits, draft permits, and transportation certificates of
registration;
(F) Specifying information required to be included in
applications for hazardous waste facility installation and operation
permits and solid waste permits, including, but not limited to,
detail plans, specifications, and information respecting all of the following:
(1) The composition, quantities, and concentrations of
hazardous waste and solid wastes to be stored, treated,
transported, or disposed of and such other information as the
director may require regarding the method of operation;
(2) The facility to which the waste will be transported or
where it will be stored, treated, or disposed of;
(3) The closure and post-closure care of a facility where
hazardous waste will no longer be treated, stored, or disposed of
and of a solid waste facility where solid wastes will no longer
be disposed of or transferred.
(G) Establishing procedures ensuring that all information
entitled to protection as trade secrets disclosed to the director
or the director's authorized representative is not disclosed
without the consent of the owner, except that such information may be
disclosed, upon request, to authorized representatives of the
United States environmental protection agency, or as required by
law. As used in this section, "trade secrets" means any formula,
plan, pattern, process, tool, mechanism, compound, procedure,
production date, or compilation of information that is not
patented, that is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or
compound an article, trade, or service having commercial value,
and that gives its user an opportunity to obtain a business
advantage over competitors who do not know or use it.
(H) Prohibiting the disposal of specified hazardous wastes
in this state if the director has determined both of the following:
(1) The potential impacts on human health or safety or the
environment are such that disposal of those wastes should not be
allowed;.
(2) A technically feasible and environmentally sound
alternative is reasonably available, either within or outside
this state, for processing, recycling, fixation of,
neutralization of, or other treatment of those wastes. Such
reasonable availability shall not be determined without a
consideration of the costs to the generator of implementing the
alternatives.
The director shall adopt, and may amend, suspend, or rescind, rules to specify
hazardous wastes
that shall not be disposed of in accordance with this division. Nothing in
this division, either prior to or after adoption
of those rules, shall preclude the director or the hazardous waste
facility board created in section 3734.05 of the Revised Code
from prohibiting the disposal of specified hazardous wastes at
particular facilities under the terms or conditions of a permit
or preclude the director from prohibiting that disposal by order.
(I)(1)(a) Governing the following that may be more
stringent than the regulations adopted under the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended, when the director determines that such
more stringent rules are reasonable in order to protect human
health or safety or the environment:
(i) Specific wastes that the director determines, because
of their physical, chemical, or biological characteristics, are
so extremely hazardous that the storage, treatment, or disposal
of the wastes in compliance with those regulations would present
an imminent danger to human health or safety or the environment;
(ii) The use of only properly designed, operated, and
approved transfer facilities;
(iii) Preventing illegitimate activities relating to the
reuse, recycling, or reclaiming of hazardous waste, including
record-keeping, reporting, and manifest requirements.
(b) In adopting such more stringent rules, the director
shall give consideration to and base the rules on evidence
concerning factors including, but not limited to, the following
insofar as pertinent:
(i) Geography of the state;
(ii) Geology of the state;
(iii) Hydrogeology of the state;
(iv) Climate of the state;
(v) Engineering and technical feasibility;
(vi) Availability of alternative technologies or methods
of storage, treatment, or disposal.
(2) The director may require from generators and
transporters of hazardous waste and from owners or operators of
treatment, storage, or disposal facilities, the submission of
reports in addition to those required under regulations
adopted under the "Resource Conservation and Recovery Act of
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, to the extent
that such reports contain information that the generator,
transporter, or facility owner or operator is required to obtain
in order to comply with the regulations adopted by the
administrator of the United States environmental protection
agency under the "Resource Conservation and Recovery Act of
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, or to the
extent that such reports are required by the director to meet the
requirements of division (B)(7), (D)(9), or (H) of this section
or section 3734.121 of the Revised Code.
(J) Governing the storage, treatment, or disposal of
hazardous waste in, and the permitting, design, construction,
operation, monitoring, inspection, closure, and post-closure care
of, hazardous waste underground injection wells, surface
impoundments, waste piles other than those composed of materials
removed from the ground as part of coal or mineral extraction or
cleaning processes, land treatment facilities, thermal treatment
facilities, and landfills that may be more stringent than the
regulations adopted under the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended, whenever the director reasonably determines that federal
regulations will not adequately protect the public health or
safety or the environment of this state with respect to the
subject matter of the more stringent rules. Such more stringent
rules shall be developed to achieve a degree of protection, as
determined by the director, consistent with the degree of hazard
potentially posed by the various wastes or categories of wastes
to be treated, stored, or disposed of and the types of facilities
at which they are to be treated, stored, or disposed of. In
adopting such more stringent rules, the director shall give
consideration to and base the rules on evidence concerning
factors including, but not limited to, the following insofar as
pertinent:
(1) Geography of the state;
(2) Geology of the state;
(3) Hydrogeology of the state;
(4) Climate of the state;
(5) Engineering and technical feasibility;
(6) Availability of alternative technologies or methods of
storage, treatment, or disposal.
(K) Establishing performance standards and other
requirements necessary to protect public health and the environment from
hazards associated with used oil, including, without limitation, standards and
requirements respecting all of the following:
(1) Material that is subject to regulation as used oil;
(2) Generation of used oil;
(3) Used oil collection centers and aggregation points;
(4) Transportation of used oil;
(5) Processing and re-refining of used oil;
(7) Marketing of used oil;
(8) Disposal of used oil;
(9) Use of used oil as a dust suppressant.
Sec. 3734.123. (A) As used in this section and section
3734.124 of the Revised Code, "commercial hazardous waste
incinerator" means an enclosed device that treats hazardous waste
by means of controlled flame combustion and that accepts for
treatment hazardous waste that is generated off the premises on
which the device is located by any person other than the one who
owns or operates the device or one who controls, is controlled
by, or is under common control with the person who owns or
operates the device. "Commercial hazardous waste incinerator"
does not include any "boiler" or "industrial furnace" as those
terms are defined in rules adopted under section 3734.12 of the
Revised Code.
(B) Not sooner than three years after April 15, 1993,
and triennially thereafter, the director of
environmental protection shall prepare, publish, and issue as a
final action an assessment of commercial hazardous waste
incinerator capacity in this state. However, after the issuance
as a final action of a determination under division (A) of
section 3734.124 of the Revised Code that terminates the
restrictions established in division (C) of this section, the
director shall cease preparing, publishing, and issuing the
periodic assessments required under this division. The
assessment shall determine the amount of commercial hazardous
waste incinerator capacity needed to manage the hazardous waste
expected to be generated in this state and imported into this
state for incineration at commercial hazardous waste incinerators
during the next succeeding twenty calendar years. The assessment
shall include at least all of the following:
(1) A determination of the aggregate treatment capacity
authorized at commercial hazardous waste incinerators located in
this state;
(2) A determination of the quantity of hazardous waste
generated in this state that is being treated at commercial
hazardous waste incinerators located in this state and
projections of the quantity of hazardous waste generated in this
state that will be treated at those facilities;
(3) A determination of the quantity of hazardous waste
generated outside this state that is being treated at commercial
hazardous waste incinerators located in this state and
projections of the quantity of hazardous waste generated outside
this state that will be treated at those facilities;
(4) A determination of the quantity of hazardous waste
generated in this state that is being treated at commercial
hazardous waste incinerators located outside this state, and
projections of the quantity of hazardous waste generated in this
state that will be treated at those facilities;
(5) The amount of commercial hazardous waste incinerator
capacity that the director reasonably anticipates will be needed
during the first three years of the planning period to treat
hazardous waste generated from the remediation of sites in this
state that are on the national priority list required under the
"Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as
amended; as a result of corrective actions implemented under the
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,
42 U.S.C.A. 6921, as amended; and as a result of clean-up
activities conducted at sites listed on the master sites list
prepared by the environmental protection agency;
(6) Based upon available data, provided that the data are
reliable and are compatible with the data base of the
environmental protection agency, an identification of any
hazardous waste first listed as a hazardous waste in regulations
adopted under the "Resource Conservation and Recovery Act of
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, on or after
April 15,
1993, and of any hazardous waste
that has been proposed for such listing by publication of a
notice in the federal register on or before December 1 of the
year immediately preceding the triennial assessment;
(7) An analysis of other factors that may result in
capacity changes over the period addressed by the assessment.
(C) Except as otherwise provided in section 3734.124 of
the Revised Code, none of the following shall occur on or after
April 15,
1993:
(1) The director shall not do any of the following:
(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05 of the
Revised Code, as applicable, transmit to the hazardous waste facility board
created in that section any application for a Issue any hazardous waste
facility installation and operation permit under division (D) of section 3745.05 of the Revised Code for the establishment
of a new commercial hazardous waste incinerator, or any request
for a modification, as described in divisions
(I)(3)(a) to (d) of section 3734.05 of the Revised Code,
of an existing commercial hazardous waste
incinerator to increase either the treatment capacity of the
incinerator or the quantity of hazardous waste authorized to be
treated by it, for which the staff of the environmental
protection agency has made a preliminary determination as to
whether the application or request appears to comply with the
rules and standards set forth under divisions (D), (I), and (J)
of section 3734.12 of the Revised Code;
(b) Issue issue any modified hazardous waste facility
installation and operation permit under division (I)(5) of
that section 3734.05 of the Revised Code that would authorize an
increase in either the treatment capacity of a commercial
hazardous waste incinerator or the quantity of hazardous waste
authorized to be treated by it;
(c)(b) Issue any permit pursuant to rules adopted under
division (F) of section 3704.03 of the Revised Code, division (J)
of section 6111.03 of the Revised Code, or the solid waste
provisions of this chapter and rules adopted under those
provisions, that is necessary for the establishment,
modification, or operation of any appurtenant facility or
equipment that is necessary for the operation of a new commercial
hazardous waste incinerator, or the modification of such an
existing incinerator to increase either the treatment capacity of
the incinerator or the quantity of hazardous waste that is
authorized to be treated by it. Upon determining that an
application for any permit pertains to the establishment,
modification, or operation of any appurtenant facility or
equipment, the director shall cease reviewing the application and
return the application and accompanying materials to the
applicant along with a written notice that division (C)(1)(c)(b) of
this section precludes the director from reviewing and
acting upon the
application.
(d)(c) Issue any exemption order under division (G) of
section 3734.02 of the Revised Code exempting the establishment
of a new commercial hazardous waste incinerator; the modification
of an existing facility to increase either the
treatment capacity of the incinerator or the quantity of
hazardous waste that is authorized to be treated by it; or the
establishment, modification, or operation of any facility or
equipment appurtenant to a new or modified commercial
hazardous waste incinerator, from divisions (C)(1)(a), or (b), or
(c) or (C)(2) or (3) of this section.
(2) The staff of the environmental protection agency shall
not take any action under division (D)(3) of section 3734.05 of
the Revised Code to review, or to make a preliminary
determination of compliance with the rules and standards set
forth in divisions (D), (I), and (J) of section 3734.12 of the
Revised Code regarding, any If the director determines that an application for a hazardous waste
facility installation and operation permit submitted under
division (D)(3) of section 3734.05 of the Revised Code that
pertains to the establishment of a new commercial hazardous waste
incinerator, or any a request for a modification of an existing incinerator submitted under division (I)(4)
of
that section to modify an existing incinerator pertains to an increase of either
the treatment capacity of the incinerator or the quantity of
hazardous waste that is authorized to be treated by it. Upon
determining that an application or request submitted under those
divisions pertains to the establishment of a new commercial
hazardous waste incinerator or the modification of an existing
incinerator, the staff of the agency director shall cease reviewing the
application or request and shall return it and the accompanying
materials to the applicant along with a written notice that
division (C)(2) of this section precludes the staff from
reviewing or making any preliminary determination of compliance
regarding review of the application or request.
(3) The hazardous waste facility board created in section
3734.05 of the Revised Code shall not do either of the following:
(a) Approve any application for a hazardous waste facility
installation and operation permit, or issue any permit, under
divisions (D) and (F) of section 3734.05 of the Revised Code that
authorizes the establishment and operation of a new commercial
hazardous waste incinerator;
(b) Approve any request to modify an existing commercial
hazardous waste incinerator under divisions (D) and (I)(7)
of section 3734.05 of the Revised Code that authorizes an increase
in either the treatment capacity of the incinerator or the
quantity of hazardous waste authorized to be treated by it.
Sec. 3734.124. (A) Promptly after issuing a periodic
assessment under division (B) of section 3734.123 of the Revised
Code, the director of environmental protection shall make a
determination as to whether it is necessary or appropriate to
continue the restrictions established in division (C) of section
3734.123 of the Revised Code during the period of time between
the issuance of the assessment and the issuance of the next
succeeding periodic assessment or as to whether it is necessary
or appropriate to terminate the restrictions. The director shall
consider all of the following when making a determination under
this division:
(1) The findings of the assessment;
(2) The findings of an evaluation conducted by the
director, in consultation with the chairperson of the
state emergency response commission created in section 3750.02 of the
Revised Code, regarding the capability of this state to respond
to the types and frequencies of releases of hazardous waste that
are likely to occur at commercial hazardous waste incinerators;
(3) The effect that a new commercial hazardous waste
incinerator may have on ambient air quality in this state;
(4) The findings of a review of relevant information
regarding the impacts of commercial hazardous waste incinerators
on human health and the environment, such as health studies and
risk assessments;
(5) The findings of a review of the operational records of
commercial hazardous waste incinerators operating in this state;
(6) The findings of any review of relevant information
concerning the following:
(a) The cost of and access to commercial hazardous waste
incinerator capacity;
(b) The length of time and the regulatory review process
necessary to fully permit a commercial hazardous waste
incinerator;
(c) Access to long-term capital investment to fund the
building of a commercial hazardous waste incinerator in this
state;
(d) Efforts by generators of hazardous waste accepted by
commercial hazardous waste incinerators to reduce the amount of
hazardous waste that they generate.
(7) Regulatory and legislative concerns that may include,
without limitation, the provisions of paragraphs (a) and (b) of
40 C.F.R. 271.4, as they existed on April 15, 1993.
If, after considering all of the information and concerns
that the director is required to consider under divisions
(A)(1) to (7) of
this section, the director determines that it is necessary or
appropriate to terminate the restrictions established in division
(C) of section 3734.123 of the Revised Code in order to protect
human health or safety or the environment, the director shall
issue as a final action a written determination to that effect.
If the director determines that it is necessary or appropriate
for those purposes to continue the restrictions until the
issuance of the next succeeding periodic assessment under
division (B) of section 3734.123 of the Revised Code, the
director shall issue as a final action a written determination to
that effect. After the issuance as a final action of a
determination under this division that it is necessary or
appropriate to terminate the restrictions established in division
(C) of section 3734.123 of the Revised Code, the director shall
cease making the periodic determinations required under this
division.
(B) Beginning three years after April 15, 1993, but
only on and after the
date of issuance as final
actions of an assessment under division (B) of section 3734.123
of the Revised Code and a determination under division (A) of
this section that it is necessary or appropriate to terminate the
restrictions established in division (C) of section 3734.123 of
the Revised Code, any of the following may occur:
(1) The the director may do any of the following:
(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05 of the
Revised Code, as applicable, transmit to the hazardous waste
facility board
created in that section an application for a hazardous waste
facility installation and operation permit that pertains to the
establishment of a new commercial hazardous waste incinerator, or
a request for a modification, as described
in divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,
of a commercial hazardous waste
incinerator to increase either the treatment capacity of the
incinerator or the quantity of hazardous waste authorized to be
treated by it, for which the staff of the environmental
protection agency has made a preliminary determination as to whether the
application or request appears to
comply with the rules and standards set forth under divisions
(D), (I), and (K) of section 3734.05
of the Revised Code;
(b) To the extent otherwise authorized in division (I)(5)
of section 3734.05 of the Revised Code, issue a modified
hazardous
waste facility installation and operation permit under that
division that authorizes an increase in either the treatment
capacity of a commercial hazardous waste incinerator or the
quantity of hazardous waste authorized to be treated by it;
(c)(1) To the extent otherwise authorized thereunder, issue
any permit pursuant to rules adopted under division (F) of
section 3704.03 of the Revised Code, division (J) of section
6111.03 of the Revised Code, or the solid waste provisions of
this chapter and rules adopted under those provisions, that is
necessary for the establishment, modification, or operation of
any appurtenant facility or equipment that is necessary for the
operation of a new commercial hazardous waste incinerator, or for
the modification of an existing incinerator to increase either
the treatment capacity of the incinerator or the quantity of
hazardous waste authorized to be treated by it;
(d)(2) To the extent otherwise authorized in division (G) of
section 3734.02 of the Revised Code, issue an order exempting the
establishment of a new commercial hazardous waste incinerator;
the modification of an existing incinerator to
increase either the treatment capacity of the incinerator or the
quantity of hazardous waste that is authorized to be treated by
it; or the establishment, modification, or operation of any
facility or equipment appurtenant to a new or modified commercial
hazardous waste incinerator, from division (C)(1)(a), or (b), or (c)
or (C)(2) or (3) of section 3734.123 of the Revised Code.
(2) The staff of the environmental protection agency may
do both of the following:
(a) Pursuant to division (D)(3) or (I)(4) of section
3734.05 of the Revised Code, review an application for a
hazardous waste facility installation and operation permit to
establish a new commercial hazardous waste incinerator or a
request to modify an existing incinerator to increase either the
treatment capacity of the incinerator or the quantity of
hazardous waste authorized to be treated by it;
(b) Pursuant to division (D)(3) or (I)(4) of section
3734.05 of the Revised Code, make a preliminary determination as
to whether an application for a hazardous waste facility permit
to install and operate a new commercial hazardous waste
incinerator or a request to modify an existing incinerator to
increase either the treatment capacity of the incinerator or the
quantity of hazardous waste authorized to be treated by it
appears to comply with the rules and performance standards set
forth under divisions (D), (I), and (J) of section 3734.12 of the
Revised Code.
(3) The hazardous waste facility board may do both of the
following:
(a) Approve or disapprove an application for a hazardous
waste facility installation and operation permit, and issue a
permit, under divisions division (D) and (F) of section 3734.05 of the
Revised Code for a new commercial hazardous waste incinerator;
(b) Under divisions (D) and (I)(7) of that section, approve
(4) Approve or disapprove under division (I) of section 3734.05 of the Revised Code a request to modify the permit of an existing
commercial hazardous waste incinerator to increase either the
treatment capacity of the incinerator or the quantity of
hazardous waste authorized to be treated by it.
Sec. 3734.18. (A) There are hereby levied fees on the
disposal of hazardous waste to be collected according to the
following schedule at each disposal facility to which the
hazardous waste facility board has issued a hazardous waste
facility installation and operation permit or the director of
environmental protection has issued a renewal of a permit pursuant to
section 3734.05 of the Revised Code has been issued under this chapter:
(1) For disposal facilities that are off-site facilities
as defined in division (E) of section 3734.02 of the Revised
Code, fees shall be levied at the rate of four dollars and fifty
cents per ton for hazardous waste disposed of by deep well
injection and nine dollars per ton for hazardous
waste disposed
of by land application or landfilling. The owner or operator of
the facility, as a trustee for the state, shall collect the fees
and forward them to the director in accordance with rules adopted
under this section.
(2) For disposal facilities that are on-site or satellite
facilities, as defined in division (E) of section 3734.02 of the
Revised Code, fees shall be levied at the rate of two dollars per
ton for hazardous waste disposed of by deep well injection and
four dollars per ton for hazardous waste disposed of by land
application or landfilling. The maximum annual disposal fee for
an on-site disposal facility that disposes of one hundred
thousand tons or less of hazardous waste in a year is twenty-five
thousand dollars. The maximum annual disposal fee for an on-site
facility that disposes of more than one hundred thousand tons of
hazardous waste in a year by land application or landfilling is
fifty thousand dollars, and the maximum annual fee for an on-site
facility that disposes of more than one hundred thousand tons of
hazardous waste in a year by deep well injection is one hundred
thousand dollars. The maximum annual disposal fee for a
satellite facility that disposes of one hundred thousand tons or
less of hazardous waste in a year is thirty-seven thousand five
hundred dollars, and the maximum annual disposal fee for a
satellite facility that disposes of more than one hundred
thousand tons of hazardous waste in a year is seventy-five
thousand dollars, except that a satellite facility defined under
division (E)(3)(b) of section 3734.02 of the Revised Code that
receives hazardous waste from a single generation site is subject
to the same maximum annual disposal fees as an on-site disposal
facility. The owner or operator shall pay the fee to the
director each year upon the anniversary of the date of issuance
of the owner's or operator's installation and operation
permit during the term of that
permit and any renewal permit issued under division (H) of
section 3734.05 of the Revised Code. If payment is late, the
owner or operator shall pay an additional ten per cent of the
amount of the fee for each month that it is late.
(B) There are hereby levied fees at the rate of two
dollars per ton on hazardous waste that is treated
at treatment
facilities that are not on-site or satellite facilities, as
defined in division (E) of section 3734.02 of the Revised Code,
to which the hazardous waste facility board has issued a
hazardous waste facility installation and operation permit or the
director renewal of a permit has been issued a renewal permit under this chapter,
or that are not subject to the hazardous waste facility
installation and operation permit requirements under rules
adopted by the director.
(C) There are hereby levied additional fees on the
treatment and disposal of hazardous waste at the rate of ten per
cent of the applicable fees prescribed in division
(A) or (B) of this section for the purposes of paying the costs of
municipal corporations and counties for conducting reviews of
applications for hazardous waste facility installation and
operation permits for proposed new or modified hazardous waste
landfills within their boundaries, emergency response actions
with respect to releases of hazardous waste from hazardous waste
facilities within their boundaries, monitoring the operation of
such hazardous waste facilities, and local waste management
planning programs. The owner or operator of a facility located
within a municipal corporation, as a trustee for the municipal
corporation, shall collect the fees levied by this division and
forward them to the treasurer of the municipal corporation or
such officer as, by virtue of the charter, has the duties of the
treasurer in accordance with rules adopted under this
section. The owner or operator of a facility located in an
unincorporated area, as a trustee of the county in which the
facility is located, shall collect the fees levied by this
division and forward them to the county treasurer of that county
in accordance with rules adopted under this section. The
owner or operator shall pay the fees levied by this division to
the treasurer or such other officer of the municipal corporation
or to the county treasurer each year upon the anniversary of the
date of issuance of the owner's or operator's installation and
operation
permit during the term of that permit and any renewal permit
issued under division (H) of section 3734.05 of the Revised Code.
If payment is late, the owner or operator shall pay an additional ten per cent
of the amount of the fee for each month that the payment is late.
Moneys received by a municipal corporation under this
division shall be paid into a special fund of the municipal
corporation and used exclusively for the purposes of conducting
reviews of applications for hazardous waste facility installation
and operation permits for new or modified hazardous waste
landfills located or proposed within the municipal corporation,
conducting emergency response actions with respect to releases of
hazardous waste from facilities located within the municipal
corporation, monitoring operation of such hazardous waste
facilities, and conducting waste management planning programs
within the municipal corporation through employees of the
municipal corporation or pursuant to contracts entered into with
persons or political subdivisions. Moneys received by a board of
county commissioners under this division shall be paid into a
special fund of the county and used exclusively for those
purposes within the unincorporated area of the county through
employees of the county or pursuant to contracts entered into
with persons or political subdivisions.
(D) As used in this section, "treatment" or "treated" does
not include any method, technique, or process designed to recover
energy or material resources from the waste or to render the
waste amenable for recovery. The fees levied by
division (B)
of this section do not apply to hazardous waste that is
treated and disposed of on the same premises or by the same
person.
(E) The director, by rules adopted in accordance with
Chapters 119. and 3745. of the Revised Code, shall prescribe any
dates not specified in this section and procedures for collecting
and forwarding the fees prescribed by this section and may
prescribe other requirements that are necessary to carry out this
section.
The director shall deposit the moneys collected under
divisions (A) and (B) of this section into one
or more
minority banks, as "minority bank" is defined in division
(F)(1)
of section 135.04 of the Revised Code, to the credit of the
hazardous waste facility management fund, which is hereby created
in the state treasury, except that the director shall deposit to
the credit of the underground injection control fund created in
section 6111.046 of the Revised Code moneys in excess of fifty
thousand dollars that are collected during a fiscal year under
division (A)(2) of this section from the fee levied on the
disposal of hazardous waste by deep well injection at an on-site
disposal facility that disposes of more than one hundred thousand
tons of hazardous waste in a year.
The environmental protection agency and the hazardous waste
facility board may use moneys in the hazardous waste facility
management fund for administration of the hazardous waste program
established under this chapter and, in accordance with this
section, may request approval by the controlling board for
that
use on an annual basis. In addition, the agency may use and
pledge moneys in that fund for repayment of and for interest on
any loans made by the Ohio water development authority to the
agency for the hazardous waste program established under this
chapter without the necessity of requesting approval by the
controlling board, which use and pledge shall have priority over
any other use of the moneys in the fund.
Until September 28, 1996, the
director also may use moneys in the fund to pay
the start-up costs of administering Chapter 3746. of the Revised Code.
If moneys in the fund
that the agency uses in accordance with this chapter are
reimbursed by grants or other moneys from the United States
government, the grants or other moneys shall be placed in the
fund.
Before the agency makes any expenditure from the fund other than for repayment
of and
interest on any loan made by the Ohio water development authority
to the agency in accordance with this section, the controlling
board shall approve the expenditure.
Sec. 3734.28. All moneys collected under sections 3734.122,
3734.13,
3734.20,
3734.22, 3734.24, and 3734.26 of the Revised
Code and natural resource damages
collected by the state under the
"Comprehensive Environmental Response,
Compensation, and Liability
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall
be
paid into
the state treasury to the credit of the hazardous
waste clean-up fund, which
is hereby created. The environmental
protection agency shall use the moneys
in the fund for the
purposes set forth in division (D) of section
3734.122, sections
3734.19, 3734.20, 3734.21, 3734.23,
3734.25, 3734.26,
and
3734.27, and, through June 30,
2003 October 15, 2005,
divisions (A)(1) and (2)
of
section 3745.12 and
Chapter 3746. of the Revised
Code,
including
any related enforcement expenses. In addition, the
agency
shall
use the moneys in the fund to pay the state's
long-term operation
and
maintenance costs or matching share for
actions taken under
the
"Comprehensive Environmental Response,
Compensation, and
Liability Act of 1980," as
amended. If those
moneys are
reimbursed by grants or other moneys from the
United
States or any
other person, the moneys shall be
placed in the fund
and not in
the general revenue fund.
Sec. 3734.42. (A)(1) Except as otherwise provided in division (E)(2) of this
section, every applicant for a permit other
than a permit modification or renewal shall file a disclosure
statement, on a form developed by the attorney general, with the
director of environmental protection and the attorney general at
the same time the applicant files an
application for a permit other than a permit modification or renewal with the
director.
(2) Any individual required to be listed in the disclosure
statement shall be fingerprinted for identification and
investigation purposes in accordance with procedures established
by the attorney general. An
individual required to be fingerprinted under this section shall not be
required to be fingerprinted more than once under this section.
(3) The attorney general, within one hundred eighty days
after receipt of the disclosure statement from an applicant for a
permit, shall prepare and transmit to the director an
investigative report on the applicant, based in part upon the
disclosure statement, except that this deadline may be extended
for a reasonable period of time, for good cause, by the director
or the attorney general. In preparing this report, the attorney
general may request and receive criminal history information from
the federal bureau of investigation and any other law enforcement
agency or organization. The attorney general may provide such
confidentiality regarding the information received from a law
enforcement agency as may be imposed by that agency as a
condition for providing that information to the attorney general.
(4) The review of the application by the director or the
hazardous waste facility board shall include a review of the
disclosure statement and investigative report.
(B) All applicants and permittees shall provide any
assistance or information requested by the director or the
attorney general and shall cooperate in any inquiry or
investigation conducted by the attorney general and any inquiry,
investigation, or hearing conducted by the director or the
hazardous waste facility board. If, upon issuance of a formal
request to answer any inquiry or produce information, evidence,
or testimony, any applicant or permittee, any officer, director,
or partner of any business concern, or any key employee of the
applicant or permittee refuses to comply, the permit of the
applicant or permittee may be denied or revoked by the director
or the board.
(C) The attorney general may charge and collect such fees
from applicants and permittees as are necessary to cover the
costs of administering and enforcing the investigative procedures
authorized in sections 3734.41 to 3734.47 of the Revised Code.
The attorney general shall transmit moneys collected under this
division to the treasurer of state to be credited to the solid
and hazardous waste background investigations fund, which is
hereby created in the state treasury. Moneys in the fund shall
be used solely for paying the attorney general's costs of
administering and enforcing the investigative procedures
authorized in sections 3734.41 to 3734.47 of the Revised Code.
(D) Annually on the anniversary date of the submission to
the director by the attorney general of the investigative report
for a specific facility, or annually on another date assigned by
the attorney general, the appropriate applicant, permittee, or
prospective owner shall submit to the attorney general, on a form
provided by the attorney general, any and all information
required to be included in a disclosure statement that has
changed or been added in the immediately preceding year. If, in the
immediately preceding year, there have been no changes in or additions to the
information required to be included in a disclosure statement, the appropriate
applicant, permittee, or prospective owner shall submit to the attorney
general an affidavit stating that there have been no changes in or additions
to
that information during that time period.
Notwithstanding the requirement for an annual submission of
information, the following information shall be submitted within
the periods specified:
(1) Information required to be included in the disclosure
statement for any new officer, director, partner, or key
employee, to be submitted within ninety days from the addition of
the officer, director, partner, or key employee;
(2) Information required to be included in a disclosure
statement for any new business concern, to be submitted within
ninety days from the addition of the new business concern;
(3) Information regarding any new criminal conviction, to
be submitted within ninety days from the judgment entry of
conviction.
The failure to provide such information may constitute the
basis for the revocation or denial of renewal of any permit or
license issued in accordance with this chapter, provided that
prior to any such denial or revocation, the director shall notify
the applicant or permittee of the director's intention to do so
and give the applicant or permittee fourteen days from the date
of the notice to explain why the information was not provided.
The director shall consider this information when determining
whether to revoke or deny the permit or license.
Nothing in this division affects the rights of the director
or the attorney general granted under sections 3734.40 to 3734.47
of the Revised Code to request information from a person at any
other time.
(E)(1) Except as otherwise provided in division (E)(2) of this section, every
permittee who is not otherwise required to file
a disclosure statement shall file a disclosure statement within
five years after June 24, 1988, pursuant to a schedule for
submissions of disclosure statements developed by the attorney
general. The schedule shall provide all permittees and holders
of a license with at least one hundred eighty days'
notice prior
to the date upon which the statement is to be submitted. All
other terms of the schedule shall be established at the
discretion of the attorney general and shall not be subject to
judicial review.
(2) An applicant for a permit for an off-site solid waste facility that is a
scrap tire storage, monocell, monofill, or recovery facility issued under
section 3734.76, 3734.77, or 3734.78 of the Revised Code, as applicable, shall
file a disclosure statement within five years after October
29, 1993, pursuant to
a schedule for submissions of disclosure statements
developed by the attorney general. The schedule shall provide all such
applicants with at least one hundred eighty days' notice prior to the date
upon which the statement shall be submitted. All other terms of the schedule
shall be established at the discretion of the attorney general and shall not
be subject to judicial review.
Beginning five years after
October 29, 1993, an applicant
for such a permit shall file a disclosure statement in accordance with
division (A)(1) of this section.
(3) When a permittee submits a disclosure statement at the time
it submits an application for a renewal or modification of its
permit, the attorney general shall remove the permittee from the
submission schedule established pursuant to division (E)(1) or (2) of this
section.
(4) After receiving a disclosure statement under division (E)(1) or (2) of
this section, the attorney
general shall prepare an investigative report and transmit it to
the director. The director shall review the disclosure statement
and investigative report to determine whether the statement or
report contains information that if submitted with a permit
application would require a denial of the permit pursuant to
section 3734.44 of the Revised Code. If the director determines
that the statement or report contains such information, the
director may revoke any previously issued permit pursuant to section
3734.45 of the Revised Code, or the director shall deny any
application for a renewal of a permit or license. When the renewal of the
license is being performed by a board of health, the director shall instruct
the board of health about those circumstances under which the renewal is
required to be denied by this section.
(F)(1) Whenever there is a change in ownership of any
off-site solid waste facility, including incinerators, any
transfer facility, any off-site infectious waste treatment
facility, or any off-site hazardous waste treatment, storage, or
disposal facility, the prospective owner shall file a disclosure
statement with the attorney general and the director at least one
hundred eighty days prior to the proposed change in ownership.
Upon receipt of the disclosure statement, the attorney general
shall prepare an investigative report and transmit it to the
director. The director shall review the disclosure statement and
investigative report to determine whether the statement or report
contains information that if submitted with a permit application
would require a denial of the permit pursuant to section 3734.44
of the Revised Code. If the director determines that the
statement or report contains such information, the director
shall disapprove the change in ownership.
(2) If the parties to a change in ownership decide to
proceed with the change prior to the action of the director on
the disclosure statement and investigative report, the parties
shall include in all contracts or other documents reflecting the
change in ownership language expressly making the change in
ownership subject to the approval of the director and expressly
negating the change if it is disapproved by the director pursuant
to division (F)(1) of this section.
(3) As used in this section, "change in ownership"
includes any change in the names, other than those of officers,
directors, partners, or key employees, contained in the
disclosure statement.
Sec. 3734.44. Notwithstanding the provisions of any law to
the contrary, no permit or license shall be issued or renewed
by the director of environmental protection, the hazardous waste
facility board, or a board of health:
(A) Unless the director, the hazardous waste facility
board, or the board of health finds that the applicant, in any
prior performance record in the transportation, transfer,
treatment, storage, or disposal of solid wastes, infectious
wastes, or hazardous waste, has exhibited sufficient reliability,
expertise, and competency to operate the solid waste, infectious
waste, or hazardous waste facility, given the potential for harm
to human health and the environment that could result from the
irresponsible operation of the facility, or, if no prior
record exists,
that the applicant is likely to exhibit that reliability,
expertise, and competence;
(B) If any individual or business concern required to be
listed in the disclosure statement or shown to have a beneficial
interest in the business of the applicant or the permittee, other
than an equity interest or debt liability, by the investigation
thereof, has been convicted of any of the following crimes under
the laws of this state or equivalent laws of any other
jurisdiction:
(10) Theft and related crimes;
(11) Forgery and fraudulent practices;
(12) Fraud in the offering, sale, or purchase of
securities;
(13) Alteration of motor vehicle identification numbers;
(14) Unlawful manufacture, purchase, use, or transfer of
firearms;
(15) Unlawful possession or use of destructive devices or
explosives;
(16) Violation of section 2925.03, 2925.04, 2925.05,
2925.06, 2925.11,
2925.32, or 2925.37 or Chapter 3719. of the Revised Code,
unless the violation is for possession of less than one hundred grams
of marihuana, less than five grams of marihuana resin
or extraction or preparation of
marihuana resin, or less than one gram of marihuana resin
in a liquid concentrate, liquid extract, or liquid distillate form;
(17) Engaging in a pattern of corrupt activity under section 2923.32 of the
Revised Code;
(18) Violation of criminal provisions of Chapter 1331. of
the Revised Code;
(19) Any violation of the criminal provisions of any
federal or state environmental protection laws, rules, or
regulations that is committed knowingly or recklessly, as
defined in section 2901.22 of the Revised Code;
(20) Violation of Chapter 2909. of the Revised Code;
(21) Any offense specified in Chapter 2921. of the Revised Code.
(C) Notwithstanding division (B) of this section, no
applicant shall be denied the issuance or renewal of a permit or
license on the basis of a conviction of any individual or
business concern required to be listed in the disclosure
statement or shown to have a beneficial interest in the business
of the applicant or the permittee, other than an equity interest
or debt liability, by the investigation thereof for any of the
offenses enumerated in that division as disqualification criteria
if that applicant has affirmatively demonstrated rehabilitation
of the individual or business concern by a preponderance of the
evidence. If any such individual was
convicted of any of the offenses so enumerated that are felonies,
a permit shall be denied unless five years have elapsed since the individual
was fully discharged from
imprisonment and parole for the offense, from a
post-release control sanction imposed under section 2967.28
of the Revised Code for the offense, or imprisonment, probation, and parole
for an offense
that was committed prior to the effective date of this amendment. In
determining whether an applicant has affirmatively demonstrated
rehabilitation, the director, the hazardous waste facility board,
or the board of health shall request a recommendation on the
matter from the attorney general and shall consider and base the
determination on the following factors:
(1) The nature and responsibilities of the position a
convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was
committed;
(6) Whether the offense was an isolated or repeated
incident;
(7) Any social conditions that may have contributed to the
offense;
(8) Any evidence of rehabilitation, including good conduct
in prison or in the community, counseling or psychiatric
treatment received, acquisition of additional academic or
vocational schooling, successful participation in correctional
work release programs, or the recommendation of persons who have
or have had the applicant under their supervision;
(9) In the instance of an applicant that is a business
concern, rehabilitation shall be established if the applicant has
implemented formal management controls to minimize and prevent
the occurrence of violations and activities that will or may
result in permit or license denial or revocation or if the
applicant has formalized those controls as a result of a
revocation or denial of a permit or license. Those
controls may include, but are not limited to, instituting
environmental auditing
programs to help ensure the adequacy of internal systems to
achieve, maintain, and monitor compliance with applicable
environmental laws and standards or instituting an antitrust
compliance auditing program to help ensure full compliance with
applicable antitrust laws. The business concern shall prove by a
preponderance of the evidence that the management controls are
effective in preventing the violations that are the subject of
concern.
(D) Unless the director, the hazardous waste facility board,
or the board of health finds that the applicant has a history of
compliance with environmental laws in this state and other
jurisdictions and is presently in substantial compliance with, or
on a legally enforceable schedule that will result in compliance
with, environmental laws in this state and other jurisdictions.;
(E) With respect to the approval of a permit, if the
director or the hazardous waste facility board determines that
current prosecutions or pending charges in any jurisdiction for
any of the offenses enumerated in division (B) of this section
against any individual or business concern required to be listed
in the disclosure statement or shown by the investigation to have
a beneficial interest in the business of the applicant other than
an equity interest or debt liability are of such magnitude that
they prevent making the finding required under division (A) of
this section, provided that at the request of the applicant or
the individual or business concern charged, the director or the hazardous
waste facility board shall defer
decision upon the application during the pendency of the charge.
Sec. 3734.46. Notwithstanding the disqualification of the applicant or
permittee pursuant to this chapter, the director of environmental protection,
hazardous waste facility board, or the board of health may issue or renew a permit
or license if the applicant or permittee severs the interest of or affiliation
with the individual or business concern that would otherwise cause that
disqualification or may issue or renew a license on a temporary basis for a
period not to exceed six months if the director or the board of health determines that
the issuance or renewal of the permit or license is necessitated by the public
interest.
Sec. 3734.57. (A) For the purposes of paying the state's
long-term operation costs or matching share for actions taken
under the
"Comprehensive Environmental Response, Compensation,
and
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as
amended; paying the costs of measures for proper clean-up of
sites
where polychlorinated biphenyls and substances, equipment,
and
devices containing or contaminated with polychlorinated
biphenyls
have been stored or disposed of; paying the costs of
conducting
surveys or investigations of solid waste facilities or
other
locations where it is believed that significant quantities
of
hazardous waste were disposed of and for conducting
enforcement
actions arising from the findings of such surveys or
investigations; paying the costs of acquiring and cleaning
up, or
providing financial assistance for cleaning up, any
hazardous
waste facility or solid waste facility containing
significant
quantities of hazardous waste, that constitutes an
imminent and
substantial threat to public health or safety or the
environment;
and, from July 1,
2001 2003, through June 30,
2004 2006,
for the
purposes
of paying the costs of administering and
enforcing the
laws
pertaining to solid wastes, infectious wastes,
and
construction
and demolition debris, including, without
limitation,
ground water
evaluations related to solid wastes,
infectious
wastes, and
construction and demolition debris, under
this chapter
and Chapter
3714. of the Revised Code and any rules
adopted under
them, and
paying a share of the administrative
costs of the
environmental
protection agency pursuant to section
3745.014 of
the Revised
Code, the following fees are hereby
levied on the
disposal of
solid wastes in this state:
(1) One dollar per ton on and after July 1, 1993;
(2) An additional seventy-five cents one dollar per ton on
and after
July 1,
2001 2003, through June 30,
2004 2006.
The owner or operator of a solid waste disposal facility
shall collect the fees levied under this division as a trustee
for
the state and shall prepare and file with the director of
environmental protection monthly returns indicating the total
tonnage of solid wastes received for disposal at the gate of the
facility and the total amount of the fees collected under this
division. Not later than thirty days after the last day of the
month to which such a return applies, the owner or operator shall
mail to the director the return for that month together with the
fees collected during that month as indicated on the return. The
owner or operator may request an extension of not more than
thirty
days for filing the return and remitting the fees,
provided that
the owner or operator has submitted such a
request in writing to
the
director together with a detailed description of why the
extension is requested, the director has received the request not
later than the day on which the return is required to be filed,
and the director has approved the request. If the fees are not
remitted within sixty days after the last day of the month during
which they were collected, the owner or operator shall pay an
additional fifty per cent of the amount of the fees for each
month
that they are late.
One-half of the moneys remitted to the director under
division (A)(1) of this section shall be credited to the
hazardous
waste facility management fund created in section
3734.18 of the
Revised Code, and one-half shall be credited to
the hazardous
waste clean-up fund created in section 3734.28 of
the Revised
Code. The moneys remitted to the director under
division (A)(2)
of this section shall be credited to the solid
waste fund, which
is hereby created in the state treasury. The
environmental
protection agency shall use moneys in the solid
waste fund only to
pay the costs of administering and enforcing
the laws pertaining
to solid wastes, infectious wastes, and
construction and
demolition debris, including, without
limitation, ground water
evaluations related to solid wastes,
infectious wastes, and
construction and demolition debris, under
this chapter and Chapter
3714. of the Revised Code and rules
adopted
under them and to pay
a share of the administrative costs of the
environmental
protection agency pursuant to section 3745.014 of
the Revised
Code.
The fees levied under this division and divisions (B) and
(C)
of this section are in addition to all other applicable fees
and
taxes and shall be added to any other fee or amount specified
in a
contract that is charged by the owner or operator of a solid
waste
disposal facility or to any other fee or amount that is
specified
in a contract entered into on or after March 4, 1992,
and that is
charged by a transporter of solid wastes.
(B) For the purpose of preparing, revising, and
implementing
the solid waste management plan of the county or
joint solid waste
management district, including, without
limitation, the
development and implementation of solid waste
recycling or
reduction programs; providing financial assistance
to boards of
health within the district, if solid waste
facilities are located
within the district, for the enforcement
of this chapter and rules
adopted
and orders and terms and conditions of permits, licenses,
and
variances issued under it, other than the hazardous waste
provisions of this chapter and rules adopted and orders and terms
and conditions of permits issued under those provisions;
providing
financial
assistance to the county to defray the added costs of
maintaining
roads and other public facilities and of providing
emergency and
other public services resulting from the location
and operation
of a solid waste facility within the county under
the district's
approved solid waste management plan; paying the
costs incurred
by boards of health for collecting and analyzing
water samples
from public or private wells on lands adjacent to
solid waste
facilities that are contained in the approved or
amended plan of
the district; paying the costs of developing and
implementing a
program for the inspection of solid wastes
generated outside the
boundaries of this state that are disposed
of at solid waste
facilities included in the district's approved
solid waste
management plan or amended plan; providing financial
assistance
to boards of health within the district for enforcing
laws
prohibiting open dumping; providing financial assistance to
local
law enforcement agencies within the district for enforcing
laws
and ordinances prohibiting littering; providing financial
assistance to boards of health of health districts within the
district that are on the approved list under section 3734.08 of
the Revised Code for the training and certification required for
their employees responsible for solid waste enforcement by rules
adopted under division (L) of section 3734.02 of the Revised
Code;
providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district; and
payment
of any expenses that are agreed to, awarded, or ordered to be paid
under section 3734.35 of the Revised Code
and of any
administrative costs incurred pursuant
to that section, the solid
waste management policy committee of a county
or joint solid waste
management district may levy fees upon the following
activities:
(1) The disposal at a solid waste disposal facility
located
in the district of solid wastes generated within the
district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
If any such fees are levied prior to January 1, 1994, fees
levied under division (B)(1) of this section always shall be
equal
to one-half of the fees levied under division (B)(2) of
this
section, and fees levied under division (B)(3) of this
section,
which shall be in addition to fees levied under division
(B)(2) of
this section, always shall be equal to fees levied
under division
(B)(1) of this section, except as otherwise
provided in this
division. The solid waste management plan of
the county or joint
district approved under section 3734.521 or
3734.55 of the Revised
Code and any amendments to it, or the
resolution adopted under
this division, as appropriate, shall
establish the rates of the
fees levied under divisions (B)(1),
(2), and (3) of this section,
if any, and shall specify whether
the fees are levied on the basis
of tons or cubic yards as the
unit of measurement. Although the
fees under divisions (A)(1)
and (2) of this section are levied on
the basis of tons as the
unit of measurement, the solid waste
management plan of the
district and any amendments to it or the
solid waste management
policy committee in its resolution levying
fees under this
division may direct that the fees levied under
those divisions be
levied on the basis of cubic yards as the unit
of measurement
based upon a conversion factor of three cubic yards
per ton
generally or one cubic yard per ton for baled wastes if
the fees
under divisions (B)(1) to (3) of this section are being
levied on
the basis of cubic yards as the unit of measurement
under the
plan, amended plan, or resolution.
On and after January 1, 1994, the fee levied under division
(B)(1) of this section shall be not less than one dollar per ton
nor more than two dollars per ton, the fee levied under division
(B)(2) of this section shall be not less than two dollars per ton
nor more than four dollars per ton, and the fee levied under
division (B)(3) of this section shall be not more than the fee
levied under division (B)(1) of this section, except as otherwise
provided in this division and notwithstanding any schedule of
those fees established in the solid waste management plan of a
county or joint district approved under section 3734.55 of the
Revised Code or a resolution adopted and ratified under this
division that is in effect on that date. If the fee that a
district is levying under division (B)(1) of this section on that
date under its approved plan or such a resolution is less than
one
dollar per ton, the fee shall be one dollar per ton on and
after
January 1, 1994, and if the fee that a district is so
levying
under that division exceeds two dollars per ton, the fee
shall be
two dollars per ton on and after that date. If the fee
that a
district is so levying under division (B)(2) of this
section is
less than two dollars per ton, the fee shall be two
dollars per
ton on and after that date, and if the fee that the
district is so
levying under that division exceeds four dollars
per ton, the fee
shall be four dollars per ton on and after that
date. On that
date, the fee levied by a district under division
(B)(3) of this
section shall be equal to the fee levied under
division (B)(1) of
this section. Except as otherwise provided in
this division, the
fees established by the operation of this
amendment shall remain
in effect until the district's resolution
levying fees under this
division is amended or repealed in
accordance with this division
to amend or abolish the schedule of
fees, the schedule of fees is
amended or abolished in an amended
plan of the district approved
under section 3734.521 or division
(A) or (D) of section 3734.56
of the Revised Code, or the
schedule of fees is amended or
abolished through an amendment to
the district's plan under
division (E) of section 3734.56 of the
Revised Code; the
notification of the amendment or abolishment of
the fees has been
given in accordance with this division; and
collection of the
amended fees so established commences, or
collection of the fees
ceases, in accordance with this division.
The solid waste management policy committee of a district
levying fees under divisions (B)(1) to (3) of this
section on
October 29, 1993, under its solid waste management plan
approved
under section 3734.55 of the
Revised Code or a resolution adopted
and ratified under this
division that are within the ranges of
rates prescribed by this
amendment, by adoption of a resolution
not later than December 1,
1993, and without the necessity for
ratification of the
resolution under this division, may amend
those fees within the
prescribed ranges, provided that the
estimated revenues from the
amended fees will not substantially
exceed the estimated revenues
set forth in the district's budget
for calendar year 1994. Not
later than seven days after the
adoption of such a resolution,
the committee shall notify by
certified mail the owner or
operator of each solid waste disposal
facility that is required
to collect the fees of the adoption of
the resolution and of the
amount of the amended fees. Collection
of the amended fees shall
take effect on the first day of the
first month following the
month in which the notification is sent
to the owner or operator. The
fees established in such a
resolution shall remain in effect
until the district's resolution
levying fees that was adopted and
ratified under this division is
amended or repealed, and the
amendment or repeal of the resolution
is ratified, in accordance
with this division, to amend or abolish
the fees, the schedule of
fees is amended or abolished in an
amended plan of the district
approved under section 3734.521 or
division
(A) or (D) of section 3734.56 of the Revised Code, or the
schedule of fees is amended or abolished through an amendment to
the district's plan under division (E) of section 3734.56 of the
Revised Code; the notification of the amendment or abolishment of
the fees has been given in accordance with this division; and
collection of the amended fees so established commences, or
collection of the fees ceases, in accordance with this division.
Prior to the approval of the solid waste management plan of
the district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting
the resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or
institutional
generators of solid wastes within the district that
generate the
largest quantities of solid wastes, as determined by
the
committee, and to their local trade associations. The
committee
shall make good faith efforts to identify those
generators within
the district and their local trade
associations, but the
nonprovision of notice under this division
to a particular
generator or local trade association does not
invalidate the
proceedings under this division. The publication
shall occur at
least thirty days before the hearing. After the
hearing, the
committee may make such revisions to the proposed
fees as it
considers appropriate and thereafter, by resolution,
shall adopt
the revised fee schedule. Upon adopting the revised
fee schedule,
the committee shall deliver a copy of the
resolution doing so to
the board of county commissioners of each
county forming the
district and to the legislative authority of
each municipal
corporation and township under the jurisdiction of
the district.
Within sixty days after the delivery of a copy of
the resolution
adopting the proposed revised fees by the policy
committee, each
such board and legislative authority, by
ordinance or resolution,
shall approve or disapprove the revised
fees and deliver a copy of
the ordinance or resolution to the
committee. If any such board
or legislative authority fails to
adopt and deliver to the policy
committee an ordinance or
resolution approving or disapproving the
revised fees within
sixty days after the policy committee
delivered its resolution
adopting the proposed revised fees, it
shall be conclusively
presumed that the board or legislative
authority has approved the
proposed revised fees.
In the case of a county district or a joint district formed
by two or three counties, the committee shall declare the
proposed
revised fees to be ratified as the fee schedule of the
district
upon determining that the board of county commissioners
of each
county forming the district has approved the proposed
revised fees
and that the legislative authorities of a
combination of municipal
corporations and townships with a
combined population within the
district comprising at least sixty
per cent of the total
population of the district have approved
the proposed revised
fees, provided that in the case of a county
district, that
combination shall include the municipal
corporation having the
largest population within the boundaries
of the district, and
provided further that in the case of a joint
district formed by
two or three counties, that combination shall
include for each
county forming the joint district the municipal
corporation having
the largest population within the boundaries
of both the county in
which the municipal corporation is located
and the joint district.
In the case of a joint district formed
by four or more counties,
the committee shall declare the
proposed revised fees to be
ratified as the fee schedule of the
joint district upon
determining that the boards of county
commissioners of a majority
of the counties forming the district
have approved the proposed
revised fees; that, in each of a
majority of the counties forming
the joint district, the proposed
revised fees have been approved
by the municipal corporation
having the largest population within
the county and the joint
district; and that the legislative
authorities of a combination
of municipal corporations and
townships with a combined
population within the joint district
comprising at least sixty
per cent of the total population of the
joint district have
approved the proposed revised fees.
For the purposes of this division, only the population of
the
unincorporated area of a township shall be considered. For
the
purpose of determining the largest municipal corporation
within
each county under this division, a municipal corporation
that is
located in more than one solid waste management district,
but that
is under the jurisdiction of one county or joint solid
waste
management district in accordance with division (A) of
section
3734.52 of the Revised Code shall be considered to be
within the
boundaries of the county in which a majority of the
population of
the municipal corporation resides.
The committee may amend the schedule of fees levied
pursuant
to a resolution or amended resolution adopted and
ratified under
this division by adopting a resolution
establishing the proposed
amount of the amended fees. The
committee may abolish the fees
levied pursuant to such a
resolution or amended resolution by
adopting a resolution
proposing to repeal them. Upon adopting
such a resolution, the
committee shall proceed to obtain
ratification of the resolution
in accordance with this division.
Not later than fourteen days after declaring the fees or
amended fees to be ratified under this division, the committee
shall notify by certified mail the owner or operator of each
solid
waste disposal facility that is required to collect the
fees of
the ratification and the amount of the fees. Collection
of any
fees or amended fees ratified on or after March 24, 1992,
shall
commence on the first day of the second month following the
month
in which notification is sent to the owner or operator.
Not later than fourteen days after declaring the repeal of
the district's schedule of fees to be ratified under this
division, the committee shall notify by certified mail the owner
or operator of each facility that is collecting the fees of the
repeal. Collection of the fees shall cease on the first day of
the second month following the month in which notification is
sent
to the owner or operator.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan under
section 3734.55 of the Revised Code or amended plan under
division
(A) or (D) of section 3734.56 of the Revised Code that
establishes
or amends a schedule of fees levied by the district,
or the
ratification of an amendment to the district's approved
plan or
amended plan under division (E) of section 3734.56 of the
Revised
Code that establishes or amends a schedule of fees, as
appropriate, the committee shall notify by certified mail the
owner or operator of each solid waste disposal facility that is
required to collect the fees of the approval of the plan or
amended plan, or the amendment to the plan, as appropriate, and
the amount of the fees or amended fees. In the case of an
initial
or amended plan approved under section 3734.521 of the
Revised
Code in connection with a change in district composition,
other
than one involving the withdrawal of a county from a joint
district, that establishes or amends a schedule of fees levied
under divisions (B)(1) to (3) of this section by a district
resulting from the change, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect
the
fees that the change has taken effect and of the amount of
the
fees or amended fees. Collection of any fees set forth in a
plan
or amended plan approved by the director on or after April
16,
1993, or an amendment of a plan or amended plan under
division (E)
of section 3734.56 of the Revised Code that is
ratified on or
after April 16, 1993, shall commence on the first
day of the
second month following the month in which notification
is sent to
the owner or operator.
Not later than fourteen days after the director issues an
order approving a district's plan under section 3734.55 of the
Revised Code or amended plan under division (A) or (D) of section
3734.56 of the Revised Code that abolishes the schedule of fees
levied under divisions (B)(1) to (3) of this section, or an
amendment to the district's approved plan or amended plan
abolishing the schedule of fees is ratified pursuant to division
(E) of section 3734.56 of the Revised Code, as appropriate, the
committee shall notify by certified mail the owner or operator of
each facility that is collecting the fees of the approval of the
plan or amended plan, or the amendment of the plan or amended
plan, as appropriate, and the abolishment of the fees. In the
case of an initial or amended plan approved under section
3734.521
of the Revised Code in connection with a change in
district
composition, other than one involving the withdrawal of
a county
from a joint district, that abolishes the schedule of
fees levied
under divisions (B)(1) to (3) of this section by a
district
resulting from the change, the committee, within
fourteen days
after the change takes effect pursuant to division
(G) of that
section, shall notify by certified mail the owner or
operator of
each solid waste disposal facility that is required
to collect the
fees that the change has taken effect and of the
abolishment of
the fees. Collection of the fees shall cease on
the first day of
the second month following the month in which
notification is sent
to the owner or operator.
Except as otherwise provided in this division, if the
schedule of fees that a district is levying under divisions
(B)(1)
to (3) of this section pursuant to a resolution or amended
resolution adopted and ratified under this division, the solid
waste management plan of the district approved under section
3734.55 of the Revised Code, an amended plan approved under
division (A) or (D) of section 3734.56 of the Revised Code, or an
amendment to the district's approved plan or amended plan under
division (E) of section 3734.56 of the Revised Code, is amended
by
the adoption and ratification of an amendment to the
resolution or
amended resolution or an amendment of the
district's approved plan
or amended plan, the fees in effect
immediately prior to the
approval of the plan or the amendment of
the resolution, amended
resolution, plan, or amended plan, as
appropriate, shall continue
to be collected until collection of
the amended fees commences
pursuant to this division.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate,
forty-five
days or more before the beginning of a calendar year,
the policy
committee of each of the districts resulting from the
change that
obtained the director's approval of an initial or
amended plan in
connection with the change, within fourteen days
after the
director's completion of the required actions, shall
notify by
certified mail the owner or operator of each solid
waste disposal
facility that is required to collect the
district's fees that the
change is to take effect on the first
day of January immediately
following the issuance of the notice
and of the amount of the fees
or amended fees levied under
divisions (B)(1) to (3) of this
section pursuant to the
district's initial or amended plan as so
approved or, if
appropriate, the abolishment of the district's
fees by that
initial or amended plan. Collection of any fees set
forth in
such a plan or amended plan shall commence on the first
day of
January immediately following the issuance of the notice.
If
such an initial or amended plan abolishes a schedule of fees,
collection of the fees shall cease on that first day of January.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate, less
than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid
waste
disposal facility that is required to collect the
district's fees
that the change is to take effect on the first
day of January
immediately following the mailing of the notice
and of the amount
of the fees or amended fees levied under
divisions (B)(1) to (3)
of this section pursuant to the
district's initial or amended plan
as so approved or, if
appropriate, the abolishment of the
district's fees by that
initial or amended plan. Collection of
any fees set forth in
such a plan or amended plan shall commence
on the first day of
the second month following the month in which
notification is
sent to the owner or operator. If such an initial
or amended
plan abolishes a schedule of fees, collection of the
fees shall
cease on the first day of the second month following
the month in
which notification is sent to the owner or operator.
In the case of a change in district composition, the
schedule
of fees that the former districts that existed prior to
the change
were levying under divisions (B)(1) to (3) of this
section
pursuant to a resolution or amended resolution adopted
and
ratified under this division, the solid waste management plan
of a
former district approved under section 3734.521 or 3734.55
of the
Revised Code, an amended plan approved under section
3734.521 or
division (A) or (D) of section 3734.56 of the Revised
Code, or an
amendment to a former district's approved plan or
amended plan
under division (E) of section 3734.56 of the Revised
Code, and
that were in effect on the date that the director
completed the
actions required under division (G)(1) or (3) of
section 3734.521
of the Revised Code shall continue to be
collected until the
collection of the fees or amended fees of the
districts resulting
from the change is required to commence, or
if an initial or
amended plan of a resulting district abolishes a
schedule of fees,
collection of the fees is required to cease,
under this division.
Moneys so received from the collection of
the fees of the former
districts shall be divided among the
resulting districts in
accordance with division (B) of section
343.012 of the Revised
Code and the agreements entered into under
division (B) of section
343.01 of the Revised Code to establish
the former and resulting
districts and any amendments to those
agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or abolished is
required
to cease,
"fees" or
"schedule of fees" includes, in
addition to
fees levied under divisions (B)(1) to (3) of this
section, those
levied under section 3734.573 or 3734.574 of the
Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township
for
reductions in real property tax revenues due to reductions in
real
property valuations resulting from the location and
operation of a
solid waste disposal facility within the municipal
corporation or
township, a municipal corporation or township in
which such a
solid waste disposal facility is located may levy a
fee of not
more than twenty-five cents per ton on the disposal of
solid
wastes at a solid waste disposal facility located within
the
boundaries of the municipal corporation or township
regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24,
1992,
shall commence on the first day of the second month
following the
month in which notification is sent to the owner or
operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to the
disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator
of
the wastes when the solid waste facility exclusively disposes
of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose
of wastes that are generated from the combustion of coal, or from
the combustion of primarily coal in combination with scrap tires,
that is not combined in any way with garbage at one or more
premises owned by the generator.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of
the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that
consist
of scrap tires, are burned in a disposal facility that is
an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section
shall be levied upon
the disposal of the fly ash and bottom ash
remaining after burning
of the solid wastes and shall be
collected by the owner or
operator of the sanitary landfill where
the ash is disposed of.
(4) When solid wastes are delivered to a solid waste
transfer facility, the fees levied under divisions (A), (B), and
(C) of this section shall be levied upon
the disposal of solid
wastes transported off the premises of the
transfer facility for
disposal and shall be collected by the
owner or operator of the
solid waste disposal facility where the
wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of
this section do not apply to sewage sludge that is generated by a
waste water treatment facility holding a national pollutant
discharge elimination system permit and that is disposed of
through incineration, land application, or composting or at
another resource recovery or disposal facility that is not a
landfill.
(6) The fees levied under divisions (A), (B), and (C) of
this section do not apply to solid wastes delivered to a solid
waste composting facility for processing. When any unprocessed
solid waste or compost product is transported off the premises of
a composting facility and disposed of at a landfill, the fees
levied under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied
under
divisions (A), (B), and (C) of this
section shall be levied upon
the disposal of the fly ash and
bottom ash or other solid wastes
remaining after the processing
of the scrap tires and shall be
collected by the owner or
operator of the solid waste disposal
facility where the ash or
other solid wastes are disposed of.
(E) The fees levied under divisions (B) and (C)
of this
section shall be collected by the owner or operator of
the solid
waste disposal facility where the wastes are disposed
of as a
trustee for the county or joint district and municipal
corporation
or township where the wastes are disposed of. Moneys
from the
fees levied under division (B) of this
section shall be forwarded
to the board of county commissioners
or board of directors of the
district in accordance with rules
adopted under division (H) of
this section. Moneys from the fees
levied under division (C) of
this section shall be forwarded to
the treasurer or such other
officer of the municipal corporation
as, by virtue of the charter,
has the duties of the treasurer or
to the clerk of the township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or such other officer
of the municipal corporation under division (E) of this section
shall be paid into the general fund of the municipal corporation.
Moneys received by the clerk of the township under that division
shall be paid into the general fund of the township. The
treasurer or such other officer of the municipal corporation or
the clerk, as appropriate, shall maintain separate records of the
moneys received from the fees levied under division (C) of this
section.
(G) Moneys received by the board of county commissioners
or
board of directors under division (E) of this section or
section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code
shall be paid to the county treasurer, or other official
acting in
a similar capacity under a county charter, in a county
district or
to the county treasurer or other official designated
by the board
of directors in a joint district and kept in a
separate and
distinct fund to the credit of the district. If a
regional solid
waste management authority has been formed under
section 343.011
of the Revised Code, moneys received by the board
of trustees of
that regional authority under division (E) of this
section shall
be kept by the board in a separate and distinct
fund to the credit
of the district. Moneys in the special fund
of the county or
joint district arising from the fees levied
under division (B) of
this section and the fee levied
under division (A) of section
3734.573 of the Revised Code shall
be expended by the board of
county commissioners or directors of
the district in accordance
with the district's solid waste
management plan or amended plan
approved under section 3734.521,
3734.55, or 3734.56 of the
Revised Code exclusively for the
following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review
and
amendment of the plan required by section 3734.56 of the
Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health
within the district, if solid waste facilities are located within
the district, for enforcement of this chapter and rules, orders,
and terms and conditions of
permits, licenses, and variances
adopted or issued under it,
other than the hazardous waste
provisions of this chapter and
rules adopted and orders and terms
and conditions of permits issued under
those
provisions;
(4) Providing financial assistance to each county within
the
district to defray the added costs of maintaining roads and
other
public facilities and of providing emergency and other
public
services resulting from the location and operation of a
solid
waste facility within the county under the district's
approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of
health
within the district, if solid waste facilities contained
in the
district's approved plan or amended plan are located
within the
district, for paying the costs incurred by those
boards of health
for collecting and analyzing samples from public
or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the
inspection
of solid wastes generated outside the boundaries of
this state
that are disposed of at solid waste facilities
included in the
district's approved solid waste management plan
or amended plan;
(7) Providing financial assistance to boards of health
within the district for the enforcement of section 3734.03 of the
Revised Code or to local law enforcement agencies having
jurisdiction within the district for enforcing anti-littering
laws
and ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved
list
under section 3734.08 of the Revised Code to defray the
costs to
the health districts for the participation of their
employees
responsible for enforcement of the solid waste
provisions of this
chapter and rules adopted and orders and terms
and conditions of
permits, licenses, and variances issued under
those provisions in
the training and certification program as
required by rules
adopted under division (L) of section 3734.02
of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be
paid under section 3734.35 of the Revised Code and
of any administrative
costs incurred pursuant to that section. In
the case of a joint solid waste
management district, if the board
of county commissioners of one of the
counties in the district is
negotiating on behalf of affected communities, as
defined in that
section, in that county, the board shall obtain the approval
of
the board of directors of the district in order to expend moneys
for
administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees
shall
be
expended for those purposes in the manner prescribed by
the
solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section
as it existed
prior to October 29, 1993, or any provision in a district's
solid
waste
management plan
prepared in accordance with division
(B)(2)(e) of section 3734.53
of the Revised Code as it existed
prior to that date, any moneys
arising from the fees levied under
division (B)(3) of this
section prior to January 1, 1994, may be
expended for any of the
purposes authorized in divisions (G)(1) to
(10) of this
section.
(H) The director shall adopt
rules in accordance with
Chapter 119. of the Revised Code
prescribing procedures for
collecting and forwarding the fees
levied under divisions (B) and
(C) of this section to the boards
of county commissioners or
directors of county or joint solid
waste management districts and
to the treasurers or other
officers of municipal corporations or
to the clerks of townships.
The rules also shall prescribe the
dates for forwarding the fees
to the boards and officials and may
prescribe any other
requirements the director considers necessary
or appropriate to
implement and administer divisions (A), (B), and
(C) of this
section. Collection of the fees levied under division
(A)(1) of
this section shall commence on July 1, 1993. Collection
of the
fees
levied under division (A)(2) of this section shall
commence
on January 1, 1994.
Sec. 3735.67. (A) The owner of real property located in a
community reinvestment area and eligible for exemption from taxation under a
resolution adopted pursuant to section 3735.66 of the Revised Code may file an
application for an
exemption from real property taxation of a percentage of the assessed
valuation of a new structure or
remodeling, completed after the effective date of the resolution
adopted pursuant to section 3735.66 of the Revised Code, with the
housing officer designated pursuant to section 3735.66 of the
Revised Code for the community reinvestment area in which the
property is located. If any part of the new structure or remodeling that
would be exempted is of real property to be used for commercial or industrial
purposes, the legislative authority and the owner of the property shall enter
into a written agreement pursuant to section 3735.671 of the Revised Code
prior to commencement of construction or remodeling; if such an agreement is
subject to approval by the board of education of the school district within
the territory of which the property is or will be located, the agreement shall
not be formally approved by the legislative authority until the board of
education approves the agreement in the manner prescribed by that section.
(B) The housing officer shall verify the construction of
the new structure or the cost of the remodeling and the facts
asserted in the application. The housing officer shall determine
whether the construction or the cost of the remodeling meets the
requirements for an exemption under this section. In cases involving a
structure of historical or
architectural significance, the housing officer shall not
determine whether the remodeling meets the requirements for a tax
exemption unless the appropriateness of the remodeling has been
certified, in writing, by the society, association, agency, or
legislative authority that has designated the structure or by any
organization or person authorized, in writing, by such society,
association, agency, or legislative authority to certify the
appropriateness of the remodeling.
(C) If the construction or remodeling meets the
requirements for exemption, the housing officer shall forward
the application to the county auditor with a certification as to
the division of this section under which the exemption is granted,
and the period and percentage of the exemption as determined by the
legislative
authority pursuant to that division. If the construction or remodeling is of
commercial or industrial property and the legislative authority is not
required to certify a copy of a resolution under section 3735.671 of the
Revised Code, the housing officer shall comply with the notice requirements
prescribed under section 5709.83 of the Revised Code, unless the
board has adopted a resolution under
that section waiving its right to receive such a notice.
(D) The tax exemption shall first apply in the year the construction or
remodeling would first be taxable but for this
section. In the case of remodeling that qualifies for exemption,
a percentage, not to exceed one hundred per cent, of the amount by
which the remodeling increased the assessed value of the structure
shall be exempted from real property taxation. In the case of construction
of a structure that qualifies for exemption, a percentage, not to exceed one
hundred per cent, of the assessed value of the structure shall be
exempted from real property taxation. In either case, the percentage shall be
the percentage set forth in the agreement if the structure or remodeling is to
be used for commercial or industrial purposes, or the percentage set forth in
the resolution describing the community reinvestment area if the structure or
remodeling is to be used for residential purposes.
The construction of new structures and the remodeling of
existing structures are hereby declared to be a public purpose
for which exemptions from real property taxation may be granted
for the following periods:
(1) For every dwelling containing not more than two family
units located within the same community reinvestment area and
upon which the cost of remodeling is at least two thousand five
hundred dollars, a period to be determined by the legislative
authority adopting the resolution describing the community reinvestment area
where the dwelling is located, but not exceeding ten years;
(2) For every dwelling containing more than two units and
commercial or industrial properties, located within the same
community reinvestment area, upon which the cost of
remodeling is at least five thousand dollars, a period to be
determined by the legislative authority adopting the resolution,
but not exceeding twelve years;
(3) For construction of every dwelling, and commercial or
industrial structure located within the same community
reinvestment area, a period to be determined by the legislative
authority adopting the resolution, but not exceeding
fifteen years.
(E) Any person, board, or officer authorized by section 5715.19 of the Revised Code to file complaints with the county board of revision may file a complaint with the housing officer challenging the continued exemption of any property granted an exemption under this section. A complaint against exemption shall be filed prior to the thirty-first day of December of the tax year for which taxation of the property is requested. The housing officer shall determine whether the property continues to meet the requirements for exemption and shall certify the housing officer's findings to the complainant. If the housing officer determines that the property does not meet the requirements for exemption, the housing officer shall notify the county auditor that the exemption no longer applies.
Sec. 3735.671. (A) If construction or remodeling of
commercial or industrial property is to be exempted from taxation
pursuant to section 3735.67 of the Revised Code, the legislative
authority and the owner of the property, prior to the
commencement of construction or remodeling, shall enter into a
written agreement, binding on both parties for a period of time
that does not end prior to the end of the period of the
exemption, that includes all of the information and statements
prescribed by this section. Agreements may include terms not
prescribed by this section, but such terms shall in no way
derogate from the information and statements prescribed by this
section.
(1) Except as otherwise provided in division (A)(2) or (3) of
this section, an agreement entered into under this section shall
not be approved by the legislative authority unless the board of
education of the city, local, or exempted village school district
within the territory of which the property is or will be located
approves the agreement. For the purpose of obtaining such
approval, the legislative authority shall certify a copy of the
agreement to the board of education not later than
forty-five
days
prior to approving the agreement, excluding Saturday,
Sunday, and a legal holiday as defined in section 1.14 of the
Revised Code. The board of education, by
resolution adopted by a majority of the board, shall approve or
disapprove the agreement and certify a copy of the resolution to
the legislative authority not later than fourteen days prior to
the date stipulated by the legislative authority as the date upon
which approval of the agreement is to be formally considered by
the legislative authority. The board of education may include in
the resolution conditions under which the board would approve the
agreement. The legislative
authority may approve an agreement at any time after the board
of education certifies its resolution approving the agreement to
the legislative authority, or, if the board approves the
agreement conditionally, at any time after the conditions are
agreed to by the board and the legislative authority.
(2) Approval of an agreement by the board of education is
not required under division (A)(1) of this
section if, for each tax year the real
property is exempted from taxation, the sum of the following
quantities, as estimated at or prior to the time the agreement is
formally approved by the legislative authority, equals or exceeds
fifty per cent of the amount of taxes, as estimated at or prior
to that time, that would have been charged and payable that year
upon the real property had that property not been exempted from
taxation:
(a) The amount of taxes charged and payable on any portion
of the assessed valuation of the new structure or remodeling that
will not be exempted from taxation under the agreement;
(b) The amount of taxes charged and payable on tangible
personal property located on the premises of the new structure or
of the structure to be remodeled under the agreement, whether
payable by the owner of the structure or by a related member, as
defined in section 5733.042 of the Revised Code without regard to
division (B) of that section.
(c) The amount of any cash payment by the owner of the new
structure or structure to be remodeled to the school district,
the dollar value, as mutually agreed to be the owner and the
board of education, of any property or services provided by the
owner of the property to the school district, whether by gift,
loan, or otherwise, and any payment by the legislative authority
to the school district pursuant to section 5709.82 of the Revised
Code.
The estimates of quantities used for purposes of division
(A)(2) of this section shall be estimated by the legislative
authority. The legislative authority shall certify to the board
of education that the estimates have been made in good faith.
Departures of the actual quantities from the estimates subsequent
to approval of the agreement by the board of education do not
invalidate the agreement.
(3) If a board of education has adopted a resolution waiving
its right to approve agreements and the resolution
remains in effect, approval of an agreement by the
board is not required under this division. If a board of
education has adopted a resolution allowing a legislative
authority to deliver the notice required under this division
fewer than forty-five business days prior to the legislative
authority's execution of the agreement, the legislative
authority shall deliver the notice to the board not later than
the number of days prior to such execution as prescribed by the
board in its resolution. If a board of education adopts a
resolution waiving its right to approve agreements or shortening
the notification period, the board shall certify a copy of the
resolution to the legislative authority. If the board of
education rescinds such a resolution, it shall certify notice of
the rescission to the legislative authority.
(B) Each agreement shall include the following
information:
(1) The names of all parties to the agreement;
(2) A description of the remodeling or construction,
whether or not to be exempted from taxation, including existing
or new structure size and cost thereof; the value of machinery,
equipment, furniture, and fixtures, including an itemization of
the value of machinery, equipment, furniture, and fixtures used
at another location in this state prior to the agreement and
relocated or to be relocated from that location to the property,
and the value of machinery, equipment, furniture, and fixtures at
the facility prior to the execution of the agreement; the value
of inventory at the property, including an itemization of the
value of inventory held at another location in this state prior
to the agreement and relocated or to be relocated from that
location to the property, and the value of inventory held at the
property prior to the execution of the agreement;
(3) The scheduled starting and completion dates of
remodeling or construction of real property or of investments
made in machinery, equipment, furniture, fixtures, and inventory;
(4) Estimates of the number of employee positions to be
created each year of the agreement and of the number of employee
positions retained by the owner due to the remodeling or
construction, itemized as to the number of full-time, part-time,
permanent, and temporary positions;
(5) Estimates of the dollar amount of payroll attributable
to the positions set forth in division (B)(4) of this section,
similarly itemized;
(6) The number of employee positions, if any, at the
property and at any other location in this state at the time the
agreement is executed, itemized as to the number of full-time,
part-time, permanent, and temporary positions.
(C) Each agreement shall set forth the following
information and incorporate the following statements:
(1) A description of real property to be exempted from
taxation under the agreement, the percentage of the assessed
valuation of the real property exempted from taxation, and the
period for which the exemption is granted, accompanied by the
statement: "The exemption commences the first year for which the
real property would first be taxable were that property not
exempted from taxation. No exemption shall commence after
.......... (insert date) nor extend beyond .......... (insert
date)." The tax commissioner shall adopt rules prescribing the
form the description of such property shall assume in order to
ensure that the property to be exempted from taxation under the
agreement is distinguishable from property that is not to be
exempted under that agreement.
(2) ".......... (insert name of owner) shall pay such real
property taxes as are not exempted under this agreement and are
charged against such property and shall file all tax reports and
returns as required by law. If .......... (insert name of owner)
fails to pay such taxes or file such returns and reports,
exemptions from taxation granted under this agreement are
rescinded beginning with the year for which such taxes are
charged or such reports or returns are required to be filed and
thereafter."
(3) ".......... (insert name of owner) hereby certifies
that at the time this agreement is executed, .......... (insert
name of owner) does not owe any delinquent real or tangible
personal property taxes to any taxing authority of the State of
Ohio, and does not owe delinquent taxes for which ..........
(insert name of owner) is liable under Chapter 5733., 5735.,
5739., 5741., 5743., 5747., or 5753. of the Ohio Revised Code,
or, if such delinquent taxes are owed, .......... (insert name of
owner) currently is paying the delinquent taxes pursuant to an
undertaking enforceable by the State of Ohio or an agent or
instrumentality thereof, has filed a petition in bankruptcy under
11 U.S.C.A. 101, et seq., or such a petition has been filed
against .......... (insert name of owner). For the purposes of
this certification, delinquent taxes are taxes that remain unpaid
on the latest day prescribed for payment without penalty under
the chapter of the Revised Code governing payment of those
taxes."
(4) ".......... (insert name of municipal corporation or
county) shall perform such acts as are reasonably necessary or
appropriate to effect, claim, reserve, and maintain exemptions
from taxation granted under this agreement including, without
limitation, joining in the execution of all documentation and
providing any necessary certificates required in connection with
such exemptions."
(5) "If for any reason .......... (insert name of
municipal corporation or county) revokes the designation of the
area, entitlements granted under this agreement shall continue
for the number of years specified under this agreement, unless
.......... (insert name of owner) materially fails to fulfill its
obligations under this agreement and ................... (insert
name of municipal corporation or county) terminates or modifies
the exemptions from taxation pursuant to this agreement."
(6) "If .......... (insert name of owner) materially fails
to fulfill its obligations under this agreement, or if ..........
(insert name of municipal corporation or county) determines that
the certification as to delinquent taxes required by this
agreement is fraudulent, .......... (insert name of municipal
corporation or county) may terminate or modify the exemptions
from taxation granted under this agreement."
(7) ".......... (insert name of owner) shall provide to
the proper tax incentive review council any information
reasonably required by the council to evaluate the applicant's
compliance with the agreement, including returns filed pursuant
to section 5711.02 of the Ohio Revised Code if requested by the
council."
(8) "This agreement is not transferable or assignable
without the express, written approval of .......... (insert name
of municipal corporation or county)."
(9) "Exemptions from taxation granted under this agreement
shall be revoked if it is determined that ........... (insert
name of owner), any successor to that person, or any related
member (as those terms are defined in division (E) of section
3735.671 of the Ohio Revised Code) has violated the prohibition
against entering into this agreement under division (E) of
section 3735.671 or section 5709.62 or 5709.63 of the Ohio
Revised Code prior to the time prescribed by that division or
either of those sections."
(10) ".......... (insert name of owner) and ...........
(insert name of municipal corporation or county) acknowledge that
this agreement must be approved by formal action of the
legislative authority of .......... (insert name of municipal
corporation or county) as a condition for the agreement to take
effect. This agreement takes effect upon such approval."
The statement described in division (C)(6) of this section
may include the following statement, appended at the end of the
statement: ", and may require the repayment of the amount of
taxes that would have been payable had the property not been
exempted from taxation under this agreement."
(D) Except as otherwise provided in this division, an
agreement entered into under this section shall require that the
owner pay an annual fee equal to the greater of one per cent of
the amount of taxes exempted under the agreement or five hundred
dollars; provided, however, that if the value of the incentives
exceeds two hundred fifty thousand dollars, the fee shall not
exceed two thousand five hundred dollars. The fee shall be
payable to the legislative authority once per year for each year
the agreement is effective on the days and in the form specified
in the agreement. Fees paid shall be deposited in a special fund
created for such purpose by the legislative authority and shall
be used by the legislative authority exclusively for the purpose
of complying with section 3735.672 of the Revised Code and by the
tax incentive review council created under section 5709.85 of the
Revised Code exclusively for the purposes of performing the
duties prescribed under that section. The legislative authority
may waive or reduce the amount of the fee, but such waiver or
reduction does not affect the obligations of the legislative
authority or the tax incentive review council to comply with
section 3735.672 or 5709.85 of the Revised Code.
(E) If any person that is party to an agreement granting
an exemption from taxation discontinues operations at the
structure to which that exemption applies prior to the expiration
of the term of the agreement, that person, any successor to that
person, and any related member shall not enter into an agreement
under this section or section 5709.62, 5709.63, or 5709.632 of
the Revised Code, and no legislative authority shall enter into
such an agreement with such a person, successor, or related
member, prior to the expiration of five years after the
discontinuation of operations. As used in this division,
"successor" means a person to which the assets or equity of
another person has been transferred, which transfer resulted in
the full or partial nonrecognition of gain or loss, or resulted
in a carryover basis, both as determined by rule adopted by the
tax commissioner. "Related member" has the same meaning as
defined in section 5733.042 of the Revised Code without regard to
division (B) of that section.
The director of development shall review all agreements
submitted to the director under division (F) of this section for
the purpose of enforcing this division. If the director
determines there has been a violation of this division, the
director shall notify the legislative authority of such
violation, and the legislative authority immediately shall revoke
the exemption granted under the agreement.
(F) When an agreement is entered into under this section,
the legislative authority authorizing the agreement shall forward
a copy of the agreement to the director of development and to the
tax commissioner within fifteen days after the agreement is
entered into.
Sec. 3737.81. (A) There is hereby created the state fire
commission consisting of ten members to be appointed by the
governor with the advice and consent of the senate. The fire
marshal or his fire marshal's chief deputy, a representative
designated by the
department of public safety who has tenure in fire suppression,
and a representative designated by the board of building
standards shall be ex officio members. Of the initial
appointments made to the commission, two shall be for a term
ending one year after the effective date of this section
November
1, 1978, two shall be for a term ending two years after that date,
two shall be for a term ending three years after that date, two
shall be for a term ending four years after that date, and two
shall be for a term ending five years after that date.
Thereafter, terms of office shall be for five years, each term
ending on the same day of the same month of the year as did the
term which it succeeds. Each member shall hold office from the
date of his appointment until the end of the term for which he
the member was appointed. Any member appointed to fill a vacancy
occurring
prior to the expiration of the term for which his the member's
predecessor was
appointed shall hold office for the remainder of such term. Any
member shall continue in office subsequent to the expiration date
of his the member's term until his the member's successor
takes office, or until a period
of sixty days has elapsed, whichever occurs first. Members shall
be qualified by experience and training to deal with the matters
that are the responsibility of the commission. Two members shall
be members of paid fire services, one shall be a member of
volunteer fire services, two shall be mayors, managers, or
members of legislative authorities of municipalities, one shall
represent commerce and industry, one shall be a representative of
a fire insurance company domiciled in this state, one shall
represent the flammable liquids industry, one shall represent the
construction industry, and one shall represent the public. At no
time shall more than six members be members of or associated with
the same political party. Membership on the commission shall not
constitute holding a public office and no person shall forfeit or
otherwise vacate his the person's office or position of
employment because of membership on the commission.
(B) The ex officio members may not vote, except that the
fire marshal or his fire marshal's chief deputy may vote in case
of a tie.
(C) Each member of the commission, other than ex officio
members, shall be paid an amount equal to that payable under pay
range 32 (S)(D) fixed pursuant to division (J) of section 124.15
of the Revised Code, and his the member's actual and necessary
expenses.
(D) The commission shall select a chairman chairperson and a
vice-chairman vice-chairperson from among its members. No
business may be transacted in the absence of a quorum. A quorum shall be at
least six members, excluding ex officio members, and shall
include either the chairman chairperson or vice-chairman
vice-chairperson. The commission
shall hold regular meetings at least once every two months and
may meet at any other time at the call of the chairman
chairperson.
(E) The fire marshal shall provide the commission with
office space, meeting rooms, staff, and clerical assistance
necessary for the commission to perform its duties.
Sec. 3745.04. (A) As used in this section, "any person" means
any individual, any partnership, corporation, association, or
other legal entity, or any political subdivision,
instrumentality,
or agency of a state, whether or not the
individual or legal
entity is an applicant for or holder of a
license, permit, or
variance from the environmental protection
agency or the division of mineral resources management in the department of natural resources, and includes
any department, agency, or instrumentality
of the federal
government that is an applicant for or holder of a
license,
permit, or variance from the environmental protection
agency or the division of mineral resources management.
As used in this section, "action" or "act" includes the
adoption, modification, or repeal of a rule or standard, the
issuance, modification, or revocation of any lawful order other
than an emergency order, and the issuance, denial, modification,
or revocation of a license, permit, lease, variance, or
certificate, or the approval or disapproval of plans and
specifications pursuant to law or rules adopted thereunder.
(B) Any person who was a party to a proceeding before the
director
of environmental protection or the chief of the division of mineral resources management, except as otherwise provided in section 1509.06 or 1509.08 of the Revised Code, may participate in an appeal
to the environmental review appeals
commission for an order
vacating or modifying the
action of the
director
or,
a local board
of health, or the chief or
ordering the director or,
board of health, or chief to perform
an act. The
environmental review
appeals commission has exclusive
original jurisdiction over any
matter that may, under this
section, be brought before
it.
The person so appealing to the commission shall be known
as
appellant, and the director or the chief and any party to a proceeding
substantially supporting the finding from which the appeal is
taken shall be known as appellee, except that when an appeal
involves a license to operate a disposal site or facility, the
local board of health or the director of environmental
protection,
and any party to a proceeding substantially
supporting the finding
from which the appeal is taken, shall, as
appropriate, be known as
the appellee. Appellant and appellee
shall be deemed to be
parties to the appeal.
The appeal shall be in writing and shall set forth the
action
complained of and the grounds upon which the appeal is
based.
The (C) Except as provided in division (D) of this section, an appeal shall be filed with the commission within
thirty
days after notice of the action. Notice of the filing of the
appeal
shall be filed with the appellee within three days after
the
appeal is filed with the commission.
The appeal shall be accompanied by a filing fee of
sixty
dollars, which the commission, in its discretion, may
waive
in
cases
of extreme hardship.
Within seven days after receipt of the notice of appeal, the
director or local board of health shall prepare and certify to
the
commission a record of the proceedings out of which
the appeal
arises, including all documents and correspondence, and a
transcript of all testimony.
Upon the filing of the appeal, the commission shall fix
the
time
and place at which the hearing on the appeal will be held.
The
commission shall give
the appellant and the appellee at least
ten days'
written notice thereof by certified mail. The
commission
shall hold the hearing within thirty days after the
notice of appeal is
filed. The commission may postpone or
continue any
hearing upon its
own motion or upon application of
the appellant or of the appellee.
The filing of an appeal does not automatically suspend or
stay execution of the action appealed from. Upon application by
the appellant, the commission may suspend or stay
the
execution
pending immediate determination of the appeal without
interruption
by continuances, other than for unavoidable
circumstances.
(D) If an appeal is of an action of the chief of the division of mineral resources management under Chapter 1513. or 1514. of the Revised Code, the procedures established in those chapters, as applicable, apply to the appeal in lieu of the procedures established in this section and sections 3745.05 and 3745.06 of the Revised Code.
(E) As used in this section and sections 3745.05 and 3745.06 of
the Revised Code, "director of
environmental protection" and
"director" are deemed to include the director of
agriculture and
"environmental protection agency" is deemed to include the
department of agriculture with respect to actions that are
appealable to the
commission under Chapter 903. of the Revised
Code.
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a
fee
to the environmental protection agency for each such issuance
and
each application for an issuance as provided by this section.
No
fee shall be charged for any issuance for which no application
has
been submitted to the director.
(B) Prior to January 1, 1994, each Each person who is issued a permit
to
operate, variance, or permit to install prior to July 1, 2003, pursuant to rules adopted under division (F) of section 3704.03
of
the Revised Code shall pay the fees specified in the following
schedule schedules:
(1) Fuel-Burning Equipment (boilers)
Input capacity (maximum) |
Permit |
|
Permit |
(million British |
to |
|
to |
thermal units per hour) |
operate |
Variance |
install |
Greater than 0 or more, but |
$ 75 |
$225 |
$ 100 200 |
less than 10 |
|
|
|
10 or more, but less than 100 |
210 |
450 |
390 400 |
100 or more, but less than 300 |
270 |
675 |
585 800 |
300 or more, but less than 500 |
330 |
900 |
780 1500 |
500 or more, but less than 1000 |
500 |
975 |
1000 2500 |
1000 or more, but less than 5000 |
|
|
4000 |
5000 or more |
|
|
6000 |
Units burning exclusively natural gas, number two fuel oil, or both shall be assessed a fee that is one-half of the applicable amount established in division (F)(1) of this section.
Any fuel-burning equipment using only natural gas, propane,
liquefied petroleum gas, or number two or lighter fuel oil shall
be assessed a fee one-half of that shown.
|
Permit |
|
Permit |
Input capacity |
to |
|
to |
(pounds per hour) |
operate |
Variance |
install |
0 to 50 100 |
$ 50 |
$225 |
$ 65 100 |
51 101 to 500 |
210 |
450 |
390 400 |
501 to 2000 |
270 |
675 |
585 750 |
2001 to 30,000 20,000 |
330 |
900 |
780 1000 |
more than 30,000 20,000 |
500 |
975 |
1000 2500 |
|
Permit |
|
Permit |
Process weight rate |
to |
|
to |
(pounds per hour) |
operate |
Variance |
install |
0 to 1000 |
$100 |
$225 |
$ 200 |
1001 to 5000 |
210 |
450 |
390 400 |
5001 to 10,000 |
270 |
675 |
585 600 |
10,001 to 50,000 |
330 |
900 |
780 800 |
more than 50,000 |
500 |
975 |
1000 |
In any process where process weight rate cannot be
ascertained, the minimum
fee shall be assessed.
(b) Notwithstanding division (B)(3)(a) of this section, any person issued a permit to install pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code shall pay the fees established in division (B)(3)(c) of this section for a process used in any of the following industries, as identified by the applicable four-digit standard industrial classification code according to the Standard Industrial Classification Manual published by the United States office of management and budget in the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees established in the following schedule apply to the issuance of a permit to install pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code for a process listed in division (B)(3)(b) of this section:
Process weight rate |
Permit to |
(pounds per hour) |
install |
0 to 1000 |
$ 200 |
10,001 to 50,000 |
300 |
50,001 to 100,000 |
400 |
100,001 to 200,000 |
500 |
200,001 to 400,000 |
600 |
400,001 or more |
700 |
Gallons (maximum useful capacity) |
Permit |
|
Permit |
|
to |
|
to |
|
operate |
Variance |
install |
|
|
|
|
Less than 40,000 0 to 20,000 |
$150 |
$225 |
$ 195 100 |
20,001 to 40,000 or more, but less |
|
|
|
than 100,000 |
210 |
450 |
390 150 |
100,000 or more, but less |
|
|
|
than 400,000 |
270 |
675 |
585 |
400,000 or more, but less |
|
|
|
than 40,001 to 100,000 |
|
|
200 |
100,001 to 250,000 |
|
|
250 |
250,001 to 500,000 |
|
|
350 |
500,001 to 1,000,000 |
330 |
900 |
780 500 |
1,000,000 1,000,001 or more greater |
500 |
975 |
1000 750 |
Gasoline/fuel dispensing |
Permit |
|
Permit |
facilities |
to |
|
to |
|
operate |
Variance |
install |
For each gasoline/fuel |
|
|
|
dispensing facility |
$20 |
$100 |
$50 100 |
Dry cleaning |
Permit |
|
Permit |
facilities |
to |
|
to |
|
operate |
Variance |
install |
For each dry cleaning |
|
|
|
facility (includes all units |
$50 |
$200 |
$100 |
at the facility) |
|
|
|
(7) Coal mining operations regulated under Chapter 1513.
of
the Revised Code shall be assessed a fee of two hundred fifty
dollars per mine or location. Registration status
|
Permit |
|
to |
|
install |
For each source covered by registration status |
$75 |
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations,
or
performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions
of
each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions
of
each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual
emissions of each such regulated pollutant in calendar year 1995,
and each subsequent calendar year, to be collected no sooner than
the fifteenth day of April of the year next succeeding the
calendar year in which the emissions occurred.
The fees levied under division (C)(1) of this section do
not
apply to that portion of the emissions of a regulated
pollutant at
a facility that exceed four thousand tons during a
calendar year.
(2) The fees assessed under division (C)(1) of this
section
are for the purpose of providing funding for the Title V
permit
program.
(3) The fees assessed under division (C)(1) of this
section
do not apply to emissions from any electric generating
unit
designated as a Phase I unit under Title IV of the federal
Clean
Air Act prior to calendar year 2000. Those fees shall be
assessed
on the emissions from such a generating unit commencing
in
calendar year 2001 based upon the total actual emissions from
the
generating unit during calendar year 2000
and shall continue to be
assessed each subsequent calendar year based on the total actual
emissions from the generating unit during the preceding calendar
year.
(4) The director shall issue invoices to owners or
operators
of air contaminant sources who are required to pay a
fee assessed
under division (C) or (D) of this section. Any such
invoice shall
be issued no sooner than the applicable date when
the fee first
may be collected in a year under the applicable
division, shall
identify the nature and amount of the fee
assessed, and shall
indicate that the fee is required to be paid
within thirty days
after the issuance of the invoice.
(D)(1) Except as provided in division
(D)(2)(3) of this
section, beginning from January 1, 1994, through December 31, 2003, each person
who owns or
operates an air contaminant source; who is required to apply for
a
permit to operate pursuant to rules adopted under division (G),
or
a variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.036 of the Revised Code shall
pay a single fee based upon the sum of the actual annual
emissions
from the facility of the regulated pollutants
particulate matter,
sulfur dioxide, nitrogen oxides,
organic compounds, and lead in
accordance with the following
schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 50 |
|
$ 75 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(2) Except as provided in division (D)(3) of this section, beginning January 1, 2004, each person who owns or operates an air contaminant source; who is required to apply for a permit to operate pursuant to rules adopted under division (G), or a variance pursuant to division (H), of section 3704.03 of the Revised Code; and who is not required to apply for and obtain a Title V permit under section 3704.03 of the Revised Code shall pay a single fee based upon the sum of the actual annual emissions from the facility of the regulated pollutants particulate matter, sulfur dioxide, nitrogen oxides, organic compounds, and lead in accordance with the following schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 10 |
|
$ 100 |
|
|
10 or more, but less than 50 |
|
200 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(3)(a) As used in division (D) of this section,
"synthetic
minor facility" means a facility for which one or
more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and
conditions that lower the facility's potential to emit air
contaminants below the major source thresholds established in
rules adopted under section 3704.036 of the Revised Code.
(b) Beginning January 1, 2000, through June 30,
2004 2006,
each
person who owns or operates a
synthetic minor facility shall
pay
an annual fee based on the sum
of the actual annual emissions
from
the facility of particulate
matter, sulfur dioxide, nitrogen
dioxide, organic compounds, and
lead in accordance with the
following schedule:
|
Combined total tons |
|
|
|
per year of all regulated |
|
Annual fee |
|
pollutants emitted |
|
per facility |
|
Less than 10 |
|
$ 170 |
|
10 or more, but less than 20 |
|
340 |
|
20 or more, but less than 30 |
|
670 |
|
30 or more, but less than 40 |
|
1,010 |
|
40 or more, but less than 50 |
|
1,340 |
|
50 or more, but less than 60 |
|
1,680 |
|
60 or more, but less than 70 |
|
2,010 |
|
70 or more, but less than 80 |
|
2,350 |
|
80 or more, but less than 90 |
|
2,680 |
|
90 or more, but less than 100 |
|
3,020 |
|
100 or more |
|
3,350 |
(3)(4) The fees assessed under division (D)(1)
of this section
shall be collected
annually no sooner than the fifteenth day of
April, commencing in 1995.
The fees assessed under division (D)(2) of this section shall be collected annually no sooner than the fifteenth day of April, commencing in 2005. The fees assessed under division
(D)(2)(3) of this section shall be
collected no sooner than the
fifteenth day of April, commencing
in 2000. The fees assessed
under
division (D) of
this section in a calendar year
shall be
based upon the sum of the
actual emissions of those
regulated
pollutants during the
preceding calendar year. For the purpose of
division (D) of this
section, emissions of air
contaminants may be
calculated using
engineering calculations, emission factors,
material balance
calculations, or performance testing procedures,
as authorized by
the director. The director, by rule, may
require
persons who are
required to pay the fees assessed under
division
(D) of this
section to pay those fees
biennially rather than
annually.
(E)(1) Consistent with the need to cover the reasonable
costs of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section
by
the percentage, if any, by which the consumer price index for
the
most recent calendar year ending before the beginning of a
year
exceeds the consumer price index for calendar year 1989.
Upon
calculating an increase in fees authorized by division (E)(1) of
this
section, the director shall compile revised fee schedules for
the purposes
of division (C)(1) of this section and shall make the
revised schedules
available to persons required to pay the fees
assessed under that division
and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average
of
the consumer price index for all urban consumers published by
the
United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year.
(b) If the 1989 consumer price index is revised, the
director shall use the revision of the consumer price index that
is most consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant
to rules adopted under division (F) of section 3704.03 of the
Revised Code on or after January 1, 1994 July 1, 2003, shall pay the fees
specified in the following schedules:
(1) Fuel-burning equipment (boilers, furnaces, or process heaters used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer)
Input capacity (maximum) |
|
(million British thermal units per hour) |
Permit to install |
Greater than 0, but less than 10 |
$ 200 |
10 or more, but less than 100 |
400 |
100 or more, but less than 300 |
800 1000 |
300 or more, but less than 500 |
1500 2250 |
500 or more, but less than 1000 |
2500 3750 |
1000 or more, but less than 5000 |
4000 6000 |
5000 or more |
6000 9000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
(2) Combustion turbines and stationary internal combustion engines designed to generate electricity
Generating capacity (mega watts) |
Permit to install |
0 or more, but less than 10 |
$ 25 |
10 or more, but less than 25 |
150 |
25 or more, but less than 50 |
300 |
50 or more, but less than 100 |
500 |
100 or more, but less than 250 |
1000 |
250 or more |
2000 |
Input capacity (pounds per hour) |
Permit to install |
0 to 100 |
$ 100 |
101 to 500 |
400 500 |
501 to 2000 |
750 1000 |
2001 to 20,000 |
1000 1500 |
more than 20,000 |
2500 3750 |
Process weight rate (pounds per hour) |
Permit to install |
0 to 1000 |
$ 200 |
1001 to 5000 |
400 500 |
5001 to 10,000 |
600 750 |
10,001 to 50,000 |
800 1000 |
more than 50,000 |
1000 1250 |
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed. A boiler, furnace, combustion turbine, stationary internal combustion engine, or process heater designed to provide direct heat or power to a process not designed to generate electricity shall be assessed a fee established in division (F)(4)(a) of this section. A combustion turbine or stationary internal combustion engine designed to generate electricity shall be assessed a fee established in division (F)(2) of this section.
(b) Notwithstanding division (F)(3)(a) of this section,
any
person issued a permit to install pursuant to rules adopted
under
division (F) of section 3704.03 of the Revised Code shall
pay the
fees set forth in division (F)(3)(c) of this section for
a process
used in any of the following industries, as identified
by the
applicable four-digit standard industrial classification
code
according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees set forth in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process identified in division (F)(3)(b) of this section:
|
Gallons (maximum |
|
|
|
|
useful capacity Process weight rate (pounds per hour) |
|
Permit to install |
|
|
0 to 20,000 10,000 |
|
$ 100 200 |
|
|
20,001 10,001 to 40,000 50,000 |
|
150 400 |
|
|
40,001 50,001 to 100,000 |
|
200 500 |
|
|
100,001 to 250,000 200,000 |
|
250 600 |
|
|
250,001 200,001 to 500,000 400,000 |
|
350 750 |
|
|
500,001 to 1,000,000 |
|
500 |
|
|
1,000,001 400,001 or greater more |
|
750 900 |
|
Gallons (maximum useful capacity) |
Permit to install |
0 to 20,000 |
$ 100 |
20,001 to 40,000 |
150 |
40,001 to 100,000 |
200 250 |
100,001 to 250,000 |
250 |
250,001 to 500,000 |
350 400 |
500,001 to 1,000,000 |
500 |
1,000,001 or greater |
750 |
(5)(6) Gasoline/fuel dispensing facilities
For each gasoline/fuel
|
|
Permit to install |
|
dispensing facility (includes all units at the facility) |
|
$ 100 |
|
(6)(7) Dry cleaning facilities
For each dry cleaning
|
|
|
|
facility (includes all units |
|
Permit to install |
|
at the facility) |
|
$ 100 |
|
(7)(8) Registration status
For each source covered |
|
Permit to install |
|
by registration status |
|
$ 75 |
|
(G) An owner or operator who is responsible for an
asbestos
demolition or renovation project pursuant to rules
adopted under
section 3704.03 of the Revised Code shall pay the
fees set forth
in the following schedule:
|
Action |
|
Fee |
|
|
Each notification |
|
$75 |
|
|
Asbestos removal |
|
$3/unit |
|
|
Asbestos cleanup |
|
$4/cubic yard |
|
For purposes of this division,
"unit" means any combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a
permit
to install an air contaminant source pursuant to rules
adopted
under division (F) of section 3704.03 of the Revised Code
shall
pay a fee equal to one-half the fee originally assessed for
the
permit to install under this section, except that the fee for
such
an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the
Revised
Code after the date actual construction of the source
began shall
pay a fee for the permit to install that is equal to
twice the fee
that otherwise would be assessed under the
applicable division
unless the applicant received authorization
to begin construction
under division (W) of section 3704.03 of
the Revised Code. This
division only applies to sources for
which actual construction of
the source begins on or after July
1, 1993. The imposition or
payment of the fee established in
this division does not preclude
the director from taking any
administrative or judicial
enforcement action under this chapter,
Chapter 3704., 3714.,
3734., or 6111. of the Revised Code, or a
rule adopted under any
of them, in connection with a violation of
rules adopted under
division (F) of section 3704.03 of the
Revised Code.
As used in this division,
"actual construction of the
source"
means the initiation of physical on-site construction
activities
in connection with improvements to the source that are
permanent
in nature, including, without limitation, the
installation of
building supports and foundations and the laying
of underground
pipework.
(K) Fifty cents per ton of each fee assessed under
division
(C) of this section on actual emissions from a source
and received
by the environmental protection agency pursuant to
that division
shall be deposited into the state treasury to the
credit of the
small business assistance fund created in section
3706.19 of the
Revised Code. The remainder of the moneys
received by the
division pursuant to that division and moneys
received by the
agency pursuant to divisions (D), (F), (G), (H),
(I), and (J) of
this section shall be deposited in the state
treasury to the
credit of the clean air fund created in section
3704.035 of the
Revised Code.
(L)(1)(a) Except as otherwise provided in division
(L)(1)(b)
or (c) of this section, a person issued a water
discharge permit
or renewal of a water discharge permit pursuant
to Chapter 6111.
of the Revised Code shall pay a fee based on
each point source to
which the issuance is applicable in
accordance with the following
schedule:
|
Design flow discharge (gallons per day) |
|
Fee |
|
|
0 to 1000 |
|
$ 0 |
|
|
1,001 to 5000 |
|
100 |
|
|
5,001 to 50,000 |
|
200 |
|
|
50,001 to 100,000 |
|
300 |
|
|
100,001 to 300,000 |
|
525 |
|
|
over 300,000 |
|
750 |
|
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven
hundred
fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated
project
cost through June 30,
2004 2006, and one hundred
dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1,
2004 2006, except that the total fee shall not
exceed
fifteen thousand dollars through June 30,
2004 2006,
and
five
thousand
dollars on and after July 1,
2004 2006. The fee
shall be paid at the
time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the
fee
for the modification shall not exceed four hundred dollars.
(4) A person who has entered into an agreement with the
director under section 6111.14 of the Revised Code shall pay an
administrative service fee for each plan submitted under that
section for approval that shall not exceed the minimum amount
necessary to pay
administrative costs directly attributable to
processing plan approvals. The
director annually shall calculate
the fee and shall
notify all persons who have entered into
agreements under that
section, or who have applied for agreements,
of the amount of
the fee.
(5)(a)(i) Not later than January 30,
2002 2004, and
January
30,
2003 2005, a person holding an NPDES
discharge permit issued
pursuant
to Chapter 6111. of the Revised Code with an
average
daily
discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
(ii) The billing year for the annual discharge fee
established in division (L)(5)(a)(i)
of this section shall consist
of a
twelve-month period beginning on the first day of
January of
the year preceding
the date when the annual discharge fee is due.
In the case of
an existing source that permanently ceases to
discharge during a
billing year, the director shall reduce the
annual discharge
fee, including the surcharge applicable to
certain industrial
facilities pursuant to division (L)(5)(c) of
this
section, by one-twelfth for each full month during
the
billing year that the source was not discharging, but only
if the
person holding the NPDES discharge permit for the source
notifies
the director in writing, not later than the first day of
October
of the billing year, of
the circumstances causing the cessation of
discharge.
(iii) The annual discharge fee established in
division
(L)(5)(a)(i) of this
section, except for the surcharge applicable
to certain
industrial facilities pursuant to division
(L)(5)(c) of
this section, shall be based upon the
average daily discharge flow
in gallons per day calculated using first day of
May through
thirty-first day of
October flow data for the period two years
prior to the date on
which the fee is due. In the case of NPDES
discharge
permits for new sources, the fee shall
be calculated
using the average daily design flow of the
facility until actual
average daily discharge flow values are available for
the time
period specified in division
(L)(5)(a)(iii) of this section. The
annual
discharge fee may be prorated for a new source as described
in division
(L)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger
shall
pay the fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
discharge flow |
|
|
|
January 30,
|
|
|
|
|
2002 2004, and
|
|
|
|
|
January 30, 2003 2005 |
5,000 to 49,999 |
|
|
$ 200 |
|
50,000 to 100,000 |
|
|
500 |
|
100,001 to 250,000 |
|
|
1,050 |
|
250,001 to 1,000,000 |
|
|
2,600 |
|
1,000,001 to 5,000,000 |
|
|
5,200 |
|
5,000,001 to 10,000,000 |
|
|
10,350 |
|
10,000,001 to 20,000,000 |
|
|
15,550 |
|
20,000,001 to 50,000,000 |
|
|
25,900 |
|
50,000,001 to 100,000,000 |
|
|
41,400 |
|
100,000,001 or more |
|
|
62,100 |
|
Public dischargers owning or operating two or more publicly
owned
treatment works serving the same political subdivision, as
"treatment
works" is defined in section 6111.01 of the Revised
Code, and that
serve
exclusively political subdivisions having a
population of fewer than one
hundred thousand shall pay an annual
discharge fee
under division (L)(5)(b) of this section that is
based on the combined average daily discharge flow of the
treatment works.
(c) An NPDES permit
holder that is an industrial
discharger,
other than a coal mining operator identified by
P in
the third
character of the permittee's NPDES permit
number, shall
pay the
fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
discharge flow |
|
|
|
January 30,
|
|
|
|
|
2002 2004, and
|
|
|
|
|
January 30, 2003 2005 |
5,000 to 49,999 |
|
|
$ 250 |
|
50,000 to 250,000 |
|
|
1,200 |
|
250,001 to 1,000,000 |
|
|
2,950 |
|
1,000,001 to 5,000,000 |
|
|
5,850 |
|
5,000,001 to 10,000,000 |
|
|
8,800 |
|
10,000,001 to 20,000,000 |
|
|
11,700 |
|
20,000,001 to 100,000,000 |
|
|
14,050 |
|
100,000,001 to 250,000,000 |
|
|
16,400 |
|
250,000,001 or more |
|
|
18,700 |
|
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial
discharger classified as
a
major discharger during all or part of the annual discharge fee
billing
year specified in division (L)(5)(a)(ii) of
this section
shall pay a nonrefundable annual surcharge of
seven thousand five
hundred
dollars not later than
January 30,
2002 2004, and not later
than
January 30, 2003 2005. Any person who fails to pay the
surcharge
at
that time shall pay an
additional amount that equals ten per
cent
of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an
industrial
discharger identified by I, J, L, V, W, X, Y, or Z in
the third
character of the permittee's NPDES permit
number shall pay a
nonrefundable annual discharge fee of one hundred eighty
dollars
not later than
January 30,
2002 2004, and not later than January
30,
2003 2005. Any person who fails to pay the fee at that
time
shall pay
an additional amount that equals ten per cent of
the
required fee.
(6)
Each person obtaining a national pollutant discharge
elimination system general or individual permit for municipal
storm water discharge shall pay a nonrefundable storm water
discharge fee of one hundred dollars per square mile of area
permitted. The fee shall not exceed ten thousand dollars and
shall be payable on or before January 30, 2004, and the thirtieth
day of January of each year thereafter. Any person who fails to
pay the fee on the date specified in division (L)(6) of this
section shall pay an additional amount per year equal to ten per
cent of the annual fee that is unpaid.
(7) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for
deposit
into the state treasury to the credit of the surface
water
protection fund created in section 6111.038 of the Revised
Code.
(8) As used in division (L) of this section:
(a)
"NPDES" means the federally approved national
pollutant
discharge elimination system program for issuing,
modifying,
revoking, reissuing, terminating, monitoring, and
enforcing
permits and imposing and enforcing pretreatment
requirements under
Chapter 6111. of the Revised Code and rules
adopted under it.
(b)
"Public discharger" means any holder of an NPDES
permit
identified by P in the second character of the NPDES
permit number
assigned by the director.
(c)
"Industrial discharger" means any holder of an
NPDES
permit identified by I in the second character of the
NPDES
permit
number assigned by the director.
(d)
"Major discharger" means any holder of an NPDES
permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30,
2004 2006, a person applying for a
license
or license renewal to operate a public water system under
section
6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Fees required under this division shall be calculated and
paid in accordance with the following schedule:
(1) For the initial license required under division (A)(1)
of section 6109.21 of the Revised Code for any public water
system
that is a community water system as defined in section
6109.01 of
the Revised Code, and for each license renewal
required for such a
system prior to January 31,
2004 2006, the
fee is:
Number of service connections |
Fee amount |
|
|
Not more than 49 |
$56 112 |
|
|
50 to 99 |
88 176 |
|
Number of service connections |
|
Average cost per connection |
|
|
100 to 2,499 |
|
$.96 1.92 |
|
|
2,500 to 4,999 |
|
.92 1.60 |
|
|
5,000 to 7,499 |
|
.88 1.54 |
|
|
7,500 to 9,999 |
|
.84 1.48 |
|
|
10,000 to 14,999 |
|
.80 1.28 |
|
|
15,000 to 24,999 |
|
.76 1.22 |
|
|
25,000 to 49,999 |
|
.72 1.16 |
|
|
50,000 to 99,999 |
|
.68 .92 |
|
|
100,000 to 149,999 |
|
.64 .86 |
|
|
150,000 to 199,999 |
|
.60 .80 |
|
|
200,000 or more |
|
.56 .76 |
|
A public water system may determine how it will pay the
total
amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that
may
be assessed on a volumetric basis.
As used in division (M)(1) of this section,
"service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2)
of section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
nontransient
population, and for each license renewal required
for such a
system prior to January 31,
2004 2006, the fee is:
|
Population served |
|
Fee amount |
|
|
Fewer than 150 |
|
$ 56 112 |
|
|
150 to 299 |
|
88 176 |
|
|
300 to 749 |
|
192 384 |
|
|
750 to 1,499 |
|
392 686 |
|
|
1,500 to 2,999 |
|
792 1,386 |
|
|
3,000 to 7,499 |
|
1,760 3,080 |
|
|
7,500 to 14,999 |
|
3,800 6,270 |
|
|
15,000 to 22,499 |
|
6,240 10,296 |
|
|
22,500 to 29,999 |
|
8,576 14,150 |
|
|
30,000 or more |
|
11,600 19,140 |
|
As used in division (M)(2) of this section,
"population
served" means the total number of individuals receiving water
from
the water supply during a twenty-four-hour period for at
least
sixty days during any calendar year. In the absence of a
specific
population count, that number shall be calculated at the
rate of
three individuals per service connection.
(3) For the initial license required under division (A)(3)
of section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
transient
population, and for each license renewal required for such a
system prior to January 31,
2004 2006, the fee is:
Number of wells supplying system |
|
Fee amount |
|
|
1 |
|
$ 56 112 |
|
|
2 |
|
56 112 |
|
|
3 |
|
88 176 |
|
|
4 |
|
192 316 |
|
|
5 |
|
392 646 |
|
|
System supplied by surface |
|
|
|
|
water, springs, or dug wells |
|
792 1,300 |
|
As used in division (M)(3) of this section,
"number of
wells
supplying system" means those wells that are physically
connected
to the plumbing system serving the public water system.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred fifty dollars plus two-tenths thirty-five hundredths of one per
cent of the estimated project cost, except that the total fee
shall not exceed fifteen twenty thousand dollars through June 30,
2004 2006,
and five fifteen thousand dollars on and after July 1,
2004 2006.
The fee
shall be paid at the time the application is submitted.
(2) A person who has entered into an agreement with the
director under
division (A)(2) of section 6109.07 of the Revised
Code shall pay an
administrative service fee for each plan
submitted under that section for
approval that shall not exceed
the minimum amount necessary to pay
administrative costs directly
attributable to processing plan approvals. The
director annually
shall calculate the fee and shall notify all persons that
have
entered into agreements under that division, or who have applied
for
agreements, of the amount of the fee.
(3) Through June 30,
2004 2006, the following fee, on a per
survey
basis, shall be charged any person for services rendered by
the
state in the evaluation of laboratories and laboratory
personnel
for compliance with accepted analytical techniques and
procedures
established pursuant to Chapter 6109. of the Revised
Code for
determining the qualitative characteristics of water:
|
microbiological |
|
$1,650 |
|
|
|
MMO-MUG |
|
$2,000 |
|
|
|
MF |
|
2,100 |
|
|
|
MMO-MUG and MF |
|
2,550 |
|
|
organic chemical |
|
3,500 5,400 |
|
|
inorganic chemical |
|
3,500 5,400 |
|
|
standard chemistry |
|
1,800 2,800 |
|
|
limited chemistry |
|
1,000 1,550 |
|
On and after July 1,
2004 2006, the following fee, on a per
survey basis, shall be charged any such person:
|
microbiological |
|
$250 1,650 |
|
|
chemical/radiological |
|
250 3,500 |
|
|
nitrate/turbidity (only) |
|
150 1,000 |
|
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30,
2004 2006, an
individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period unless the person requests the addition of analytical methods or analysts, in which case the person shall pay eighteen hundred dollars for each additional survey requested.
As used in division (N)(3) of this section:
(a) "MF" means microfiltration.
(b) "MMO" means minimal medium ONPG.
(c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.
(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination
for
certification as an operator of a water supply system or
wastewater system under Chapter 6109. or 6111. of the Revised
Code, at the time the application is submitted, shall pay an
application fee of twenty-five forty-five dollars through June 30,
2004 2006,
and
ten twenty-five dollars on and after July 1,
2004 2006. Upon approval
from the
director that the applicant is eligible to take the
examination
therefor, the
applicant shall pay a fee in accordance
with the
following
schedule through June 30,
2004 2006:
|
Class A operator |
|
$45 |
|
|
Class I operator |
|
$45 75 |
|
|
Class II operator |
|
55 95 |
|
|
Class III operator |
|
65 110 |
|
|
Class IV operator |
|
75 125 |
|
On and after July 1,
2004 2006, the applicant shall pay a fee
in
accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
$25 45 |
|
|
Class II operator |
|
35 55 |
|
|
Class III operator |
|
45 65 |
|
|
Class IV operator |
|
55 75 |
|
A person shall pay a biennial certification renewal fee for each applicable class of certification in accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
35 |
|
|
Class II operator |
|
45 |
|
|
Class III operator |
|
55 |
|
|
Class IV operator |
|
65 |
|
If a certification renewal fee is received by the director more than thirty days, but not more than one year after the expiration date of the certification, the person shall pay a certification renewal fee in accordance with the following schedule:
|
Class A operator |
|
$45 |
|
|
Class I operator |
|
55 |
|
|
Class II operator |
|
65 |
|
|
Class III operator |
|
75 |
|
|
Class IV operator |
|
85 |
|
A person who requests a replacement certificate shall pay a fee of twenty-five dollars at the time the request is made.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water
protection fund created in section 6109.30 of the Revised
Code.
(P) Through June 30,
2004, any Any person submitting an
application for an industrial water pollution control certificate
under section 6111.31 of the Revised Code before the effective date of the amendment of this section by . B. of the 125th general assembly shall pay a
nonrefundable fee of five hundred dollars at the time the
application is submitted. The director shall transmit all moneys
collected under this division to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code. A person paying a certificate fee
under this division shall not pay an application fee under
division (S)(1) of this section. On and after that effective date, persons shall file such applications and pay the fee as required under sections 5709.20 to 5709.27 of the Revised Code, and proceeds from the fee shall be credited as provided in section 5709.212 of the Revised Code.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic
yards of disposal or treatment capacity, or one thousand
dollars,
whichever is greater, except that the total fee for any
such
permit shall not exceed eighty thousand dollars. A person
issued
a modification of a permit for a solid waste disposal
facility or
an infectious waste treatment facility that does not
involve an
increase in the total disposal or treatment capacity
of the
facility shall pay a fee of one thousand dollars. A
person issued
a permit to install a new, or modify an existing,
solid waste
transfer facility under that chapter shall pay a fee
of two
thousand five hundred dollars. A person issued a permit
to
install a new or to modify an existing solid waste
incineration or
composting facility, or an existing infectious
waste treatment
facility using incineration as its principal
method of treatment,
under that chapter shall pay a fee of one
thousand dollars. The
increases in the permit fees under this
division resulting from
the amendments made by Amended Substitute
House Bill 592 of the
117th general assembly do not apply to any
person who submitted an
application for a permit to install a
new, or modify an existing,
solid waste disposal facility under
that chapter prior to
September 1, 1987; any such person shall
pay the permit fee
established in this division as it existed
prior to June 24, 1988.
In addition to the applicable permit fee
under this division, a
person issued a permit to install or
modify a solid waste facility
or an infectious waste treatment
facility under that chapter who
fails to pay the permit fee to
the director in compliance with
division (V) of this section
shall pay an additional ten per cent
of the amount of the fee for
each week that the permit fee is
late.
Permit and late payment fees paid to the director under
this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap tire collection facility under section 3734.75 of the
Revised Code shall pay a fee of two hundred dollars, except that
if the facility is owned or operated by a motor vehicle salvage
dealer licensed under Chapter 4738. of the Revised Code, the
person shall pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee
of one thousand dollars, except that if the facility is owned
or
operated by a motor vehicle salvage dealer licensed under
Chapter
4738. of the Revised Code, the person shall pay a fee of
fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee
of one thousand dollars.
(7) In addition to the applicable registration certificate
or permit fee under divisions (R)(1) to (6) of this section, a
person issued a registration certificate or permit for any such
scrap tire facility who fails to pay the registration certificate
or permit fee to the director in compliance with division (V) of
this section shall pay an additional ten per cent of the amount
of
the fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code
shall pay a nonrefundable fee of fifteen dollars at the time
the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2004 2006, and a nonrefundable fee of fifteen dollars at the
time
the
application is submitted on and after July 1,
2004 2006.
Through June
30,
2004 2006, any person
applying for a national
pollutant
discharge
elimination system permit
under Chapter 6111.
of the Revised Code
shall pay a
nonrefundable fee of two hundred
dollars at the time
of application for
the permit. On and after
July 1,
2004 2006,
such a
person shall pay a nonrefundable fee of
fifteen dollars at the
time of application.
In addition to the application fee established under division
(S)(1) of this section, any person applying for a national
pollutant discharge elimination system general storm water
construction permit shall pay a nonrefundable fee of twenty
dollars per acre for each acre that is permitted above five acres
at the time the application is submitted. However, the per
acreage fee shall not exceed three hundred dollars. In addition,
any person applying for a national pollutant discharge elimination
system general storm water industrial permit shall pay a
nonrefundable fee of one hundred fifty dollars at the time the
application is submitted.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6109. of the
Revised Code to the
treasurer of state for deposit into the
drinking water protection
fund created in section 6109.30 of the
Revised Code.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6111. of the
Revised Code to the
treasurer of state for deposit into the
surface water protection
fund created in section 6111.038 of the
Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
If a person submits an electronic application for a registration certificate, permit, variance, or plan approval for which an application fee is established under division (S)(1) of this section, the person shall pay the applicable application fee as expeditiously as possible after the submission of the electronic application. An application for a registration certificate, permit, variance, or plan approval for which an application fee is established under division (S)(1) of this section shall not be reviewed or processed until the applicable application fee, and any other fees established under this division, are paid.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders
of any license, permit, variance, plan approval, or
certification
required or authorized by Chapter 3704., 3734.,
6109., or 6111. of
the Revised Code that are not specifically
established in this
section. The fees shall be designed to
defray the cost of
processing, issuing, revoking, modifying,
denying, and enforcing
the licenses, permits, variances, plan
approvals, and
certifications.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6109. of the Revised Code to the treasurer of state for
deposit
into the drinking water protection fund created in
section 6109.30
of the Revised Code.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6111. of the Revised Code to the treasurer of state for
deposit
into the surface water protection fund created in section
6111.038
of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof,
otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary
to carry out this section.
(U) When the director reasonably demonstrates that the
direct cost to the state associated with the issuance of a permit
to install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this section or unless otherwise prescribed by a rule of the
director adopted pursuant to Chapter 119. of the Revised Code,
all
fees required by this section are payable within thirty days
after
the issuance of an invoice for the fee by the director or
the
effective date of the issuance of the license, permit,
variance,
plan approval, or certification. If payment is late,
the person
responsible for payment of the fee shall pay an
additional ten per
cent of the amount due for each month that it
is late.
(W) As used in this section,
"fuel-burning equipment,"
"fuel-burning equipment input capacity,"
"incinerator,"
"incinerator input capacity,"
"process,"
"process weight rate,"
"storage tank,"
"gasoline dispensing facility,"
"dry cleaning
facility,"
"design flow discharge," and
"new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I),
and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1)
"Facility,"
"federal Clean Air Act,"
"person,"
and
"Title
V permit" have the same meanings as in section 3704.01
of
the
Revised Code.
(2)
"Title V permit program" means the following
activities
as necessary to meet the requirements of Title V of
the federal
Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing
of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and
implementing and enforcing the terms of any Title V permit,
not
including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business
stationary sources to determine and meet their
obligations under
the federal Clean Air Act pursuant to the small
business
stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) Except as provided in divisions
(Y)(2),
(3), and
(4)
of this section, each
sewage sludge facility shall pay a
nonrefundable annual sludge
fee equal to three dollars and fifty
cents per dry ton of sewage
sludge, including the dry tons of
sewage sludge in materials derived from
sewage sludge, that the
sewage sludge facility treats or disposes of in
this state. The
annual volume of sewage sludge treated or
disposed of by a sewage
sludge facility shall be calculated
using the first day of January
through the thirty-first day of
December of the calendar year
preceding the date on which payment of the fee is due.
(2)(a) Except as provided in division
(Y)(2)(d) of this
section, each sewage sludge facility
shall pay a minimum annual
sewage sludge fee of one hundred dollars.
(b) The annual sludge fee required to
be paid by a sewage
sludge facility that treats or disposes of
exceptional quality
sludge in this state shall be thirty-five
per cent less per dry
ton of exceptional quality sludge than the
fee assessed under
division
(Y)(1) of this section, subject
to the following
exceptions:
(i) Except as provided in division
(Y)(2)(d) of this
section, a sewage sludge facility that
treats or disposes of
exceptional quality
sludge shall pay a minimum annual sewage
sludge fee of one hundred
dollars.
(ii) A sewage sludge facility that
treats or disposes of
exceptional quality sludge shall not be
required to pay the annual
sludge fee for treatment or disposal
in this state of exceptional
quality sludge generated outside of
this state and contained in
bags or other containers not greater
than one hundred pounds in
capacity.
A thirty-five per cent reduction for exceptional quality
sludge applies to
the
maximum annual fees established under
division (Y)(3) of this
section.
(c) A sewage sludge facility that
transfers sewage sludge
to
another sewage
sludge facility in this state for further treatment
prior to
disposal in this state shall not be required to pay the
annual
sludge fee for the tons of sewage sludge that have been
transferred. In such a case, the sewage
sludge facility that
disposes of the sewage sludge shall pay the
annual sludge fee.
However, the facility transferring the sewage sludge shall
pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
In the case of a sewage sludge facility that treats sewage
sludge in this state and transfers it out of this state to
another
entity for disposal, the sewage sludge facility in this
state
shall be required to pay the annual sludge fee for the
tons of
sewage sludge that have been transferred.
(d) A sewage sludge facility that generates sewage sludge
resulting from an average daily discharge flow of less than five
thousand
gallons per day
is not subject to the fees
assessed under
division (Y) of this section.
(3) No sewage sludge facility required to pay the annual
sludge fee shall be required to pay more than the maximum annual
fee for each disposal method that the sewage sludge facility
uses.
The maximum annual fee does not include the additional
amount that
may be charged under division
(Y)(5) of this section for late
payment of the annual sludge fee. The maximum annual fee for
the
following methods of disposal of sewage sludge is as
follows:
(a) Incineration: five thousand
dollars;
(b) Preexisting land reclamation project or disposal in a
landfill: five
thousand dollars;
(c) Land application, land
reclamation, surface disposal, or
any other disposal method not
specified in division
(Y)(3)(a)
or
(b) of this section: twenty thousand
dollars.
(4)(a) In the case of an entity that
generates sewage sludge
or a sewage sludge facility that treats
sewage sludge and
transfers the sewage sludge to an incineration
facility for
disposal, the incineration facility, and not the
entity generating
the sewage sludge or the sewage sludge
facility treating the
sewage sludge, shall pay the annual sludge
fee for the tons of
sewage sludge that are transferred. However, the entity
or
facility generating or treating the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
(b) In the case of an entity that
generates sewage sludge
and transfers the sewage sludge to a landfill for
disposal or to a
sewage sludge facility for land reclamation or surface
disposal,
the entity generating the sewage sludge,
and not the
landfill or
sewage sludge facility, shall pay the annual sludge fee for the
tons of sewage
sludge that are transferred.
(5) Not later than the first day of April
of the calendar
year following
March
17,
2000, and each first day of
April
thereafter, the director shall
issue invoices to persons who are
required to pay the annual
sludge fee. The invoice shall
identify
the nature and amount of
the annual sludge fee assessed
and state
the first day of May as
the deadline
for receipt by the director
of objections regarding
the amount of the fee and
the first day of
July as the deadline
for payment of
the fee.
Not later than the first day of May
following receipt of an
invoice, a person required to pay the
annual sludge fee may submit
objections to the director
concerning the accuracy of information
regarding the number of
dry tons of sewage sludge used to
calculate the amount of the
annual sludge fee or regarding whether
the sewage sludge
qualifies for the exceptional quality sludge
discount established in
division
(Y)(2)(b)
of this section. The
director may consider the objections and
adjust the amount of the
fee to ensure that it is accurate.
If the director does not adjust the amount of the annual
sludge fee in response to a person's objections, the person may
appeal the director's determination in accordance with
Chapter
119. of the
Revised
Code.
Not later than the first day of June,
the director shall
notify the objecting person regarding whether
the director has
found the objections to be valid and the
reasons for the finding.
If the director finds the objections
to be valid and adjusts the
amount of the annual sludge fee
accordingly, the director shall
issue with the notification a
new invoice to the person
identifying the amount of the annual
sludge fee assessed and
stating the
first day of July as the deadline for
payment.
Not later than the first day of July,
any person who is
required to do so shall pay the annual sludge fee.
Any person who
is required to pay the fee, but who fails to
do so on or before
that date shall pay an additional amount that
equals ten per cent
of the required annual sludge fee.
(6) The director shall transmit all moneys collected
under
division (Y) of this
section to the treasurer of state for deposit
into the surface
water protection fund created in section 6111.038
of the
Revised
Code. The moneys shall be used
to defray the costs
of administering and enforcing provisions in
Chapter 6111. of the
Revised
Code and rules adopted under it
that govern the use,
storage, treatment, or disposal of sewage
sludge.
(7) Beginning in fiscal year 2001, and every two years
thereafter, the
director shall review the total amount of moneys
generated by the annual
sludge
fees to determine if that amount
exceeded six hundred thousand dollars in
either
of the two
preceding fiscal years. If the total amount of moneys in the fund
exceeded six hundred thousand dollars in either fiscal year, the
director,
after review of the fee structure and consultation with
affected persons,
shall
issue an order reducing the amount of the
fees levied under division
(Y) of this section so that the
estimated amount of moneys resulting
from the fees will not exceed
six hundred thousand dollars in any fiscal year.
If, upon review of the fees under division (Y)(7) of this
section
and after the fees have been reduced, the director
determines that the total
amount of moneys collected and
accumulated is less than six hundred thousand
dollars, the
director, after review of the fee structure and consultation with
affected persons, may issue an order increasing the amount of the
fees levied
under division (Y) of this section so that the
estimated amount of
moneys resulting from the fees will be
approximately six hundred thousand
dollars. Fees shall never be
increased to an amount exceeding the amount
specified in division
(Y)(7) of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under
division (Y)(7) of this section
without the necessity to hold an
adjudicatory hearing in
connection with the order. The issuance of an order
under this
division is not an act or action for purposes of section 3745.04
of the Revised Code.
(8) As used in division
(Y) of this section:
(a)
"Sewage sludge facility" means an
entity that performs
treatment on or is responsible for the
disposal of sewage sludge.
(b)
"Sewage sludge" means a solid,
semi-solid, or liquid
residue generated during the treatment of
domestic sewage in a
treatment works as defined in section
6111.01 of the Revised
Code.
"Sewage sludge"
includes, but is not limited to, scum or solids
removed in
primary, secondary, or advanced wastewater treatment
processes.
"Sewage sludge" does
not include ash generated during
the firing of sewage sludge in
a sewage sludge incinerator, grit
and screenings generated
during preliminary treatment of domestic
sewage in a treatment
works, animal manure, residue generated
during treatment of animal
manure, or domestic septage.
(c)
"Exceptional quality sludge"
means sewage sludge that
meets all of the following
qualifications:
(i) Satisfies the class
A pathogen standards in 40
C.F.R.
503.32(a);
(ii) Satisfies one of the vector
attraction reduction
requirements in 40
C.F.R.
503.33(b)(1) to
(b)(8);
(iii) Does not exceed the ceiling
concentration limitations
for metals listed in table one of 40
C.F.R.
503.13;
(iv) Does not exceed the
concentration limitations for
metals listed in table three of 40
C.F.R.
503.13.
(d)
"Treatment" means the preparation
of sewage sludge for
final use or disposal and includes, but is
not limited to,
thickening, stabilization, and dewatering of
sewage sludge.
(e)
"Disposal" means the final use of
sewage sludge,
including, but not limited to, land application,
land reclamation,
surface disposal, or disposal in a landfill or
an incinerator.
(f)
"Land application" means the
spraying or spreading of
sewage sludge onto the land surface,
the injection of sewage
sludge below the land surface, or the
incorporation of sewage
sludge into the soil for the purposes of
conditioning the soil or
fertilizing crops or vegetation grown
in the soil.
(g)
"Land reclamation" means the
returning of disturbed land
to productive use.
(h)
"Surface disposal" means the
placement of sludge on an
area of land for disposal,
including, but not limited to,
monofills, surface impoundments,
lagoons, waste piles, or
dedicated disposal sites.
(i)
"Incinerator" means an entity
that disposes of sewage
sludge through the combustion of organic
matter and inorganic
matter in sewage sludge by high
temperatures in an enclosed
device.
(j)
"Incineration facility" includes
all incinerators owned
or operated by the same entity and
located on a contiguous tract
of land. Areas of land are
considered to be contiguous even if
they are separated by a
public road or highway.
(k)
"Annual sludge fee" means the fee
assessed under
division
(Y)(1)
of this section.
(l)
"Landfill" means a sanitary landfill facility, as
defined
in
rules adopted under section 3734.02 of the Revised
Code,
that
is
licensed under section 3734.05 of the Revised Code.
(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous
operation for not less than five years
pursuant to
approval of the activity by the director and includes
the
implementation of a community outreach program concerning the
activity.
Sec. 3745.14. (A) As used in this section:
(1) "Compliance review" means the review of an application
for a permit, renewal of a permit, or plan approval, or
modification thereof, for an existing or proposed facility,
source, or activity and the accompanying engineering plans,
specifications, and materials and information that are submitted
under Chapter 3704., 3734., 6109., or 6111. of the Revised Code
and rules adopted under them for compliance with performance
standards under the applicable chapter and rules adopted under
it. "Compliance review" does not include the review of an
application for a hazardous waste facility installation and
operation permit or the renewal or modification of
such a permit, a permit to establish or modify an infectious
waste treatment facility, a permit to install a solid waste
incineration facility that also would treat infectious wastes, or
a permit to modify a solid waste incineration facility to also
treat infectious wastes under Chapter 3734. of the Revised Code.
(2) "Engineer" includes both of the following:
(a) A professional engineer registered under Chapter 4733.
of the Revised Code;
(b) A firm, partnership, association, or corporation
providing engineering services in this state in compliance with
Chapter 4733. of the Revised Code.
(B) The director of environmental protection, in
accordance with Chapter 119. of the Revised Code, shall adopt,
and may amend and rescind, rules establishing a program for the
certification of engineers to conduct compliance reviews. The
rules, at a minimum, shall do all of the following:
(1) Require that the program be administered by the
director;
(2) Establish eligibility criteria for certification to
conduct compliance reviews;
(3) Establish criteria for denying, suspending, and
revoking certifications and renewals of certifications issued
pursuant to rules adopted under division (B) of this section;
(4) Require the periodic renewal of certifications issued
pursuant to rules adopted under division (B) of this section;
(5) Establish an application fee and fee for issuance for
certifications under this section. The fees shall be established
at a level calculated to defray the costs to the environmental
protection agency for administering the certification program
established by rules adopted under division (B) of this section.
All such application and certification fees received by the
director shall be deposited into the state treasury to the credit
of the permit review fund created in division (E) of this
section.
(C) The director shall maintain a current list of all
engineers who are certified to conduct compliance reviews
pursuant to rules adopted under this section. The list shall
indicate the types of permits, permit renewals, and plan
approvals that each engineer is certified to review and the types
or categories of facilities, sources, or activities in connection
with which the engineer is certified to conduct the reviews.
Upon request, the director shall provide a copy of the list to
anyone requesting it.
(D) An applicant for a permit, renewal of a permit, plan
approval, or modification thereof, under Chapter 3704., 3734.,
6109., or 6111. of the Revised Code and applicable rules adopted
under them, other than a hazardous waste facility installation
and operation permit or renewal or modification of
such a permit, a permit to establish or modify an infectious
waste treatment facility, a permit to install a solid waste
incineration facility that also would treat infectious wastes, or
a permit to modify a solid waste incineration facility to also
treat infectious wastes under Chapter 3734. of the Revised Code,
may submit a written request to the director to have the
compliance review conducted by an engineer certified under this
section. The request shall accompany the permit application,
shall indicate the applicant's choice from among the certified
engineers on the director's list who are qualified to conduct the
compliance review, shall be accompanied by separate
certifications by the applicant and the engineer indicating that
the applicant does not have and has not had during the preceding
two years a financial interest in the engineer and has not
employed or retained the engineer to perform services for the
applicant during the preceding two years, and may be accompanied
by a draft proposal for conducting the compliance review that was
developed by the applicant and the engineer. No such draft
proposal is binding upon the director.
Within seven days after receiving a request under this
division, the director shall do all of the following, as
appropriate:
(1) In the director's discretion, approve or disapprove the
applicant's request to have the compliance review of the
application conducted by an engineer on the list of certified
engineers prepared under this section;
(2) If the director approves the conducting of the
compliance review
by such a certified engineer, approve or disapprove, in the
director's
discretion, the applicant's choice of the engineer;
(3) Mail written notice of decisions made under divisions
(D)(1) and (2) of this section to the applicant.
If the director fails to mail notice of the director's
decisions on
the request to the applicant within seven days after receiving
the request, it is conclusively presumed that the director
approved the applicant's request to have the compliance review
conducted by a certified engineer and the applicant's choice of
the engineer, and the director shall enter into a contract with
the engineer chosen by the applicant. If the director
disapproves the applicant's choice of an engineer and provides
timely notice of the disapproval to the applicant, the director
and applicant, by mutual agreement, shall select another engineer
from the list prepared under this section to conduct the
compliance review, and the director shall enter into a contract
with that engineer.
(E) The director may enter into contracts for conducting
performance reviews under division (D) of this section without
advertising for bids. The commencement of any work under such a
contract shall be contingent upon the director's receipt of
payment from the applicant of an amount that is equal to one
hundred ten per cent of the amount specified in the contract,
excluding contingencies for any additional work that may be
needed to properly complete the review and that was not
anticipated when the contract was made. Moneys received by the
director from an applicant shall be deposited into the permit
review fund, which is hereby created in the state treasury. The
director shall use moneys in the fund to pay the cost of
compliance reviews conducted pursuant to contracts entered into
under division (D) of this section and to administer the
certification program established under division (B) of this
section. The director may use any moneys in the fund not needed
for those purposes to administer the environmental laws or
programs of this state.
If, while conducting a compliance review, the engineer
finds that work in addition to that upon which the cost under the
contract was based, or any additional work previously authorized
under this division, is needed to properly review the application
and accompanying information for compliance with the applicable
performance standards, the engineer shall notify the director of
that fact and of the cost of the additional work, as determined
pursuant to the terms of the contract. If the director finds
that the additional work is needed and that the costs of
performing the work have been determined in accordance with the
terms of the contract, the director shall authorize the
contractor to
perform the work. Upon completion of the additional work, the
contractor shall submit to the director an invoice for the cost
of performing the additional work, and the director shall forward
a copy of the invoice to the applicant. The applicant is liable
to the state for an amount equal to one hundred ten per cent of
the cost of performing the additional work and, within thirty
days after receiving a copy of the invoice, shall pay to the
director an amount equal to one hundred ten per cent of the
amount indicated on the invoice. Upon receiving this payment,
the director shall forward the moneys to the treasurer of state,
who shall deposit them into the state treasury to the credit of
the permit review fund.
Until the applicant pays to the director the amount due in
connection with the additional work, the director shall not issue
to the applicant any permit, renewal of a permit, or plan
approval, or modification thereof, for which an application is
pending before the director. The director also may certify the
unpaid amount to the attorney general and request that the
attorney general bring a civil action against the applicant to
recover that amount. Any moneys so recovered shall be deposited
into the state treasury to the credit of the permit review fund.
(F) Upon completing a compliance review conducted under
this section, the engineer shall make a certification to the
director as to whether the existing or proposed facility, source,
activity, or modification will comply with the applicable
performance standards. If the certification indicates that the
existing or proposed facility, source, activity, or modification
will not comply, the engineer shall include in the certification
the engineer's findings as to the causes of the
noncompliance.
(G) When a compliance review is conducted by an engineer
certified under this section, the other activities in connection
with the consideration, approval, and issuance of the permit,
renewal of the permit, or plan approval, or modification thereof,
shall be conducted by the director or, when applicable, the
hazardous waste facility board established in section 3734.05 of
the Revised Code, in accordance with the applicable provisions of
Chapter 3704., 3734., 6109., or 6111. of the Revised Code and
rules adopted under the applicable chapter.
(H) All expenses incurred by the attorney general in
bringing a civil action under this section shall be reimbursed
from the permit review fund in accordance with Chapter 109. of
the Revised Code.
Sec. 3745.40. (A) There is hereby created the clean Ohio
operating fund consisting of moneys credited to the fund in
accordance with this section. The fund shall be used to pay the
costs incurred by the director of environmental protection
pursuant to sections 122.65 to 122.658 of the Revised Code.
Investment earnings of the fund shall be credited to the fund.
For
two years after
the effective date of this section,
investment earnings credited to the fund and may be used to pay
administrative
costs incurred by the director pursuant to those
sections.
(B) Notwithstanding section 3746.16 of the Revised Code,
upon the request of the director of environmental protection, the
director of development shall certify to the director of budget
and management the amount of excess investment earnings that are
available to be transferred from the clean Ohio revitalization
fund created in section 122.658 of the Revised Code to the clean
Ohio operating fund. Upon certification, the director of budget
and management may transfer from the clean Ohio revitalization
fund to the clean Ohio operating fund an amount not exceeding the
amount of the annual appropriation to the clean Ohio operating
fund.
Sec. 3746.13. (A) For property that does not involve the
issuance of a consolidated standards permit under section 3746.15
of the Revised Code and where no engineering or institutional
controls are used to comply with applicable standards, the
director of environmental protection shall issue a covenant not
to
sue pursuant to section 3746.12 of the Revised Code by
issuance of
an order as a final action under Chapter 3745. of the
Revised Code
within thirty days after the director receives the
no further
action letter for the property and accompanying
verification from
the certified professional who prepared the
letter under section
3746.11 of the Revised Code.
(B) For property that involves the issuance of a
consolidated standards permit under section 3746.15 of the
Revised
Code or where engineering or institutional controls are
used to
comply with applicable standards, the director shall
issue a
covenant not to sue by issuance of an order as a final
action
under Chapter 3745. of the Revised Code within ninety days
after
the director receives the no further action letter for the
property and accompanying verification from the certified
professional who prepared the letter.
(C)
Except as provided in division (D) of this section,
each
person who is issued a covenant not to sue under
this section
shall pay the fee established pursuant to rules
adopted under
division (B)(8) of section 3746.04 of the Revised
Code. Until
those rules become effective, each person who is
issued a covenant
not to sue shall pay a fee of two thousand
dollars. The fee shall
be paid to the director at the time that
the no further action
letter and accompanying verification are
submitted to
the
director.
(D) An applicant, as defined in section 122.65 of the Revised
Code, who has entered into an agreement under section 122.653 of
the Revised Code and who is issued a covenant not to sue under
this section shall not be required to pay the fee for the issuance of a covenant not to sue established in
rules adopted under division (B)(8) of section 3746.04 of the
Revised Code.
Sec. 3747.16. (A) As provided in division
(A)(17) of section 3747.06 of the Revised
Code, the staff of the board of directors of the
Ohio low-level radioactive waste facility development
authority shall negotiate with the legislative authority of the
host community for the purpose of developing a compensation
agreement. The agreement shall include compensation for all of
the following:
(1) Replacement of lost tax revenue due to public
ownership of any property based on the amount of tax revenue that
would have been received if the property had not been acquired by
the authority on behalf of the state for use as a disposal site;
(2) Improvements in the public infrastructure necessary
to support development and operation of the facility;
(3) The hiring of employees to address the increased
administrative workload resulting from siting the facility in the
host community and to establish a local public information
program;
(4) Enhanced emergency response capability, including,
without limitation, personnel and equipment;
(5) The hiring of an independent, qualified inspector to be located at the
facility during the period of construction and operation, with continuing
responsibility to monitor all activities associated with closure,
institutional control, and long-term care;
(6) Compensation for additional direct impacts not
identified in divisions (A)(1) to (5) of this section
that may result from siting the facility in the host community.
Following the negotiations, the board shall approve,
approve with modifications requested by the board, or disapprove
the agreement in accordance with division (A)(17) of
section 3747.06 of the Revised Code. If the
staff of the board and the legislative authority of the host
community fail to agree on a compensation agreement, the board
shall submit the matter for resolution to the Ohio
commission on dispute resolution and conflict management created
in Chapter 179. of the Revised Code.
(B)(1) In addition to entering into an agreement
with the board for compensation for direct impacts, the host
community may negotiate a benefits agreement with the staff of the
board. In accordance with
division (A)(17) of section 3747.06 of the
Revised Code, the board shall
approve, approve with modifications requested by the board, or
disapprove any such agreement.
(2) The legislative authority of the host community may request the board
to establish epidemiological health studies in the host community in
accordance with division (A)(18) of section 3747.06 of the Revised Code.
(C) An affected community may petition the
board for compensation for direct impacts on that community. The
staff of the board shall negotiate any such agreement, and the
board shall approve, approve with modifications requested by the
board, or disapprove the agreement in accordance with division
(A)(17) of section 3747.06 of the Revised
Code.
(D) At any time after final determination of licensure of the facility and
until the expiration of the first five years that
the facility is in operation, a property owner within the host
community or an affected community who is selling or attempting to sell the
property owner's property and who can demonstrate to the
board that the property has been devalued as a direct result of
the siting of the facility in the host community may petition the
board for compensation or for the purchase of the property in accordance with
rules adopted under division (A)(13) of section 3747.07 of the Revised Code.
Sec. 3748.07. (A) Every facility that proposes to
handle radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its
handler is required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or
registration. Terms and conditions of licenses and certificates
of registration may be amended in accordance with rules adopted under section
3748.04 of the Revised Code or orders issued by the director
pursuant to section 3748.05 of the Revised Code.
(B) Until rules are adopted under section 3748.04 of the
Revised Code, an application for a certificate of
registration shall be accompanied by a biennial registration fee of one two
hundred sixty dollars. On and after the effective date
of those rules, an applicant for a license, registration certificate, or
renewal of either shall pay the appropriate fee established in those rules.
All fees collected under this section shall be deposited in
the state treasury to the credit of the general operations fund
created in section 3701.83 of the Revised Code. The fees
shall be used solely to administer and enforce this chapter and rules adopted
under it.
Any fee required under this section that has not been paid within ninety
days after the invoice date shall be assessed at two times the original
invoiced fee. Any fee that has not been paid within one hundred eighty days
after
the invoice date shall be assessed at five times the original invoiced
fee.
(C) The director shall grant a license or registration to any
applicant who has paid the required fee and is in compliance with this
chapter and
rules adopted under it.
Until rules are adopted under section 3748.04 of the
Revised Code, certificates of registration shall be
effective for two years from the
date of issuance. On and after the effective date of
those rules, licenses and certificates of registration shall be effective for
the applicable period established in those rules. Licenses and certificates
of registration shall be renewed in accordance with the
standard renewal procedure established in Chapter 4745. of the
Revised Code.
Sec. 3748.13. (A) The director of health shall inspect sources of
radiation for which licensure or registration by the handler is
required, and the sources'
shielding and surroundings, according to the schedule established in
rules adopted under division (D) of section
3748.04 of the Revised Code. In accordance with rules
adopted under that section, the director shall inspect all
records and
operating procedures of handlers that install sources of
radiation and all sources of
radiation for which licensure of radioactive material or
registration of radiation-generating equipment by the
handler is required. The director may make other
inspections upon receiving complaints or other evidence of violation of this
chapter or rules adopted under it.
The director shall require any hospital
registered under division (A) of
section 3701.07 of the Revised Code to develop and maintain a
quality assurance program for all sources of radiation-generating equipment.
A certified radiation expert shall conduct oversight and maintenance of the
program and shall file a report of audits of the program with the director on
forms prescribed by the director. The audit reports shall become
part of the inspection record.
(B) Until rules are adopted under division (A)(8) of
section 3748.04 of the Revised Code, a
facility shall pay inspection fees according to the
following schedule and categories:
|
First dental x-ray tube |
|
$ 94.00 118.00 |
|
Each additional dental x-ray tube at the same location |
|
$ 47.00 59.00 |
|
First medical x-ray tube |
|
$187.00 235.00 |
|
Each additional medical x-ray tube at the same location |
|
$ 94.00 125.00 |
|
Each unit of ionizing radiation-generating equipment capable of
operating at or above 250 kilovoltage peak |
|
$373.00 466.00 |
|
First nonionizing radiation-generating equipment of any kind |
|
$187.00 235.00 |
|
Each additional nonionizing radiation-generating
equipment of any kind at the same location |
|
$ 94.00 125.00 |
|
Assembler-maintainer inspection consisting of an inspection of records
and operating procedures of handlers that install sources of radiation |
|
$233.00 291.00 |
Until rules are adopted under division (A)(8) of section
3748.04 of the Revised Code, the fee for an inspection to
determine whether violations
cited in a previous inspection have been corrected is fifty per
cent of the fee applicable under the schedule in this division.
Until those rules are adopted, the fee for the inspection of
a facility that is not licensed or registered
and for which no license or registration application is
pending at the time of inspection is two three hundred
ninety sixty-three dollars plus the fee applicable under the
schedule in this division.
The director may conduct a review of
shielding plans or the adequacy of shielding on the request of a
licensee or registrant or an applicant for licensure or
registration or during an inspection when the director
considers a review to be necessary. Until rules are adopted under
division (A)(8) of section 3748.04 of the Revised Code,
the fee for the review is four five hundred sixty-six eighty-three dollars for each
room where a source of radiation is used and is in addition to any other fee
applicable under the schedule in this division.
All fees shall be paid to the department of health no later than
thirty days after the invoice for the fee is mailed. Fees shall
be deposited in the general operations fund created in section
3701.83 of the Revised Code. The fees shall be used solely to administer
and enforce this chapter and rules adopted under it.
Any fee required under this section that has not been paid
within ninety days after the invoice date shall be assessed at two times the
original invoiced fee. Any fee that has not been paid within one hundred
eighty days after the invoice date shall be assessed at five times the
original invoiced fee.
(C) If the director determines that a board of
health of a city or general health district is qualified to
conduct inspections of radiation-generating equipment, the
director may delegate to the board, by contract, the
authority to conduct such inspections. In making a
determination of the qualifications of a board of health to conduct those
inspections, the director shall evaluate the credentials of the
individuals who are to conduct the inspections of
radiation-generating equipment and the radiation
detection and measuring equipment available to them for that
purpose. If a contract is entered into, the board shall have the
same authority to make inspections of radiation-generating equipment as
the director has under this chapter and rules adopted under it. The
contract shall stipulate that only individuals approved by the
director as qualified shall be permitted to inspect radiation-generating
equipment under the contract's provisions. The contract shall
provide for such compensation for services as is agreed to by the
director and the board of health of the contracting health
district. The director may reevaluate the credentials of the
inspection personnel and their radiation detecting and measuring
equipment as often as the director considers necessary and may terminate
any contract with the board of health of any health district
that, in the director's opinion, is not satisfactorily
performing the terms of the contract.
(D) The director may enter at all reasonable times upon any public
or private property to determine compliance with this chapter and rules
adopted under it.
Sec. 3770.07. (A)(1) Lottery prize awards shall be claimed
by the holder of the winning lottery ticket, or by the executor
or
administrator, or the trustee of a trust, of the
estate of a
deceased holder of a winning
ticket, in a manner to be determined
by the state lottery
commission, within one hundred eighty days
after the date on
which such prize award was announced if the
lottery game is an
on-line game, and within one hundred eighty
days after the close
of the game if the lottery game is an instant
game. Except as
otherwise provided in division (B) of this
section, if If no valid
claim to the prize award is made within the
prescribed period,
the prize money or the cost of goods and
services awarded as
prizes, or if such goods or services are
resold by the
commission, the proceeds from such sale, shall be
returned to the
state lottery fund and distributed in accordance
with section
3770.06 of the Revised Code.
(2)(B) If a
prize winner, as
defined in section 3770.10 of the
Revised Code, is under eighteen
years of age, or is under some
other legal disability, and the
prize money or the cost of goods
or services awarded as a prize
exceeds one thousand dollars, the
director shall order that
payment be made to the order of the
legal guardian of
that prize winner. If the amount of the prize
money
or the
cost of
goods or services awarded as a prize is one
thousand
dollars or
less, the director may order that payment be
made to
the order of
the adult member, if any, of
that prize
winner's family
legally responsible for
the care of
that prize
winner.
(3)(C) No right of any
prize winner, as defined in
section
3770.10 of the Revised Code, to a prize award shall be the
subject
of a security interest or used as collateral.
(4)(a)(D)(1) No right of any
prize winner, as defined in
section
3770.10 of the Revised Code, to a prize award shall be
assignable,
or subject to garnishment, attachment, execution,
withholding, or
deduction, except as follows: as provided in
sections 3119.80,
3119.81, 3121.02, 3121.03, and
3123.06 of the
Revised Code; when
the
payment is to be made to the executor or
administrator or the
trustee of a trust of the estate of a winning
ticket holder; when
the award of a prize is disputed, any person
may be awarded a
prize award to which another has claimed title,
pursuant to the
order of a court of competent jurisdiction;
when the director
is
to make a payment pursuant to section
3770.071 of the Revised
Code; or as provided in sections 3770.10
to 3770.14 of
the Revised
Code.
(b)(2) The commission shall adopt rules pursuant to section
3770.03
of the
Revised Code concerning the payment of prize awards
upon
the death of a prize winner. Upon the death of a prize
winner, as defined in section 3770.10 of the Revised Code,
the
remainder
of the prize winner's prize award, to the
extent it
is
not subject to a transfer agreement under sections
3770.10 to
3770.14 of the Revised Code, may be paid to the
executor,
administrator,
or trustee in the form of a discounted
lump sum
cash settlement.
(5)(E) No lottery prize award shall be awarded to or for any
officer or employee of the state lottery commission, any officer
or
employee of the auditor of state actively coordinating and
certifying
commission drawings, or any blood
relative or spouse of
such officer or employee of the commission or auditor
of state
living as a member
of such officer's or employee's household, nor
shall any such
employee, blood relative, or spouse attempt to
claim a lottery prize
award.
(6)(F) The director may prohibit vendors to the commission and
their employees from being awarded a lottery prize award.
(7)(G) Upon the payment of
prize awards pursuant to this
section, the director and the
commission are discharged from all
further liability therefor for the awards.
(B) The commission may adopt rules governing the
disbursement of unclaimed prize awards as all or part of the
prize
award in a lottery and may, pursuant to those rules,
conduct the
lottery and disburse any such unclaimed prize awards.
Any lottery
in which all or any part of the prize award is paid
from unclaimed
prize awards shall be conducted in accordance with
all of the
other requirements of this chapter, including, but not
limited to,
the time and proof requirements for claiming awards
and the
disposition of unclaimed prize awards when the prescribed
period
for claiming the award has passed. A prize award or any
part of a
prize award that is paid from an unclaimed prize award
shall not
be reapplied toward the satisfaction of the requirement
of
division (A) of section 3770.06 of the Revised Code that at
least
fifty per cent of the total revenues from ticket sales be
disbursed for monetary prize awards, if such unclaimed prize
award
was previously applied toward the satisfaction of that
requirement. On or before the last day of January and July each
year, the commission shall report to the general assembly the
gross sales and net profits the commission obtained from the
unclaimed prize awards in lotteries conducted pursuant to this
division during the preceding two calendar quarters, including
the
amount of money produced by the games funded by the unclaimed
prize awards and the total revenue accruing to the state from the
prize award lotteries conducted pursuant to this division.
There is hereby established in the state treasury the
unclaimed lottery prizes fund, to which all unclaimed prize
awards
shall be transferred. Any interest
that accrues on the
amounts
in the fund shall become a part of the fund and shall be
subject
to any rules adopted by the commission governing the
disbursement
of unclaimed prize awards.
Sec. 3770.10. As used in sections
3770.07 and 3770.10 to
3770.14 of the
Revised Code:
(A) "Court of competent jurisdiction" means the probate
court of the
county in which the prize winner resides, or, if the
prize winner is not a resident of this state, the probate court of
Franklin county or a federal court
having jurisdiction over the
lottery prize award.
(B) "Discounted present value" means the
present value
of
the future payments of a lottery prize award that is determined
by
discounting those
payments to the present, using the most
recently
published
applicable federal rate for determining the
present
value of an annuity as issued by the
United
States
internal
revenue service and assuming daily compounding.
(C) "Independent professional advice" means the
advice of an
attorney, a certified public accountant, an
actuary, or any other
licensed professional adviser if all of
the following apply:
(1) The prize winner has engaged the services of the
licensed
professional adviser to render advice concerning the
legal
and other implications of a transfer of the lottery prize
award.
(2) The licensed professional adviser is not affiliated
in
any manner with or compensated in any manner by the
transferee of
the
lottery prize award.
(3) The compensation of the licensed professional adviser
is
not affected by whether or not a
transfer of a lottery prize
award
occurs.
(D) "Prize winner" means any person that holds the right to
receive all or any part of a lottery prize award as a result of
being any of the following:
(1) A person who is a claimant under division (A)(1) of
section 3770.07 of the Revised Code;
(2) A person who is entitled to a prize award and who is
under a legal disability as described in division (A)(2)(B) of
section 3770.07 of the Revised Code;
(3) A person who was awarded a prize award to which another
has claimed title by a court order under division (A)(4)(a)(D)(1) of
section 3770.07 of the Revised Code;
(4) A person who is receiving payments upon the death of a
prize winner as provided in division (A)(4)(b)(D)(2) of section 3770.07
of the Revised Code.
(E) "Transfer" means any form of sale, assignment, or
redirection of payment of all or any part of a lottery prize
award
for
consideration.
(F) "Transfer agreement" means an agreement that is complete
and valid, and that
provides
for the transfer of all or any part
of a lottery prize award
from a transferor to a transferee. A
transfer agreement
is incomplete and invalid unless the
agreement
contains both of
the following:
(1) A statement, signed by the transferor under penalties of
perjury, that the transferor irrevocably agrees that the
transferor is subject to the tax imposed by Chapter 5733. or 5747.
of the Revised Code with respect to gain or income which the
transferor will recognize in connection with the transfer. If the
transferor is a pass-through entity, as defined in section 5733.04
of the Revised Code, each investor in the pass-through entity
shall also sign under penalties of perjury a statement that the
investor irrevocably agrees that the investor is subject to the
tax imposed by Chapter 5733. or 5747. of the Revised Code with
respect to gain or income which the transferor and the investor
will recognize in connection with the transfer.
(2) A statement, signed by the transferee, that the
transferee irrevocably agrees that the transferee is subject to
the withholding requirements imposed by division (C) of section
3770.072 of the Revised Code and is subject to the tax imposed by
Chapter 5733. or 5747. of the Revised Code with respect to gain
or
income which the transferee will recognize in connection with
lottery prize awards to be received as a result of the transfer.
If the transferee is a pass-through entity, as defined in section
5733.04 of the Revised Code, each investor in the pass-through
entity shall also sign under penalties of perjury a statement
setting forth that the investor irrevocably agrees that the
investor is subject to the withholding requirements imposed by
division (C) of section 3770.072 of the Revised Code and is
subject to the tax imposed by Chapter 5733. or 5747. of the
Revised Code with respect to gain or income which the transferee
and the investor will recognize in connection with lottery prize
awards to be received as a result of the transfer.
(G) "Transferee" means a party acquiring or proposing to
acquire
all or any part of a lottery prize award through a
transfer.
(H) "Transferor" means either a prize winner or a transferee
in an
earlier transfer whose interest is acquired by or is sought
to be
acquired by a transferee or a new transferee through a
transfer.
Sec. 3770.99. (A) Whoever is prohibited from claiming a lottery
prize award under division (A)(5)(E) of section 3770.07 of the Revised Code and
attempts to claim or is paid a lottery prize award is guilty of a minor
misdemeanor, and shall provide restitution to the state lottery commission of
any moneys erroneously paid as a lottery prize award to that person.
(B) Whoever violates division (C) of section
3770.071 or section 3770.08 of the Revised
Code is guilty of a misdemeanor of the third degree.
Sec. 3773.33. (A) There is hereby created the
Ohio athletic
commission. The commission shall
consist of five voting members
appointed by the governor with the
advice and consent of
the
senate, not more than three of whom shall be of the same
political
party, and two nonvoting members, one of whom shall be
a member of
the senate appointed by and to serve at the pleasure
of the
president of the senate and one of whom shall be a member
of the
house of representatives appointed by and to serve at the
pleasure
of the speaker of the house of representatives. To be
eligible
for appointment as a voting member, a person shall be a
qualified
elector and a resident of the state for not less than
five
years
immediately preceding the person's appointment.
Two voting
members shall be knowledgeable in boxing, at
least one voting
member shall be knowledgeable and experienced in high school
athletics, one voting member shall be knowledgeable and
experienced in
professional athletics, and at least one voting
member shall be knowledgeable
and
experienced in collegiate
athletics. One commission
member shall hold the degree of
doctor
of medicine or doctor of osteopathy.
(B) No person shall be appointed to the commission or be an
employee of
the commission who is licensed, registered, or
regulated
by the commission. No member
shall have any legal or
beneficial interest, direct or indirect, pecuniary or
otherwise,
in any person who is licensed, registered, or
regulated by the
commission or who
participates in prize fights or public boxing or
wrestling matches or
exhibitions. No member shall
participate in
any fight, match, or exhibition other than in the
member's
official capacity as a member of the commission, or as an
inspector as authorized in section 3773.52 of the Revised Code.
(C) The governor shall appoint the voting members to the
commission. Of the
initial appointments, two shall be for terms
ending one year after September 3, 1996,
two shall be for terms
ending two years after
September 3,
1996, and one shall be for a
term ending three
years after
September 3, 1996. Thereafter, terms
of office
shall be for three years, each term ending the same day
of the same month of
the year as did the term which it succeeds.
Each member shall hold office
from the date of the member's
appointment until the end of the term for which
the member was
appointed. Any member appointed to fill a vacancy occurring
prior
to the expiration of the term for which the member's predecessor
was
appointed shall hold office for the remainder of the term.
Any member shall
continue in office subsequent to
the expiration
date of the member's term until
the member's successor takes
office,
or until a period of sixty days has elapsed, whichever
occurs
first.
The governor shall name one voting member as chairperson of
the commission
at the time of making the appointment of any member
for a full term. Three
voting members shall constitute a quorum,
and the affirmative vote of three
voting members shall be
necessary for any action taken by the commission. No
vacancy on
the commission impairs the authority of the remaining members to
exercise all powers of the commission.
Voting members, when engaged in commission duties, shall
receive a per diem compensation determined in accordance with
division
(J) of section 124.15 of the Revised Code, and all
members shall
receive their actual and necessary expenses incurred
in the performance of
their official duties.
Each voting member, before entering upon the discharge of
the
member's duties, shall file a surety bond payable to the treasurer
of
state in the sum of ten thousand dollars. Each surety bond
shall
be conditioned upon the faithful performance of the duties
of the
office, executed by a surety company authorized to transact
business in this state, and filed in the office of the secretary
of state.
The governor may remove any voting member for malfeasance,
misfeasance, or nonfeasance in office after giving the member a
copy of the charges against the member and affording the member an
opportunity
for a public hearing, at which the member may be
represented by
counsel, upon not less than ten days' notice. If
the member is
removed, the governor shall file a complete
statement of all
charges made against the member and the
governor's finding
thereon on the charges in the office of the secretary of
state, together with a
complete report of the proceedings. The
governor's decision
shall be final.
(D) The commission shall maintain an office in Youngstown
and keep all of its permanent records there.
Sec. 3773.43. The Ohio athletic commission shall charge the following fees:
(A) For an application for or renewal of a promoter's license for public
boxing matches or exhibitions, fifty one hundred dollars.
(B) For an application for or renewal of a license to participate in a
public boxing match or exhibition as a contestant, or as a
referee, judge, matchmaker, manager, timekeeper, trainer, or second of a
contestant, ten twenty dollars.
(C) For a permit to conduct a public boxing match or exhibition, ten fifty
dollars.
(D) For an application for or renewal of a promoter's license for
professional wrestling matches or exhibitions, one two hundred dollars.
(E) For a permit to conduct a professional wrestling match or
exhibition, fifty one hundred dollars.
The commission, subject to the approval of the controlling board, may
establish fees in excess of the amounts provided in this section, provided
that such fees do not exceed the amounts permitted by this section by more
than twenty-five fifty per cent.
The fees prescribed by this section shall be paid to the treasurer of state,
who shall deposit the fees in the occupational
licensing and regulatory fund.
Sec. 3781.19. There is hereby established in the
department of commerce a board of building appeals
consisting of five members who shall be appointed by the
governor with the advice and consent of the senate. Terms of
office shall be for four years, commencing on the fourteenth day
of October and ending on the thirteenth day of October. Each
member shall hold office from the date of his appointment until
the end of the term for which he the member was appointed. Any
member
appointed to fill a vacancy occurring prior to the expiration of
the term for which his the member's predecessor was appointed
shall hold
office for the remainder of such term. Any member shall continue
in office subsequent to the expiration date of his the member's
term until his a successor takes office, or until a period of
sixty days has
elapsed, whichever occurs first. One member shall be an
attorney-at-law, admitted to the bar of this state and of the
remaining members, one shall be a registered architect and one
shall be a professional engineer, each of whom shall be duly
licensed to practice their respective professions in this state, one
shall be a fire prevention officer qualified
under section 3737.66 of the Revised Code, and
one shall be a person with recognized ability in the
plumbing or pipefitting profession.
No member of the board of building standards shall be a member of
the board of building appeals. Each member shall be paid an
amount fixed pursuant to Chapter 124. of the Revised Code per
diem. The department shall provide and
assign to the board such employees as are required by the board
to perform its functions. The board may adopt its own rules of
procedure not inconsistent with sections 3781.06 to 3781.18 and
3791.04 of the Revised Code, and may change them in its
discretion. The board may establish reasonable fees, based on
actual costs for administration of filing and processing, not to
exceed one two hundred dollars, for the costs of filing and
processing appeals. A full and complete record of all
proceedings of the board shall be kept and be open to public
inspection.
In the enforcement by any department of the state or any
political subdivision of this chapter and Chapter 3791., and
sections 3737.41, 3737.42,
4104.02, 4104.06, 4104.44,
4104.45, 4105.011, and
4105.11 of the Revised Code and any rule made thereunder, such
department is the agency referred to in sections 119.07, 119.08,
and 119.10 of the Revised Code.
The appropriate municipal or county board of appeals, where
one exists, certified pursuant to section 3781.20 of the Revised
Code shall conduct the adjudication hearing referred to in
sections 119.09 to 119.13 and required by section 3781.031 of the
Revised Code. If there is no certified municipal or county board
of appeals, the board of building appeals shall conduct the
adjudication hearing. If the adjudication hearing concerns
section 3781.111 of the Revised Code or any rule made thereunder,
reasonable notice of the time, date, place, and subject of the
hearing shall be given to any local corporation, association, or
other organization composed of or representing handicapped
persons, as defined in section 3781.111 of the Revised Code, or
if there is no local organization, then to any statewide
corporation, association, or other organization composed of or
representing handicapped persons.
In addition to the provisions of Chapter 119. of the
Revised Code, the municipal, county, or state board of building
appeals, as the agency conducting the adjudication hearing, may
reverse or modify the order of the enforcing agency if it finds
that the order is contrary to this chapter and Chapters 3791. and 4104., and
sections 3737.41, 3737.42,
4105.011 and 4105.11 of the
Revised
Code and any rule made thereunder or to a fair interpretation or
application
of such laws or any rule made thereunder, or that a variance from the
provisions of such laws or any rule made thereunder, in the
specific case, will not be contrary to the public interest where
a literal enforcement of such provisions will result in
unnecessary hardship.
The state board of building appeals or a certified
municipal or county board of appeals shall render its decision
within thirty days after the date of the adjudication hearing.
Following the adjudication hearing, any municipal or county
officer, official municipal or county board, or person who was a
party to the hearing before the municipal or county board of
appeals may apply to the state board of appeals for a de novo
hearing before the state board, or may appeal directly to the
court of common pleas pursuant to section 3781.031 of the Revised
Code.
In addition, any local corporation, association, or other
organization composed of or representing handicapped persons as
defined in section 3781.111 of the Revised Code, or, if no local
corporation, association, or organization exists, then any
statewide corporation, association, or other organization
composed of or representing handicapped persons may apply for the
de novo hearing or appeal to the court of common pleas from any
decision of a certified municipal or county board of appeals
interpreting, applying, or granting a variance from section
3781.111 of the Revised Code and any rule made thereunder.
Application for a de novo hearing before the state board shall be
made no later than thirty days after the municipal or county
board renders its decision.
The state board of building appeals or the appropriate
certified local board of building appeals shall grant variances
and exemptions from the requirements of section 3781.108 of the
Revised Code in accordance with rules adopted by the board of
building standards pursuant to division (J) of section 3781.10 of
the Revised Code.
The state board of building appeals or the appropriate
certified local board of building appeals shall, in granting a
variance or exemption from section 3781.108 of the Revised Code,
in addition to any other considerations the state or the
appropriate local board determines appropriate, consider the
architectural and historical significance of the building.
Sec. 4104.01. As used in sections 4104.01 to 4104.20 and
section 4104.99 of
the Revised Code:
(A) "Board of building standards" or "board" means the board
established by section 3781.07 of the Revised Code.
(B) "Superintendent" means the
superintendent of
the
division of
industrial compliance created by section 121.04 of
the
Revised Code.
(C) "Boiler" means a closed vessel in which water is heated,
steam is generated, steam is superheated, or any combination
thereof, under pressure or vacuum for use externally to itself by
the direct application of heat from the combustion of fuels, or
from electricity or nuclear energy. "Boiler" includes fired
units
for heating or vaporizing liquids other than water where
these
units are separate from processing systems and are complete
within
themselves.
(D) "Power boiler" means a boiler in which steam or other
vapor (to be used externally to itself) is generated at a
pressure
of more than fifteen psig.
(E) "High pressure, high temperature water boiler" means a
water heating boiler operating at pressures exceeding one hundred
sixty psig or temperatures exceeding two hundred fifty degrees
Fahrenheit.
(F) "Low pressure boiler" means a steam boiler operating at
pressures not exceeding fifteen psig, or a hot water heating
boiler operating at pressures not exceeding one hundred sixty
psig
or temperatures not exceeding two hundred fifty degrees
Fahrenheit.
(G) "Unfired pressure Pressure vessel" means a
container for the
containment of pressure, either internal or
external. This
pressure
may be obtained from an external
source or by the
application of heat from
a direct or indirect
source
or any
combination thereof.
(H) "Process boiler" means a
boiler to which all of the
following apply:
(1) The steam in the boiler is either
generated or
superheated, or both, under pressure or vacuum for
use external to
itself.
(2) The source of heat for the boiler
is in part or in whole
from a process other than the boiler itself.
(3) The boiler is part of a continuous processing unit, such
as used in
chemical manufacture
or petroleum refining, other than
a steam-generated process
unit.
(I) "Stationary steam engine" means an engine or turbine in
which the mechanical force arising from the elasticity and
expansion action of steam or from its property of rapid
condensation or from a combination of the two is made available as
a motive power.
Sec. 4104.02. The board of building standards shall:
(A) Formulate rules for the construction, installation,
inspection, repair, conservation of energy, and operation of
boilers and the construction, inspection, and repair of unfired
pressure vessels and for ascertaining the safe working pressures
to be carried on such boilers and unfired pressure vessels and
the
qualification of inspectors of boilers and unfired pressure
vessels;
(B) Prescribe tests, if it is considered necessary, to
ascertain the qualities of materials used in the construction of
boilers and unfired pressure vessels;
(C) Adopt rules regulating the construction and sizes of
safety valves for boilers and unfired pressure vessels of
different sizes and pressures, for the construction, use, and
location of fusible plugs, appliances for indicating the pressure
of steam and level of water in the boiler or unfired pressure
vessels, and such other appliances as the board considers
necessary to safety in operating boilers;
(D)
Establish reasonable fees for the performance of
reviews,
surveys, or audits of manufacturer's facilities by the
division of
industrial compliance for certification by the
American
society of
mechanical engineers and the national board of
boiler
and pressure
vessel inspectors;
(E) The definitions and rules adopted by the board for the
construction, installation, inspection, repair, conservation of
energy, and operation of boilers and the construction,
inspection,
and repair of unfired pressure vessels and for
ascertaining the
safe working pressures to be used on such
boilers and unfired
pressure vessels shall be based upon and
follow generally accepted
engineering standards, formulae, and
practices established and
pertaining to boilers and unfired
pressure vessel construction,
operation, and safety, and the
board may, for this purpose, adopt
existing published standards
as well as amendments thereto
subsequently published by the same
authority.
When a person desires to manufacture a special type of
boiler
or unfired pressure vessel, the design of which is not
covered by
the rules of the board,
the person shall submit
drawings and
specifications of such boiler or unfired pressure vessel to the
board for investigation, after which the board may permit its
installation.
The provisions of sections 119.03 and 119.11 of the Revised
Code in particular, and the applicable provisions of Chapter 119.
of the Revised Code in general, shall govern the proceedings of
the board of building standards in adopting, amending, or
rescinding rules pursuant to this section.
Sec. 4104.04. (A) Sections 4104.01 to 4104.20 and
section
4104.99 of the Revised Code do not apply to the following
boilers
and unfired pressure vessels:
(1) Boilers, unfired pressure vessels, and stationary
steam
engines under federal
control or subject to inspection under
federal laws;
(2) Air tanks located on vehicles operating under the
rules
of other state authorities and used for carrying
passengers, or
freight;
(3) Air tanks installed on the right of way of railroads
and
used directly in the operation of trains;
(4) Unfired pressure Pressure vessels which that are under the
regulation
and control of the state fire marshal under Chapter
3737. of the
Revised Code.
(B) The following boilers and unfired pressure vessels are
exempt from the requirements of sections 4104.10, 4104.101,
4104.11, 4104.12, and 4104.13 of the Revised Code, but shall be
equipped with such appliances, to insure safety of operation, as
are prescribed by the board:
(1) Portable boilers or unfired pressure vessels when
located on farms and used solely for agricultural purposes;
(2) Steam or vapor boilers carrying a pressure of not more
than fifteen psig, which are located in private residences or in
apartment houses of less than six family units;
(3) Hot water boilers operated at pressures not exceeding
one hundred sixty psig, or temperatures not exceeding two hundred
fifty degrees
fahrenheit, which are located in private
residences
or in apartment houses of less than six family units;
(4) Unfired pressure Pressure vessels containing only water under
pressure for domestic supply purposes, including those containing
air, the compression of which serves only as a cushion or airlift
pumping system, when located in private residences or in
apartment
houses of less than six family units;
(5) Portable boilers used in pumping, heating, steaming,
and
drilling, in the open field, for water, gas, and oil;
(6) Portable boilers used in the construction of and
repair
to public roads, railroads, and bridges;
(7) Historical steam boilers of riveted construction,
preserved, restored,
or maintained for hobby or demonstration
use.
Sec. 4104.06.
(A) The inspection of boilers and their
appurtenances and unfired
pressure vessels shall be made by the
inspectors mentioned in sections 4104.07
to 4104.20 of the Revised
Code. The superintendent
of
industrial compliance shall
administer and
enforce
such sections and rules adopted by the
board of building
standards pursuant to
section 4104.02 of the
Revised Code.
(B) The superintendent shall adopt, amend, and repeal rules
exclusively for the issuance, renewal, suspension, and revocation
of certificates of competency and certificates of operation, for
conducting hearings in accordance with Chapter 119. of the Revised
Code related to these actions, and for the
inspection of boilers
and their appurtenances, and unfired
pressure vessels.
(C) Notwithstanding division (B) of this section, the
superintendent shall not adopt rules relating to construction,
maintenance, or repair of boilers and their appurtenances, or
repair of unfired pressure vessels.
(D) The superintendent and each general inspector may enter
any premises and any building or room at all reasonable hours to
perform an examination or inspection.
Sec. 4104.07.
(A) An application for examination as an
inspector of boilers and unfired pressure vessels shall be in
writing, accompanied by a fee of fifty dollars, upon a blank to
be
furnished by the superintendent of
industrial
compliance. Any
moneys collected under this section shall be paid
into the state
treasury to the credit of the industrial compliance
operating
fund
created in section 121.084 of the Revised Code.
(B) The superintendent shall determine if an applicant meets
all the
requirements for examination in accordance with rules
adopted by
the board of building standards under section 4104.02
of the
Revised Code. An application shall be rejected which
contains
any willful falsification, or untruthful statements.
(C) An applicant shall be examined by the superintendent,
by
a written
examination, prescribed by the board, dealing with the
construction, installation, operation, maintenance, and repair of
boilers and unfired pressure vessels and their appurtenances, and
the applicant shall be accepted or rejected on the merits of
the
applicant's
application and examination.
(D) Upon a favorable report by the superintendent of the
result of an
examination, the superintendent shall immediately
issue to the
successful
applicant a certificate of competency to
that effect.
Sec. 4104.08.
(A) The director of commerce may appoint from
the
holders of
certificates of competency provided for in section
4104.07 of the Revised
Code, general inspectors of boilers and
unfired pressure vessels.
(B) Any company authorized to insure boilers and unfired
pressure vessels against explosion in this state may designate
from holders of certificates of competency issued by the
superintendent of
industrial compliance, or
holders of
certificates of competency or commissions issued
by
other states
or nations whose examinations for certificates or
commissions
have
been approved by the board of building standards,
persons to
inspect and
stamp boilers and unfired pressure vessels
covered by
the company's policies,
and the superintendent shall
issue to such
persons commissions authorizing
them to act as
special inspectors.
Special inspectors shall be compensated by
the company designating
them.
(C) The director of commerce shall establish an annual fee
to be
charged by the superintendent for each certificate of
competency
or commission
the superintendent issues.
(D) The superintendent shall issue to each
general or
special inspector a
commission to the effect
that the holder
thereof is authorized to
inspect boilers and
unfired pressure
vessels
in this state.
(E) No person shall be authorized to act
as a general
inspector or a special inspector who is
directly or
indirectly
interested in the manufacture or sale of
boilers or
unfired
pressure vessels.
Sec. 4104.15.
(A) All certificates of inspection for
boilers,
issued prior to October 15, 1965, are valid and effective
for the
period set forth in such certificates unless sooner
withdrawn by
the superintendent of
industrial
compliance. The
owner or
user of any such boiler shall obtain an
appropriate
certificate
of operation for such boiler, and shall
not operate
such
boiler, or permit it to be operated
unless a certificate of
operation has been
obtained
in accordance with section 4104.17 of
the Revised Code.
(B) If, upon making the internal and external inspection
required under sections 4104.11, 4104.12, and 4104.13 of the
Revised Code, the inspector finds the boiler to be in safe
working
order, with the fittings necessary to safety, and
properly set up,
upon
the inspector's report to the
superintendent, the
superintendent shall
issue to the owner or user
thereof, or renew,
upon application and upon compliance with
sections 4104.17 and
4104.18 of the Revised Code, a certificate
of operation which
shall state the maximum pressure at which the
boiler may be
operated, as ascertained by the rules of the board
of building
standards. Such certificates shall also state the
name of the
owner or user, the location, size, and number of each
boiler, and
the date of issuance, and shall be so placed as to be
easily read
in the engine room or boiler room of the plant where
the boiler is
located, except that the certificate of operation
for a portable
boiler shall be kept on the premises and shall be
accessible at
all times.
(C) If an inspector at any inspection finds that the boiler
or unfired pressure vessel is
not in safe working condition, or is
not provided with the
fittings necessary to safety, or if the
fittings are improperly
arranged,
the inspector shall
immediately
notify the owner or
user and
person in charge of the
boiler and
shall report the same to the
superintendent who
may revoke,
suspend, or deny the
certificate
of operation and not renew the
same until the boiler
or unfired pressure vessel and its fittings
are put in
condition
to insure safety of operation, and the owner
or user
shall not
operate the boiler
or unfired pressure vessel,
or permit it to be
operated until
such certificate has been
granted or restored.
(D) If the superintendent or a general boiler inspector
finds
that an unfired a pressure vessel or boiler or a part thereof
poses
an explosion hazard that reasonably can be regarded as
posing an
imminent danger of death or serious physical harm to
persons, the
superintendent or the general boiler inspector shall
seal the
unfired pressure vessel or boiler and order, in writing,
the
operator or owner of the unfired pressure vessel or boiler to
immediately cease the unfired pressure vessel's or boiler's
operation. The order shall be effective until the nonconformities
are eliminated, corrected, or otherwise remedied, or for a period
of seventy-two hours from the time of issuance, whichever occurs
first. During the seventy-two-hour period, the superintendent may
request that the prosecuting attorney or city attorney of Franklin
county or of the county in which the unfired pressure vessel or
boiler is located obtain an injunction restraining the operator or
owner of the unfired pressure vessel or boiler from continuing its
operation after the seventy-two-hour period expires until the
nonconformities are eliminated, corrected, or otherwise remedied.
(E) Each boiler which has been inspected shall be assigned a
number by the superintendent, which number shall be
stamped on a
nonferrous metal tag
affixed to
the boiler or its fittings by seal
or otherwise. No
person
except an inspector shall deface or
remove any such number
or
tag.
(F) If the owner or user of any
unfired pressure vessel or
boiler disagrees with the
inspector as to the necessity for
shutting down
an unfired a pressure vessel or boiler or for
making
repairs or alterations in it, or taking any other measures
for
safety that are requested by an inspector, the owner or user
may
appeal from the decision of the inspector to the superintendent,
who may,
after such other inspection by a general inspector or
special inspector as the superintendent deems necessary, decide
the issue.
(G) Neither sections 4104.01 to 4104.20 of the
Revised Code,
nor an inspection or report by any inspector, shall
relieve the
owner or user of
an unfired a pressure vessel or boiler of
the duty
of using
due care
in the inspection, operation,
and repair of the
unfired pressure vessel or boiler or of any
liability for damages
for
failure to
inspect, repair, or
operate the
unfired pressure
vessel or boiler safely.
Sec. 4104.18. (A) The owner or user of a boiler required
under section 4104.12 of the Revised Code to be inspected upon
installation, and the owner or user of a boiler for which a
certificate of inspection has been issued which is replaced with
an appropriate certificate of operation, shall pay to the
superintendent of
industrial compliance a fee in
the amount of
thirty forty-five dollars for boilers subject to
annual
inspections under
section 4104.11
of the Revised Code,
sixty
ninety dollars for boilers
subject to biennial inspection
under section
4104.13 of the
Revised Code,
ninety one hundred thirty-five dollars for boilers subject
to
triennial
inspection
under section 4104.11 of the Revised
Code, or
one
two hundred
fifty twenty-five dollars for boilers subject to quinquennial
inspection under section 4104.13 of the Revised Code.
A renewal fee in the amount of thirty forty-five dollars shall be paid
to the treasurer of state before
the renewal of any certificate of
operation.
(B) The fee for complete inspection during construction by
a
general inspector on boilers and unfired pressure vessels
manufactured within the state shall be thirty-five dollars per
hour. Boiler and unfired pressure vessel manufacturers other
than
those located in the state may secure inspection by a
general
inspector on work during construction, upon application
to the
superintendent, and upon payment of a fee of thirty-five
dollars
per hour, plus the necessary traveling and hotel expenses
incurred
by the inspector.
(C)
The application fee for applicants for steam engineer,
high pressure boiler operator, or low pressure boiler operator
licenses is fifty dollars. The fee for each original or
renewal
steam engineer, high pressure boiler operator, or low
pressure
boiler operator license is thirty-five dollars.
(D) The director of commerce, subject to the
approval of the
controlling board, may establish fees in excess
of the fees
provided in divisions (A), (B), and (C) of this section,
provided
that such fees do not exceed the amounts established in
this
section by more than fifty per cent. Any moneys collected
under
this section shall be paid into the state treasury to the
credit
of the industrial compliance operating fund created
in
section
121.084 of the Revised Code.
(E) Any person who fails to pay an
invoiced renewal fee
or
an invoiced inspection fee required
for any inspection
conducted
by the division of industrial
compliance pursuant to
this chapter
within forty-five days
of the invoice date shall pay a late
payment fee equal
to
twenty-five per cent of the
invoiced fee.
(F) In addition to the fees assessed in divisions (A) and
(B) of this section, the board of building standards shall assess
the owner or user a fee of three dollars and twenty-five cents
for
each certificate of operation or renewal thereof issued under
division (A) of this section and for each inspection conducted
under division (B) of this section. The board shall adopt rules,
in accordance with Chapter 119. of the Revised Code, specifying
the manner by which the superintendent shall collect and remit to
the board
the fees assessed under this division and requiring that
remittance of the
fees be made at least quarterly.
Sec. 4104.19. (A) Any person seeking a license to operate as
a
steam engineer, high pressure boiler operator, or low pressure
boiler operator shall file a written application with the
superintendent of industrial compliance on a form prescribed by the
superintendent with
the appropriate application fee as set forth
in section 4104.18 of
the Revised Code. The application shall
contain information
satisfactory to the superintendent to
demonstrate that the
applicant meets the requirements of division
(B) of this section.
The application shall be
filed with the
superintendent not more
than sixty days and not
less than thirty
days before the license
examination is offered.
(B) To qualify to take the examination required to obtain a
steam engineer, high pressure boiler operator, or low pressure
boiler operator license, a person shall meet both of the following
requirements:
(1) Be at least eighteen years of age;
(2) Have one year of experience in the operation of steam
engines, high
pressure boilers, or low pressure boilers as
applicable to the type of license being sought, or a combination
of experience and education for the type of license sought as
determined to be acceptable by the superintendent.
(C) No applicant shall qualify to take an examination or to
renew a license if the applicant has violated this chapter or if
the applicant has obtained or renewed a license issued under this
chapter by fraud, misrepresentation, or deception.
(D) The superintendent shall issue a license to each
applicant who receives a passing score on the examination, as
determined by the superintendent, for the license for which the
applicant applied.
(E) The superintendent shall may select and contract with one or
more persons to do all of the following relative to the
examinations for a license to operate as a steam engineer, high
pressure boiler operator, or low pressure boiler operator:
(1) Prepare, administer, score, and maintain the
confidentiality of the examination;
(2) Maintain responsibility for all expenses required to
fulfill division (E)(1) of this section;
(3) Charge each applicant a fee for administering the
examination, in an amount authorized by the superintendent;
(4) Design the examination for each type of license to
determine an applicant's competence to operate the equipment for
which the applicant is seeking licensure.
(F) Each license issued under this chapter expires one year
after the date of issue. Each person holding a valid, unexpired
license may renew the license, without reexamination, by applying
to the superintendent not more than ninety days before the
expiration of the license, and submitting with the application the
renewal fee established in section 4104.18 of the Revised Code.
Upon receipt of the renewal information and fee, the
superintendent shall issue the licensee a certificate of renewal.
(G) The superintendent, in accordance with Chapter 119. of
the Revised Code, may suspend or revoke any license, or may refuse
to issue a license under this chapter upon finding that a licensee
or an applicant for a license has violated or is violating the
requirements of this chapter.
Sec. 4104.20. No owner or operator of any boiler shall operate the same in
violation of sections 4104.11 to 4104.16, inclusive, and 4104.18 of the
Revised Code, or of any rule or regulation adopted by the board of building
standards, pursuant to section 4104.02 of the Revised Code, or without having
a boiler inspected and a certificate of operation issued therefor as provided
in
such sections or hinder or prevent a general or special inspector of boilers
from entering any premises in or on which a boiler is situated for the purpose
of inspection. No owner or operator of any unfired pressure vessel shall
operate the same in violation of section 4104.10 of the Revised Code, or of
any
rule or regulation adopted by the board of building standards, pursuant to
section 4104.02 of the Revised Code.
Sec. 4104.41. (A) As used in sections 4104.41 to
4104.45
4104.48 of the Revised
Code:
(1)(A) "Liquefied petroleum gas" means any material which is
composed predominantly of any of the following hydrocarbons, or
mixtures of the same: propane, propylene, normal butane, or
isobutane or butylenes.
(2)(B) "Other gaseous piping systems"
excludes natural gas piping gas systems.
(B) The director of commerce shall appoint general
inspectors of power,
refrigerating, hydraulic, heating, and
liquefied petroleum gas piping systems.
Such inspectors shall be
appointed from holders of certificates of competency
provided for
in section 4104.42 of the Revised Code.
Salaries shall be appropriated in the same manner as the
salaries of other employees of state departments, and expenses of
such general inspectors shall be provided for in the same manner
as the expenses of other employees of state departments.
Sec. 4104.42. (A) Each manufacturer, contractor, owner, or
user of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems shall conduct tests required under rules adopted by the board of building standards under division (A)(1) of section 4104.44 of the Revised Code and certify in writing on forms provided under section 4104.43 of the Revised Code by the superintendent of industrial compliance in the department of commerce that the welding and brazing procedures used
in the construction of those power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems meet the standards
established by the board under division (A)(1) of section 4104.44 of the Revised Code.
(B) Each manufacturer, contractor, owner, or user of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems who causes
welding or brazing to be performed in the construction of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems shall maintain at least one copy of the forms described in division
(A) of this section and make that copy accessible to
any individual certified by the board of building standards pursuant to division (E) of section 3781.10 of the Revised Code.
(C) An individual certified by the board of building standards pursuant to division (E) of section 3781.10 of the Revised Code shall examine the forms
described in division (A) of this section to determine compliance
with the rules adopted by the board of building standards under division (A)(1) of section 4104.44 of the Revised Code.
(D) An individual certified by the board of building standards pursuant to division (E) of section 3781.10 of the Revised Code with reason to question
the certification or ability of any welder or brazer shall report
the concerns to the superintendent of the division of industrial compliance in the department of commerce.
The superintendent shall investigate those concerns. If the superintendent finds facts that
substantiate the concerns of the individual certified by the board of building standards pursuant to division (E) of section 3781.10 of the Revised Code, the
superintendent may require the welder or brazer in question to become
recertified by a private vendor in the same manner by which five-year recertification is required under section 4104.46 of the Revised Code. The superintendent also may utilize the services of
an independent testing laboratory to witness the welding or
brazing performed on the project in question and to conduct tests
on coupons to determine whether the coupons meet the requirements
of the rules adopted by the board of building standards under division (A)(1) of section 4104.44 of the Revised Code.
Sec. 4104.43. (A) Each manufacturer, contractor, owner, or
user of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems who causes welding or brazing to be performed in the
construction of a power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping system shall file with the
superintendent of the division of industrial compliance two
complete copies of forms provided by the superintendent that
identify the welding and brazing procedure specifications and
welder and brazer performance qualifications performed in the
construction of that power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping system.
(B)(1) Upon receipt of the forms filed under division (A) of
this section, the superintendent shall review the welding and
brazing procedure specifications and welder and brazer performance
qualifications as indicated on the forms to determine compliance
with rules adopted by the board of building standards under division (A)(1) of section 4104.44 of the Revised Code.
(2) If the superintendent finds that the welding and brazing
procedure specifications and welder and brazer performance
qualifications comply with the requirements of the rules adopted by the board of building standards under division (A)(1) of section 4104.44 of the Revised Code, the superintendent shall approve the welding and
brazing procedure specifications and welder and brazer performance
qualifications as indicated on the forms and return one copy to
the manufacturer, contractor, owner, or user of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems who submitted the
forms.
(3) If the
superintendent finds that the welding and brazing procedure
specifications and welder and brazer performance qualifications do
not comply with the requirements of the rules adopted by the board of building standards under division (A)(1) of section 4104.44 of the Revised Code, the superintendent shall indicate on the forms that the welding and brazing procedure specifications and welder and brazer performance qualifications are not approved and return one copy of the form to the manufacturer,
contractor, owner, or user of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems who submitted the forms with an
explanation of why the welding and brazing procedure specifications and welder and brazer performance qualifications were not approved.
Sec. 4104.44. (A) The board of building standards,
established by section 3781.07 of the Revised Code, shall:
(1)
Formulate
Adopt rules governing the design, plan review, approval, construction,
and installation of power, refrigerating, hydraulic, heating, and
liquefied petroleum gas, oxygen, and other gaseous piping
systems.
Such
The rules shall prescribe uniform minimum standards
necessary
for the protection of the public health and safety and
shall
include rules establishing the safe working pressure to be
carried
by any such systems; a program for the certification of
the
welding and brazing procedures proposed to be used on any
such
system by the owner or operator of any welding or brazing
business
and for quinquennial performance testing of welders and
brazers
who work on any such system; and measures for the
conservation of
energy.
Such
The rules shall be based
upon and
follow generally
accepted engineering standards, formulas, and
practices
established and pertaining to such piping construction,
installation, and testing. The board may, for this purpose,
adopt
existing published standards,
as well as amendments thereto
subsequently published by the same
authority.
(2) Prescribe the tests, to ascertain the qualities of
materials and welding and brazing materials used in the
construction of power, refrigerating, hydraulic, heating, and
liquefied petroleum gas, oxygen, and other gaseous piping
systems;
(3) Make a standard form of certificate of inspection;
(4) Prescribe
the examinations for applicants for
certificates of competency provided for in section
4104.42 of
the
Revised Code and performance tests to determine the
proficiency of
welders and brazers;
(5) Certify municipal and county building departments to
inspect power, refrigerating, hydraulic, heating, and liquefied
petroleum gas, oxygen, and other gaseous piping systems and adopt
rules governing such certification;
(6) Establish the fee to be charged for an inspection made
by a general inspector and for the filing and auditing of special
inspector reports, and collect all fees established in this
section.
The fee for the quinquennial performance tests shall be
fifteen dollars and the fee for certification of welding and
brazing procedures mentioned in division (A) of this section
shall
be sixty dollars, except that the board of building
standards,
with the approval of the controlling board, may
establish fees in
excess of these fees, provided that the fees do
not exceed the
amounts of these fees by more than fifty per cent.
The fee for
each welding and brazing instruction sheet and
procedure
qualification record shall be fifteen dollars. Any
moneys
collected under this section shall be paid into the state
treasury
to the credit of the industrial compliance
operating fund
created
in section 121.084 of the Revised Code.
(B)
Piping is exempt from the requirements for submission
of
applications and inspections and the necessity to obtain
permits,
as required under this section and section
4104.45 of
the Revised
Code, or under rules adopted pursuant to those
sections, for
power, refrigerating, hydraulic, heating, and
liquefied petroleum
gas, oxygen, and gaseous piping systems if
the piping is used:
(1) In air cooling systems in residential or commercial
buildings and if such systems do not exceed five tons (sixty
thousand British thermal units per hour) per system; or
(2) In air heating systems in residential or commercial
buildings and if such systems do not exceed one hundred fifty
thousand British thermal units per hour per system.
(C) The board of building standards may, by rule, exempt
from the rules adopted pursuant to division (A)(1) of this
section
any pressure piping power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems which that pose no appreciable
danger to
the public health and safety.
Sec. 4104.45. (A) Except as otherwise provided in
section
4104.44 of the Revised Code, new power, refrigerating,
hydraulic, heating, liquefied
petroleum gas, oxygen, and other
gaseous piping systems shall be
thoroughly inspected in
accordance with the rules of the board of
building standards.
Such inspection inspections shall be performed by one of the
following:
(1) General inspectors of pressure piping systems;
(2) Special inspectors provided for in section
4104.43 of
the Revised Code;
(3) Local inspectors provided for in section 4104.43 of
the
Revised Code.
(B) Owners or users of pressure piping systems required to
be inspected under this section shall pay to the division of
industrial
compliance in the department of
commerce a fee of one
hundred fifty dollars plus
an additional fee determined as
follows:
(1) On or before June 30, 2000, two
per cent of the actual
cost of the system for each inspection
made by a general
inspector;
(2) On July 1, 2000, and through June 30, 2001, one and
eight-tenths per cent of the actual cost of the system for each
inspection
made by a general inspector;
(3) On and after July 1, 2001, one per cent of the actual
cost of
the system for each inspection made by a general
inspector.
(C) The board of building standards, subject to the
approval
of the controlling board, may establish a fee in excess
of the fee
provided in division (B) of this section, provided
that the fee
does not exceed the amount established in this
section by more
than fifty per cent.
(D) In addition to the fee assessed in division (B) of
this
section, the board of building standards shall assess the
owner or
user a fee of three dollars and twenty-five cents for
each system
inspected pursuant to this section. The board shall
adopt rules,
in accordance with Chapter 119. of the Revised Code,
specifying
the manner by which the superintendent of the
division of
industrial compliance in the department of commerce shall
collect
and
remit to the board the fees assessed under this division and
requiring that
remittance of the fees be made at least quarterly.
(E) Any moneys collected under this section shall be paid
into the state treasury to the credit of the industrial compliance
operating fund created in section 121.084 of the Revised Code.
(F) Any person who fails to pay an inspection fee required
for
any inspection conducted by the division pursuant to
this
chapter within
forty-five days after the inspection is conducted
shall pay a late payment fee
equal to twenty-five per cent of the
inspection fee inspectors designated by the superintendent of the division of industrial compliance in the department of commerce or, within jurisdictional limits established by the board of building standards, by individuals certified by the board of building standards pursuant to division (E) of section 3781.10 of the Revised Code who are designated to do so by local building departments, as appropriate.
(G)(B) The superintendent of the division of industrial compliance in the department of commerce may issue adjudication orders as
necessary
for the enforcement of sections 4104.41 to 4104.46 4104.48 of
the Revised Code and
rules adopted
under those sections. No
person shall violate or fail to comply with the
terms and
conditions of an adjudication order issued under this division.
Adjudication orders issued pursuant to this division and appeals
thereof are
governed by section 3781.19 of the Revised Code.
Sec. 4104.46. (A) The design, installation, and testing of
nonflammable medical gas and vacuum piping systems within the
scope of the national fire protection association standard,
section 1-1 of "NFPA 99C, Gas and Vacuum Systems," is governed by
that national fire protection association standard.
(B) Installers, inspectors, verifiers, construction
contracting maintenance personnel, and instructors for the design,
installation, and testing of nonflammable medical gas and vacuum
piping systems shall obtain certification by the American society
of sanitary engineers in accordance with the American society of
sanitary engineering series 6000 requirements.
Sec. 4104.47. (A) No individual other than one certified by a
private vendor in accordance with rules adopted by the board of
building standards shall perform welding or brazing or both in the
construction of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems.
(B) Each welder or brazer certified by a private vendor to
perform welding or brazing or both in the construction of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems shall be recertified by a private vendor to perform
those services five years after the date of the original
certification and every five years thereafter in accordance with
rules adopted by the board. A private vendor shall recertify a
welder or brazer who meets the requirements established by the board under division (A)(1) of section 4104.44 of the Revised Code.
Sec. 4104.46
4104.48. (A) No person shall violate
sections
4104.41 to
4104.46
4104.48 of the
Revised
Code, fail to perform
any duty
lawfully enjoined in connection with those sections, or
fail to
comply with any order issued by the superintendent of the
division of industrial compliance or any judgment or decree
issued
by any court in connection with the enforcement of
sections
4104.41 to
4104.46
4104.48 of the
Revised
Code.
(B) Every day during
which a person violates sections
4104.41 to
4104.46
4104.48 of the
Revised
Code, fails to perform
any duty
lawfully enjoined in connection with those sections, or
fails to
comply with any order issued by the superintendent of the
division of industrial compliance or any judgment or decree
issued
by any court in connection with the enforcement of
sections
4104.41 to
4104.46
4104.48 of the
Revised
Code constitutes a
separate
offense.
Sec. 4105.17. (A) The fee for
each inspection, or
attempted
inspection that, due to no fault of a general inspector
or the
division of
industrial compliance, is not successfully
completed,
by a general
inspector
before the operation of
a
permanent new elevator prior to the issuance of a certificate of
operation, before operation of an elevator being put back into
service after a repair, or as a result of the operation of section
4105.08 of the Revised Code and is an elevator required to be
inspected
under this
chapter is
twenty dollars plus
ten dollars
for each
floor where
the elevator stops. The
superintendent
of
industrial
compliance may assess
an additional fee of one hundred
twenty-five
dollars plus five
dollars for each floor
where an
elevator stops
for the
reinspection of an elevator when a previous
attempt to
inspect
that elevator has been unsuccessful through no
fault of a
general
inspector or the division of industrial
compliance.
(B) The fee for each inspection, or attempted inspection,
that due to no fault of the general inspector or the division of
industrial compliance, is not successfully completed by a general
inspector before operation of a permanent new escalator or moving
walk prior to the issuance of a certificate of operation, before
operation of an escalator or moving walk being put back in service
after a repair, or as a result of the operation of section 4105.08
of the Revised Code is three hundred dollars. The superintendent
of the division of industrial compliance may assess an additional
fee of one hundred fifty dollars for the reinspection of an
escalator or moving walk when a previous attempt to inspect that
escalator or moving walk has been unsuccessful through no fault of
the general inspector or the division of industrial compliance.
(C) The
fee for issuing or renewing a
certificate of
operation under
section 4105.15 of the Revised
Code
for an
elevator that is inspected every six months in accordance with
division (A) of section 4105.10 of the Revised Code is
one two
hundred five dollars
plus ten dollars for each floor where the
elevator stops, except where the elevator has been inspected by a
special inspector in accordance with section 4105.07 of the
Revised Code.
(D) The fee for issuing or renewing a certificate of
operation under section 4105.05 of the Revised Code for an
elevator that is inspected every twelve months in accordance with
division (A) of section 4105.10 of the Revised Code is fifty-five
dollars plus ten dollars for each floor where the elevator stops,
except where the elevator has been inspected by a special
inspector in accordance with
section 4105.07 of the Revised Code.
(E) The fee for issuing or renewing a certificate of
operation under section 4105.15 of the Revised Code for an
escalator or moving walk is three hundred dollars, except where
the escalator or moving walk has been inspected by a special
inspector in accordance section 4105.07 of the Revised Code.
(F) All other fees to be charged for any examination
given
or other service performed by the division of industrial
compliance pursuant to this chapter shall be prescribed by
the
director of commerce. The fees shall be reasonably
related to the
costs
of such examination or other service.
(G) The
director of commerce,
subject to the
approval
of
the controlling board, may establish
fees in excess
of the fees
provided in
divisions (A)
and,
(B), (C), (D), and (E) of this section, provided
that
the fees
do not exceed the
amounts established in
divisions
(A)
and (B) of this
section by more than fifty per cent. Any moneys
collected under
this section shall be paid into the state
treasury
to the credit
of the industrial compliance
operating fund
created
in section
121.084 of the Revised Code.
(H) Any person who fails to pay an inspection fee
required
for any inspection conducted by the division pursuant to
this
chapter within forty-five days after the inspection is
conducted
shall pay a late payment fee equal to twenty-five per
cent of the
inspection fee.
(I) In addition to the
fees assessed in
divisions (A),
(B), (C), and (D), and (E) of
this
section, the board of
building standards
shall assess a fee
of
three dollars and
twenty-five cents for each
certificate of
operation or renewal
thereof issued under division divisions
(A), (B), (C), (D), or (E) of this
section and for each
permit issued under section
4105.16 of the
Revised Code. The
board shall adopt rules, in
accordance with
Chapter 119. of the
Revised Code, specifying the
manner by which
the superintendent
of
industrial compliance shall
collect
and remit to
the board the fees assessed under this
division and
requiring that
remittance of the fees be made at
least quarterly.
(J) For purposes of this section:
(1) "Escalator" means a power driven, inclined, continuous
stairway used for raising or lowering passengers.
(2) "Moving walk" means a passenger carrying device on
which
passengers stand or walk, with a passenger carrying surface
that
is uninterrupted and remains parallel to its direction of
motion.
Sec. 4112.15. There is hereby created in the state treasury the civil rights
commission general reimbursement fund, which shall be used to pay operating
costs of the commission. All amounts received by the commission, and all amounts awarded by a court to the commission, for attorney's fees, court costs, expert witness fees, and other litigation expenses shall be paid into the state treasury to the credit of the fund. All money paid to amounts received by the commission for copies of
commission documents and for other goods and services furnished by the
commission shall be credited paid into the state treasury to the credit of the fund.
Sec. 4115.03. As used in sections 4115.03 to 4115.16 of
the
Revised Code:
(A)
"Public authority" means any officer, board, or
commission of the state, or any political subdivision of the
state, authorized to enter into a contract for the construction
of
a public improvement or to construct the same by the direct
employment of labor, or any institution supported in whole or in
part by public funds and said sections apply to expenditures of
such institutions made in whole or in part from public funds.
(B)
"Construction" means either of the following:
(1) Any new construction of any public improvement, the
total overall project
cost of which is fairly estimated to be more
than fifty thousand
dollars adjusted biennially by the director of
commerce pursuant
to section 4115.034 of the Revised Code and
performed by other than full-time
employees who have
completed
their probationary periods in the classified service of
a public
authority;
(2) Any reconstruction, enlargement, alteration, repair,
remodeling,
renovation, or painting of any public improvement, the
total overall project
cost of which is fairly estimated to be more
than fifteen thousand dollars
adjusted biennially by the
administrator pursuant to section
4115.034 of the Revised
Code and
performed by other than full-time employees who have completed
their
probationary period in the classified civil service of a
public authority.
(C)
"Public improvement" includes all buildings, roads,
streets, alleys, sewers, ditches, sewage disposal plants, water
works, and all other structures or works constructed by a public
authority of the state or any political subdivision thereof or by
any person who, pursuant to a contract with a public authority,
constructs any structure for a public authority of the state or a
political subdivision thereof. When a public authority rents or
leases a newly constructed structure within six months after
completion of such construction, all work performed on such
structure to suit it for occupancy by a public authority is a
"public
improvement."
"Public improvement" does not include an
improvement authorized
by section
1515.08 of the Revised Code that
is constructed pursuant to a contract with a
soil and water
conservation district, as defined in section 1515.01 of the
Revised Code, or performed as a result of a petition filed
pursuant to Chapter
6131., 6133., or 6135. of the Revised Code,
wherein no less than seventy-five
per cent of the project is
located on private land and no less than
seventy-five per cent of
the cost of the improvement is paid for by private
property owners
pursuant to Chapter 1515., 6131., 6133., or 6135. of the
Revised
Code.
(D)
"Locality" means the county wherein the physical work
upon any public improvement is being performed.
(E)
"Prevailing wages" means the sum of the following:
(1) The basic hourly rate of pay;
(2) The rate of contribution irrevocably made by a
contractor or subcontractor to a trustee or to a third person
pursuant to a fund, plan, or program;
(3) The rate of costs to the contractor or subcontractor
which may be reasonably anticipated in providing the following
fringe benefits to laborers and mechanics pursuant to an
enforceable commitment to carry out a financially responsible
plan
or program which was communicated in writing to the laborers
and
mechanics affected:
(a) Medical or hospital care or insurance to provide such;
(b) Pensions on retirement or death or insurance to
provide
such;
(c) Compensation for injuries or illnesses resulting from
occupational activities if it is in addition to that coverage
required by Chapters 4121. and 4123. of the Revised Code;
(d) Supplemental unemployment benefits that are in
addition
to those required by Chapter 4141. of the Revised Code;
(f) Disability and sickness insurance;
(h) Vacation and holiday pay;
(i) Defraying of costs for apprenticeship or other similar
training programs which are beneficial only to the laborers and
mechanics affected;
(j) Other bona fide fringe benefits.
None of the benefits enumerated in division (E)(3) of this
section may be considered in the determination of prevailing
wages
if federal, state, or local law requires contractors or
subcontractors to provide any of such benefits.
(F)
"Interested party," with respect to a particular
public
improvement, means:
(1) Any person who submits a bid for the purpose of
securing
the award of a contract for construction of the public
improvement;
(2) Any person acting as a subcontractor of a person
mentioned in division (F)(1) of this section;
(3) Any bona fide organization of labor which has as
members
or is authorized to represent employees of a person
mentioned in
division (F)(1) or (2) of this section and which
exists, in whole
or in part, for the purpose of negotiating with
employers
concerning the wages, hours, or terms and conditions of
employment
of employees;
(4) Any association having as members any of the persons
mentioned in division (F)(1) or (2) of this section.
(G) Except as used in division (A) of this section,
"officer" means an
individual who has an ownership interest or
holds an office of trust, command,
or authority in a corporation,
business trust, partnership, or association.
(H) "Contractor" means a person who bids on or enters into a contract for the construction of a public improvement that is subject to this chapter and includes subcontractors and lower-tier subcontractors involved in the construction of a public improvement that is subject to this chapter.
Sec. 4115.17. No contractor shall bid on a contract for a public improvement that is subject to this chapter unless the contractor is registered pursuant to section 4115.18 of the Revised Code or provides proof of applying for registration under that section. No public authority shall accept a bid on a public improvement from a contractor without having proof of the registration or application for registration of that contractor.
No contractor shall enter into a contract for a public improvement that is subject to this chapter unless the contractor is registered pursuant to section 4115.18 of the Revised Code.
Sec. 4115.18. (A) The superintendent of the division of labor and worker safety in the department of commerce shall prescribe a form for the registration of contractors who desire to bid on public improvements that are subject to this chapter. The superintendent shall design the registration form to acquire all of the following information from the contractor:
(1) The name and principal business address of the contractor;
(2) The type of business entity under which the contractor conducts business;
(3) A list of any convictions or guilty pleas of the contractor for violations of this chapter and any other labor-related laws, and the final dispositions of those convictions or pleas;
(4) Proof of compliance with Chapters 4121. and 4123. of the Revised Code;
(5) Additional information as determined by the superintendent.
(B) A contractor who desires to register shall pay an initial registration fee of three hundred dollars to the superintendent, accurately complete the registration form prescribed under division (A) of this section, and provide any additional information the superintendent requests specifically from that contractor. The superintendent shall reject any application that is not completed in its entirety. The superintendent may reject the application of any contractor who fails to supply additional information the superintendent requests specifically from that contractor.
Sec. 4115.19. (A) The superintendent of the division of labor and worker safety in the department of commerce shall issue a certificate of registration to a contractor within thirty days after receiving from that contractor the initial registration fee, a fully completed registration form, and any additional information the superintendent requested specifically from that contractor pursuant to section 4115.18 of the Revised Code.
(B)(1) The initial certificate of registration and the first renewal of a certificate of registration each are valid for one year after the date of issuance. For the first renewal, a contractor who desires to renew registration shall pay a renewal fee of three hundred dollars to the superintendent not less than thirty days before the expiration date of the contractor's initial certificate of registration. Except as provided in division (B)(2) of this section, thereafter, a contractor shall pay a renewal fee of three hundred dollars to the superintendent not less than thirty days before the expiration date of the contractor's current certificate of registration.
(2) After two consecutive years of registration, a contractor may elect to register for a two-year period and pay a registration fee of five hundred dollars not less than thirty days before the expiration date of the contractor's current certificate of registration. A certificate of registration that is renewed under division (B)(2) of this section is valid for two years after the date of issuance.
Sec. 4115.20. (A) The superintendent of the division of labor and worker safety in the department of commerce shall deposit all registration fees collected pursuant to section 4115.19 of the Revised Code into the state treasury to the credit of the prevailing wage administration fund, which is hereby created.
(B) The director of commerce shall assess the prevailing wage administration fund a proportionate share of the administrative costs of the department of commerce in accordance with procedures prescribed by the director of commerce, with the approval of the director of budget and management. The assessment shall be paid from the prevailing wage administration fund to the division of administration fund created in section 121.08 of the Revised Code.
(C) Money credited to the prevailing wage administration fund shall be used for the administration of this chapter and for the administrative assessment described in division (B) of this section.
(D) If the director determines that funds in the prevailing wage administration fund exceed the amount necessary to fund all the expenses incurred to administer this chapter in any biennium, the director may reduce the amount of the fees collected pursuant to section 4115.19 of the Revised Code.
Sec. 4117.02. (A) There is hereby created the state
employment relations board, consisting of three members to be
appointed by the governor with the advice and consent of the
senate. Members shall be knowledgeable about labor relations or
personnel practices. No more than two of the three members shall
belong to the same political party. A member of the board during
the member's period of service shall hold no other public
office or public
or private employment and shall allow no other responsibilities
to interfere or conflict with the member's duties as a
full-time board
member. Of the initial appointments made to the board, one shall
be for a term ending October 6, 1984, one shall be for a term
ending October 6, 1985, and one shall be for a term ending
October 6, 1986. Thereafter, terms of office shall be for six
years, each term ending on the same day of the same month of the
year as did the term that it succeeds. Each member shall hold
office from the date of the member's appointment until the
end of the term
for which the member is appointed. Any member appointed to
fill a
vacancy occurring prior to the expiration of the term for which
the member's predecessor was appointed shall hold office for
the remainder
of the term. Any member shall continue in office subsequent to
the expiration of the member's term until the
member's successor takes office or
until a period of sixty days has elapsed, whichever occurs first. The
The governor shall designate one member to serve as
chairperson of the board. The governor may remove any member of
the board, upon notice and public hearing, for neglect of duty or
malfeasance in office, but for no other cause.
(B) A (1) The governor shall designate one member of the board to serve as chairperson of the board. The chairperson is the head of the board and its chief executive officer.
(2) The chairperson shall exercise all administrative powers and duties conferred upon the board under this chapter and shall do all of the following:
(a) Except as provided in division (F)(2) of this section, employ, promote, supervise, and remove all employees of the board, and establish, change, or abolish positions and assign or reassign the duties of those employees as the chairperson determines necessary to achieve the most efficient performance of the board's duties under this chapter;
(b) Maintain the office of the board in Columbus and manage the office's daily operations, including securing facilities, equipment, and supplies necessary to house the board, employees of the board, and files and records under the board's control;
(c) Prepare and submit to the office of budget and management a budget for each biennium according to section 107.03 of the Revised Code, and include in the budget the costs of the board and its staff and the board's costs in discharging any duty imposed by law upon the board, the chairperson, or any of the board's employees or agents.
(C) The vacancy on the board does not impair the right of
the remaining members to exercise all the powers of the board,
and two members of the board, at all times,
constitute a quorum.
The board shall have an official seal of which courts shall take
judicial notice.
(C)(D) The board shall make an annual report in writing to
the governor and to the general assembly, stating in detail the
work it has done.
(D)(E) Compensation of the chairperson and members shall be
in accordance with division (J) of section 124.15 of the Revised
Code. The chairperson and the members are eligible for
reappointment. In addition to such compensation, all members
shall be reimbursed for their necessary expenses incurred in the
performance of their work as members.
(E)(F)(1) The chairperson, after consulting with the other board members and receiving the consent of at least one other board member, shall appoint an executive director and. The chairperson also shall appoint
attorneys, and attorney-trial examiners, mediators, arbitrators,
members of fact-finding panels, directors for local areas, and
other employees as it finds necessary for the proper performance
of its duties and may prescribe their duties. The
(2) The board shall appoint mediators, arbitrators, members of fact-finding panels, and directors for local areas, and shall prescribe their job duties.
(G)(1) The executive director shall serve at the pleasure of the chairperson. The executive director, under the direction of the chairperson, shall do all of the following:
(a) Act as chief administrative officer for the board;
(b) Ensure that all employees of the board comply with the rules of the board;
(c) Do all things necessary for the efficient and effective implementation of the duties of the board.
(2) The duties of the executive director described in division (G)(1) of this section do not relieve the chairperson from final responsibility for the proper performance of the duties described in that division.
(H) The attorney
general shall be the legal adviser of the board and shall appear
for and represent the board and its agents in all legal
proceedings. The board may utilize regional, local, or other
agencies, and utilize voluntary and uncompensated services as
needed. The board may contract with the federal mediation and
conciliation service for the assistance of mediators,
arbitrators, and other personnel the service makes available.
The board and the chairperson, respectively, shall appoint all employees on the basis of training,
practical experience, education, and character, notwithstanding
the requirements established by section 119.09 of the Revised
Code. The board shall give special regard to the practical
training and experience that employees have for the particular
position involved. All full-time employees of the board
excepting the executive director, the head of the bureau of
mediation, and the personal secretaries and assistants of the
board members are in the classified service. All employees of
the board shall be paid in accordance with Chapter 124. of the
Revised Code.
(F)(I) The board shall select and assign examiners and other
agents whose functions are to conduct hearings with due regard to
their impartiality, judicial temperament, and knowledge. If in
any proceeding under this chapter, any party prior to five days
before the hearing thereto files with the board a sworn statement
charging that the examiner or other agent designated to conduct
the hearing is biased or partial in the proceeding, the board may
disqualify the person and designate another examiner or agent to
conduct the proceeding. At least ten days before any hearing,
the board shall notify all parties to a proceeding of the name of
the examiner or agent designated to conduct the hearing.
(G)(J) The principal office of the board is in Columbus, but
it may meet and exercise any or all of its powers at any other
place within the state. The board may, by one or more of its
employees, or any agents or agencies it designates, conduct in
any part of this state any proceeding, hearing, investigation,
inquiry, or election necessary to the performance of its
functions; provided, that no person so designated may later sit
in determination of an appeal of the decision of that cause or
matter.
(H)(K) In addition to the powers and functions provided in
other sections of this chapter, the board shall do all of the
following:
(1) Create a bureau of mediation within the state
employment relations board, to perform the functions provided in
section 4117.14 of the Revised Code. This bureau shall also
establish, after consulting representatives of employee
organizations and public employers, panels of qualified persons
to be available to serve as members of fact-finding panels and
arbitrators.
(2) Conduct studies of problems involved in representation
and negotiation and make recommendations for legislation;
(3) Hold hearings pursuant to this chapter and, for the
purpose of the hearings and inquiries, administer oaths and
affirmations, examine witnesses and documents, take testimony and
receive evidence, compel the attendance of witnesses and the
production of documents by the issuance of subpoenas, and
delegate these powers to any members of the board or any
attorney-trial examiner appointed by the board for the
performance of its functions;
(4) Train representatives of employee organizations and
public employers in the rules and techniques of collective
bargaining procedures;
(5) Make studies and analyses of, and act as a
clearinghouse of information relating to, conditions of
employment of public employees throughout the state and request
assistance, services, and data from any public employee
organization, public employer, or governmental unit. Public
employee organizations, public employers, and governmental units
shall provide such assistance, services, and data as will enable
the board to carry out its functions and powers.
(6) Make available to employee organizations, public
employers, mediators, fact-finding panels, arbitrators, and joint
study committees statistical data relating to wages, benefits,
and employment practices in public and private employment
applicable to various localities and occupations to assist them
to resolve issues in negotiations;
(7) Notwithstanding section 119.13 of the Revised Code,
establish standards of persons who practice before it;
(8) Adopt, amend, and rescind rules and procedures and
exercise other powers appropriate to carry out this chapter.
Before the adoption, amendment, or rescission of rules and
procedures under this section, the board shall do all of the following:
(a) Maintain a list of interested public employers and
employee organizations and mail notice to such groups of any
proposed rule or procedure, amendment thereto, or rescission
thereof at least thirty days before any public hearing thereon;
(b) Mail a copy of each proposed rule or procedure,
amendment thereto, or rescission thereof to any person who
requests a copy within five days after receipt of the request
therefor;
(c) Consult with appropriate statewide organizations
representing public employers or employees who would be affected
by the proposed rule or procedure.
Although the board is expected to discharge these duties
diligently, failure to mail any notice or copy, or to so consult
with any person, is not jurisdictional and shall not be construed
to invalidate any proceeding or action of the board.
(I)(L) In case of neglect or refusal to obey a subpoena
issued to any person, the court of common pleas of the county in
which the investigation or the public hearing occurs, upon
application by the board, may issue an order requiring the person
to appear before the board and give testimony about the matter
under investigation. The court may punish a failure to obey the
order as contempt.
(J)(M) Any subpoena, notice of hearing, or other process or
notice of the board issued under this section may be served
personally, by certified mail, or by leaving a copy at the
principal office or personal residence of the respondent required
to be served. A return, made and verified by the individual
making the service and setting forth the manner of service, is
proof of service, and a return post office receipt, when
certified mail is used, is proof of service. All process in any
court to which application is made under this chapter may be
served in the county wherein the persons required to be served
reside or are found.
(K)(N) All expenses of the board, including all necessary
traveling and subsistence expenses incurred by the members or
employees of the board under its orders, shall be paid pursuant
to itemized vouchers approved by the chairperson of the
board, the
executive director, or both, or such other person as the board chairperson
designates for that purpose.
(L)(O) Whenever the board determines that a substantial
controversy exists with respect to the application or
interpretation of this chapter and the matter is of public or
great general interest, the board shall certify its final order
directly to the court of appeals having jurisdiction over the
area in which the principal office of the public employer
directly affected by the application or interpretation is
located. The chairperson shall file with the clerk of the court
a certified copy of the transcript of the proceedings before the
board pertaining to the final order. If upon hearing and
consideration the court decides that the final order of the board
is unlawful or is not supported by substantial evidence on the
record as a whole, the court shall reverse and vacate the final
order or modify it and enter final judgment in accordance with
the modification; otherwise, the court shall affirm the final
order. The notice of the final order of the board to the
interested parties shall contain a certification by the
chairperson of the board that the final order is of public or
great general interest and that a certified transcript of the
record of the proceedings before the board had been filed with
the clerk of the court as an appeal to the court. For the
purposes of this division, the board has standing to bring its
final order properly before the court of appeals.
(M)(P) Except as otherwise specifically provided in this
section, the board is subject to Chapter 119. of the Revised
Code, including the procedure for submission of proposed rules to
the general assembly for legislative review under division (H) of
section 119.03 of the Revised Code.
Sec. 4117.10. (A) An agreement between a public employer
and an exclusive representative entered into pursuant to this
chapter governs the wages, hours, and terms and conditions of
public employment covered by the agreement. If the agreement
provides for a final and binding arbitration of grievances,
public employers, employees, and employee organizations are
subject solely to that grievance procedure and the state
personnel board of review or civil service commissions have no
jurisdiction to receive and determine any appeals relating to
matters that were the subject of a final and binding grievance
procedure. Where no agreement exists or where an agreement makes
no specification about a matter, the public employer and public
employees are subject to all applicable state or local laws or
ordinances pertaining to the wages, hours, and terms and
conditions of employment for public employees. Laws pertaining
to civil rights, affirmative action, unemployment compensation,
workers' compensation, the retirement of public employees, and
residency requirements, the minimum educational requirements
contained in the Revised Code pertaining to public education
including the requirement of a certificate by the fiscal officer
of a school district pursuant to section 5705.41 of the Revised
Code, the provisions of division (A) of section 124.34 of the Revised Code
governing the disciplining of officers and employees who have been convicted
of a felony, and the minimum standards promulgated by the state
board of
education pursuant to division (D) of section 3301.07 of the
Revised Code prevail over conflicting provisions of agreements
between employee organizations and public employers. The law
pertaining to the leave of absence and compensation provided
under section 5923.05 of the Revised Code prevails over any
conflicting provisions of such agreements if the terms of the
agreement contain benefits which are less than those contained in
that section or the agreement contains no such terms and the
public authority is the state or any agency, authority,
commission, or board of the state or if the public authority is
another entity listed in division (B) of section 4117.01 of the
Revised Code that elects to provide leave of absence and
compensation as provided in section 5923.05 of the Revised Code.
Except for sections 306.08, 306.12, and 306.35, and 4981.22 of the
Revised Code and arrangements entered into thereunder, and
section 4981.21 of the Revised Code as necessary to comply with
section 13(c) of the "Urban Mass Transportation Act of 1964," 87
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements
entered into thereunder, this chapter prevails over any and all
other conflicting laws, resolutions, provisions, present or
future, except as otherwise specified in this chapter or as
otherwise specified by the general assembly. Nothing in this
section prohibits or shall be construed to invalidate the
provisions of an agreement establishing supplemental workers'
compensation or unemployment compensation benefits or exceeding
minimum requirements contained in the Revised Code pertaining to
public education or the minimum standards promulgated by the
state board of education pursuant to division (D) of section
3301.07 of the Revised Code.
(B) The public employer shall submit a request for funds
necessary to implement an agreement and for approval of any other
matter requiring the approval of the appropriate legislative body
to the legislative body within fourteen days of the date on which
the parties finalize the agreement, unless otherwise specified,
but if the appropriate legislative body is not in session at the
time, then within fourteen days after it convenes. The
legislative body must approve or reject the submission as a
whole, and the submission is deemed approved if the legislative
body fails to act within thirty days after the public employer
submits the agreement. The parties may specify that those
provisions of the agreement not requiring action by a legislative
body are effective and operative in accordance with the terms of
the agreement, provided there has been compliance with division
(C) of this section. If the legislative body rejects the
submission of the public employer, either party may reopen all or
part of the entire agreement.
As used in this section, "legislative body" includes the
general assembly, the governing board of a municipal corporation,
school district, college or university, village, township, or
board of county commissioners or any other body that has
authority to approve the budget of their public jurisdiction.
(C) The chief executive officer, or the chief executive
officer's representative, of
each municipal corporation, the designated representative of the
board of education of each school district, college or
university, or any other body that has authority to approve the
budget of their public jurisdiction, the designated
representative of the board of county commissioners and of each
elected officeholder of the county whose employees are covered by
the collective negotiations, and the designated representative of
the village or the board of township trustees of each township is
responsible for negotiations in the collective bargaining
process; except that the legislative body may accept or reject a
proposed collective bargaining agreement. When the matters about
which there is agreement are reduced to writing and approved by
the employee organization and the legislative body, the agreement
is binding upon the legislative body, the employer, and the
employee organization and employees covered by the agreement.
(D) There is hereby established an office of collective
bargaining in the department of administrative services for the
purpose of negotiating with and entering into written agreements
between state agencies, departments, boards, and commissions and
the exclusive representative on matters of wages, hours, terms
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective bargaining agreement. Nothing in any provision of law
to the contrary shall be interpreted as excluding the bureau of
workers' compensation and the industrial commission from the
preceding sentence. This office shall not negotiate on behalf of
other statewide elected officials or boards of trustees of state
institutions of higher education who shall be considered as
separate public employers for the purposes of this chapter;
however, the office may negotiate on behalf of these officials or
trustees where authorized by the officials or trustees. The
staff of the office of collective bargaining are in the
unclassified service. The director of administrative services
shall fix the compensation of the staff.
The office of collective bargaining shall:
(1) Assist the director in formulating management's
philosophy for public collective bargaining as well as planning
bargaining strategies;
(2) Conduct negotiations with the exclusive
representatives of each employee organization;
(3) Coordinate the state's resources in all mediation,
fact-finding, and arbitration cases as well as in all labor
disputes;
(4) Conduct systematic reviews of collective bargaining
agreements for the purpose of contract negotiations;
(5) Coordinate the systematic compilation of data by all
agencies that is required for negotiating purposes;
(6) Prepare and submit an annual report and other reports
as requested to the governor and the general assembly on the
implementation of this chapter and its impact upon state
government.
Sec. 4117.14. (A) The procedures contained in this
section
govern the settlement of disputes between an exclusive
representative and a public employer concerning the termination
or
modification of an existing collective bargaining agreement or
negotiation of a successor agreement, or the negotiation of an
initial collective bargaining agreement.
(B)(1) In those cases where there exists a collective
bargaining agreement, any public employer or exclusive
representative desiring to terminate, modify, or negotiate a
successor collective bargaining agreement shall:
(a) Serve written notice upon the other party of the
proposed termination, modification, or successor agreement. The
party must serve the notice not less than sixty days prior to the
expiration date of the existing agreement or, in the event the
existing collective bargaining agreement does not contain an
expiration date, not less than sixty days prior to the time it is
proposed to make the termination or modifications or to make
effective a successor agreement.
(b) Offer to bargain collectively with the other party for
the purpose of modifying or terminating any existing agreement or
negotiating a successor agreement;
(c) Notify the state employment relations board of the
offer
by serving upon the board a copy of the written notice to
the
other party and a copy of the existing collective bargaining
agreement.
(2) In the case of initial negotiations between a public
employer and an exclusive representative, where a collective
bargaining agreement has not been in effect between the parties,
any party may serve notice upon the board and the other party
setting forth the names and addresses of the parties and offering
to meet, for a period of ninety days, with the other party for
the
purpose of negotiating a collective bargaining agreement.
If the settlement procedures specified in divisions (B),
(C),
and (D) of this section govern the parties, where those
procedures
refer to the expiration of a collective bargaining
agreement, it
means the expiration of the sixty-day period to
negotiate a
collective bargaining agreement referred to in this
subdivision,
or in the case of initial negotiations, it means the
ninety day
period referred to in this subdivision.
(3) The parties shall continue in full force and effect
all
the terms and conditions of any existing collective
bargaining
agreement, without resort to strike or lock-out, for a
period of
sixty days after the party gives notice or until the
expiration
date of the collective bargaining agreement, whichever
occurs
later, or for a period of ninety days where applicable.
(4) Upon receipt of the notice, the parties shall enter
into
collective bargaining.
(C) In the event the parties are unable to reach an
agreement, they may submit, at any time prior to forty-five days
before the expiration date of the collective bargaining
agreement,
the issues in dispute to any mutually agreed upon
dispute
settlement procedure which supersedes the procedures
contained in
this section.
(1) The procedures may include:
(a) Conventional arbitration of all unsettled issues;
(b) Arbitration confined to a choice between the last
offer
of each party to the agreement as a single package;
(c) Arbitration confined to a choice of the last offer of
each party to the agreement on each issue submitted;
(d) The procedures described in division (C)(1)(a), (b),
or
(c) of this section and including among the choices for the
arbitrator, the recommendations of the fact finder, if there are
recommendations, either as a single package or on each issue
submitted;
(e) Settlement by a citizens' conciliation council
composed
of three residents within the jurisdiction of the public
employer.
The public employer shall select one member and the
exclusive
representative shall select one member. The two
members selected
shall select the third member who shall chair
the council. If the
two members cannot agree upon a third member
within five days
after their appointments, the board shall
appoint the third
member. Once appointed, the council shall make
a final settlement
of the issues submitted to it pursuant to
division (G) of this
section.
(f) Any other dispute settlement procedure mutually agreed
to by the parties.
(2) If, fifty days before the expiration date of the
collective bargaining agreement, the parties are unable to reach
an agreement, any party may request the state employment
relations
board to intervene. The request shall set forth the
names and
addresses of the parties, the issues involved, and, if
applicable,
the expiration date of any agreement.
The board shall intervene and investigate the dispute to
determine whether the parties have engaged in collective
bargaining.
If an impasse exists or forty-five days before the
expiration
date of the collective bargaining agreement if one
exists, the
board shall appoint a mediator to assist the parties
in the
collective bargaining process.
(3) If the mediator after assisting the parties advises
the
board that the parties have reached an impasse, or not later
than
thirty-one days prior to the expiration date of the
agreement Any time after the appointment of a mediator, either party may request the appointment of a fact-finding panel. Within fifteen days after receipt of a request for a fact-finding panel, the
board shall appoint within one day a fact-finding
panel of not
more than three members who have been selected by
the parties in
accordance with rules established by the board,
from a list of
qualified persons maintained by the board.
(a) The fact-finding panel shall, in accordance with rules
and procedures established by the board that include the
regulation of costs and expenses of fact-finding, gather facts
and
make recommendations for the resolution of the matter. The
board
shall by its rules require each party to specify in writing
the
unresolved issues and its position on each issue to the
fact-finding panel. The fact-finding panel shall make final
recommendations as to all the unresolved issues.
(b) The board may continue mediation, order the parties to
engage in collective bargaining until the expiration date of the
agreement, or both.
(4) The following guidelines apply to fact-finding:
(a) The fact-finding panel may establish times and place
of
hearings which shall be, where feasible, in the jurisdiction
of
the state.
(b) The fact-finding panel shall conduct the hearing
pursuant to rules established by the board.
(c) Upon request of the fact-finding panel, the board
shall
issue subpoenas for hearings conducted by the panel.
(d) The fact-finding panel may administer oaths.
(e) The board shall prescribe guidelines for the
fact-finding panel to follow in making findings. In making its
recommendations, the fact-finding panel shall take into
consideration the factors listed in divisions (G)(7)(a) to (f) of
this section.
(f) The fact-finding panel may attempt mediation at any
time
during the fact-finding process. From the time of
appointment
until the fact-finding panel makes a final
recommendation, it
shall not discuss the recommendations for
settlement of the
dispute with parties other than the direct
parties to the dispute.
(5) The fact-finding panel, acting by a majority of its
members, shall transmit its findings of fact and recommendations
on the unresolved issues to the public employer and employee
organization involved and to the board no later than fourteen
days
after the appointment of the fact-finding panel, unless the
parties mutually agree to an extension. The state parties shall pay
one-half share the cost of the fact-finding panel. The parties each
shall pay one-half of the remaining costs in a manner agreed to by the parties.
(6)(a) Not later than seven days after the findings and
recommendations are sent, the legislative body, by a three-fifths
vote of its total membership, and in the case of the public
employee organization, the membership, by a three-fifths vote of
the total membership, may reject the recommendations; if neither
rejects the recommendations, the recommendations shall be deemed
agreed upon as the final resolution of the issues submitted and a
collective bargaining agreement shall be executed between the
parties, including the fact-finding panel's recommendations,
except as otherwise modified by the parties by mutual agreement.
If either the legislative body or the public employee
organization
rejects the recommendations, the board shall
publicize the
findings of fact and recommendations of the
fact-finding panel.
The board shall adopt rules governing the
procedures and methods
for public employees to vote on the
recommendations of the
fact-finding panel.
(b) As used in division (C)(6)(a) of this section,
"legislative body" means the controlling board when the state or
any of its agencies, authorities, commissions, boards, or other
branch of public employment is party to the fact-finding process.
(D) If the parties are unable to reach agreement within
seven days after the publication of findings and recommendations
from the fact-finding panel or the collective bargaining
agreement, if one exists, has expired, then the:
(1) Public employees, who are members of a police or fire
department, members of the state highway patrol, deputy sheriffs,
dispatchers employed by a police, fire or sheriff's department or
the state highway patrol or civilian dispatchers employed by a
public employer other than a police, fire, or sheriff's
department
to dispatch police, fire, sheriff's department, or
emergency
medical or rescue personnel and units, an exclusive
nurse's unit,
employees of the state school for the deaf or the
state school for
the blind, employees of any public employee
retirement system,
corrections officers, guards at penal or
mental institutions,
special police officers appointed
in accordance with sections
5119.14 and 5123.13 of the Revised
Code, psychiatric attendants
employed at mental health forensic
facilities, or youth leaders
employed at juvenile correctional
facilities, shall submit the
matter to a final offer settlement
procedure pursuant to a board
order issued forthwith to the
parties to settle by a conciliator
selected by the parties. The
parties shall request from the board
a list of five qualified
conciliators and the parties shall select
a single conciliator
from the list by alternate striking of names.
If the parties
cannot agree upon a conciliator within five days
after the board
order, the board shall on the sixth day after its
order appoint a
conciliator from a list of qualified persons
maintained by the
board or shall request a list of qualified
conciliators from the
American arbitration association and appoint
therefrom.
(2) Public employees other than those listed in division
(D)(1) of this section have the right to strike under Chapter
4117. of the Revised Code provided that the employee organization
representing the employees has given a ten-day prior written
notice of an intent to strike to the public employer and to the
board, and further provided that the strike is for full,
consecutive
work days and the beginning date of the strike is at
least ten work days after
the ending date of the most recent prior
strike involving the same bargaining
unit; however, the board, at
its discretion, may attempt
mediation at any time.
(E) Nothing in this section shall be construed to prohibit
the parties, at any time, from voluntarily agreeing to submit any
or all of the issues in dispute to any other alternative dispute
settlement procedure. An agreement or statutory requirement to
arbitrate or to settle a dispute pursuant to a final offer
settlement procedure and the award issued in accordance with the
agreement or statutory requirement is enforceable in the same
manner as specified in division (B) of section 4117.09 of the
Revised Code.
(F) Nothing in this section shall be construed to prohibit
a
party from seeking enforcement of a collective bargaining
agreement or a conciliator's award as specified in division (B)
of
section 4117.09 of the Revised Code.
(G) The following guidelines apply to final offer
settlement
proceedings under division (D)(1) of this section:
(1) The parties shall submit to final offer settlement
those
issues that are subject to collective bargaining as
provided by
section 4117.08 of the Revised Code and upon which
the parties
have not reached agreement and other matters mutually
agreed to by
the public employer and the exclusive
representative; except that
the conciliator may attempt mediation
at any time.
(2) The conciliator shall hold a hearing within thirty
days
of the board's order to submit to a final offer settlement
procedure, or as soon thereafter as is practicable.
(3) The conciliator shall conduct the hearing pursuant to
rules developed by the board. The conciliator shall establish the
hearing
time and place, but it shall be, where feasible, within
the jurisdiction of
the state. Not later than five calendar days
before the hearing, each of the
parties shall submit to the
conciliator, to the opposing party, and to the board, a written
report summarizing the unresolved issues, the party's final offer
as to the issues, and the rationale for that position.
(4) Upon the request by the conciliator, the board shall
issue subpoenas for the hearing.
(5) The conciliator may administer oaths.
(6) The conciliator shall hear testimony from the parties
and provide for a written record to be made of all statements at
the hearing. The board shall submit for inclusion in the record
and for consideration by the conciliator the written report and
recommendation of the fact-finders.
(7) After hearing, the conciliator shall resolve the
dispute
between the parties by selecting, on an issue-by-issue
basis, from
between each of the party's final settlement offers,
taking into
consideration the following:
(a) Past collectively bargained agreements, if any,
between
the parties;
(b) Comparison of the issues submitted to final offer
settlement relative to the employees in the bargaining unit
involved with those issues related to other public and private
employees doing comparable work, giving consideration to factors
peculiar to the area and classification involved;
(c) The interests and welfare of the public, the ability
of
the public employer to finance and administer the issues
proposed,
and the effect of the adjustments on the normal
standard of public
service;
(d) The lawful authority of the public employer;
(e) The stipulations of the parties;
(f) Such other factors, not confined to those listed in
this
section, which are normally or traditionally taken into
consideration in the determination of the issues submitted to
final offer settlement through voluntary collective bargaining,
mediation, fact-finding, or other impasse resolution procedures
in
the public service or in private employment.
(8) Final offer settlement awards made under Chapter 4117.
of the Revised Code are subject to Chapter 2711. of the Revised
Code.
(9) If more than one conciliator is used, the
determination
must be by majority vote.
(10) The conciliator shall make written findings of fact
and
promulgate a written opinion and order upon the issues
presented
to the conciliator, and upon the record made before
the
conciliator and shall mail or otherwise deliver a true copy
thereof to the
parties and the board.
(11) Increases in rates of compensation and other matters
with cost implications awarded by the conciliator may be
effective
only at the start of the fiscal year next commencing
after the
date of the final offer settlement award; provided that
if a new
fiscal year has commenced since the issuance of the
board order to
submit to a final offer settlement procedure, the
awarded
increases may be retroactive to the commencement of the
new fiscal
year. The parties may, at any time, amend or modify a
conciliator's award or order by mutual agreement.
(12) The parties shall bear equally the cost of the final
offer settlement procedure.
(13) Conciliators appointed pursuant to this section shall
be residents of the state.
(H) All final offer settlement awards and orders of the
conciliator made pursuant to Chapter 4117. of the Revised Code
are
subject to review by the court of common pleas having
jurisdiction
over the public employer as provided in Chapter
2711. of the
Revised Code. If the public employer is located in
more than one
court of common pleas district, the court of common
pleas in which
the principal office of the chief executive is
located has
jurisdiction.
(I) The issuance of a final offer settlement award
constitutes a binding mandate to the public employer and the
exclusive representative to take whatever actions are necessary
to
implement the award.
Sec. 4123.27. Information contained in the annual
statement
provided for in section 4123.26 of the Revised Code,
and such
other information as may be furnished to the bureau of
workers'
compensation by employers in pursuance of that section, is
for the
exclusive use and information of the bureau in the
discharge of
its official duties, and shall not be open to the
public nor be
used in any court in any action or proceeding
pending therein
unless the bureau is a party to the action or
proceeding; but the
information contained in the statement may be
tabulated and
published by the bureau in statistical form for the
use and
information of other state departments and the public. No person
in
the employ of the bureau, except those who are authorized by
the
administrator of workers' compensation, shall divulge any
information secured
by the person while in the employ of the
bureau in respect
to the transactions, property, claim files,
records, or papers of the bureau
or in respect to the business or
mechanical,
chemical, or other industrial process of any company,
firm,
corporation, person, association, partnership, or public
utility
to any person other than the administrator or to the
superior of such employee
of the bureau.
Notwithstanding the restrictions imposed by this section,
the
governor, select or standing committees of the general
assembly,
the auditor of state, the attorney general, or their
designees,
pursuant to the authority granted in this chapter and
Chapter
4121. of the Revised Code, may examine any records, claim
files,
or papers in possession of the industrial commission or
the
bureau. They also are bound by the privilege that attaches
to
these papers.
The administrator shall report to the director of job and
family services or to the county director of job and
family
services the name,
address, and social security number or other
identification
number of any person receiving workers'
compensation whose name
or social security number or other
identification number is the
same as that of a person required by
a court or child support
enforcement agency to provide support
payments to a recipient or
participant of public assistance, and
whose name is submitted to the
administrator by the director under
section 5101.36 of the
Revised Code. The administrator also shall
inform the director
of the amount of workers' compensation paid to
the person during
such period as the director specifies.
Within fourteen days after receiving from the director of
job
and family services a list of the names and social
security
numbers of
recipients or participants of public assistance
pursuant to section
5101.181 of
the Revised Code, the
administrator shall inform the auditor of
state of the name,
current or most recent address, and social
security number of each
person receiving workers' compensation
pursuant to this chapter
whose name and social security number
are the same as that of a
person whose name or social security
number was submitted by the
director. The administrator
also shall inform the auditor of
state of the amount of workers'
compensation paid to the person
during such period as the
director specifies.
The bureau and its employees, except for purposes of
furnishing the auditor of state with information required by this
section, shall preserve the confidentiality of recipients or
participants of public assistance in compliance with division (A)
of
section 5101.181 of
the Revised Code.
For the purposes of this section,
"public assistance" means
medical assistance provided through the medical assistance
program
established under section 5111.01 of the Revised Code,
Ohio works
first provided under Chapter 5107. of the
Revised Code,
prevention, retention, and contingency
benefits and
services
provided
under Chapter 5108. of the Revised Code, or
disability financial
assistance
provided under Chapter 5115. of the Revised
Code, or disability medical assistance provided under Chapter 5115. of the Revised Code.
Sec. 4123.41. (A) By the first day of January of each
year, the bureau of workers' compensation shall furnish to the
county auditor of each county and the chief fiscal officer of
each taxing district in a county and of each district activity
and institution mentioned in section 4123.39 of the Revised Code
forms containing the premium rates applicable to the county,
district, district activity, or institution as an employer, on
which to report the amount of money expended by the county,
district, district activity, or institution during the previous
twelve calendar months for the services of employees under this
chapter.
(B) Each county auditor and each fiscal officer of a
district, district activity, and institution shall calculate on
the form it receives from the bureau under division (A) of this
section the premium due as its proper contribution to the public
insurance fund and issue his a warrant in favor of the bureau
for the amount due from the county, district, district activity, or
institution to the public insurance fund according to the
following schedule:
(1) On or before the fifteenth day of May of each year, no
less than forty-five per cent of the amount due;
(2) On or before the first day of September of each year,
no less than the total amount due.
The legislative body of any county, district, district
activity, or institution may reimburse the fund from which the
contribution is made by transferring to the fund from any other
fund of the county, district, district activity, or institution,
the proportionate amount of the contribution that should be
chargeable to the fund, whether the fund is derived from taxation
or otherwise. The proportionate amount of the contribution chargeable to the fund may be based on payroll, relative exposure, relative loss experience, or any combination of these factors, as determined by the legislative body. A transfer made pursuant to division (B)(2) of this section is not subject to section 5705.16 of the Revised Code.
(C) The bureau may investigate the correctness of the
information provided by the county auditor and chief fiscal
officer under division (B) of this section, and if the bureau
determines at any time that the county, district, district
activity, or institution has not reported the correct
information, the administrator of workers' compensation may make
deductions or additions as the facts warrant and take those facts
into consideration in determining the current or future
contributions to be made by the county, district, district
activity, or institution. If the county, district, district
activity, or institution does not furnish the report in the time
required by this section, the administrator may fix the amount of
contribution the county, district, district activity, or
institution must make and certify that amount for payment.
(D) The administrator shall provide a discount to any
county, district, district activity, or institution that pays its
total amount due to the public insurance fund on or before the
fifteenth day of May of each year as its proper contribution for
premiums. The administrator shall base the discount provided
under this division on the savings generated by the early payment
to the public insurance fund. The administrator may provide the
discount through a refund to the county, district, district
activity, or institution or an offset against the future
contributions due to the public insurance fund from the county,
district, district activity, or institution.
(E) The administrator may impose an interest penalty for
late payment of any amount due from a county, district, district
activity, and institution at the interest rate established by the
state tax commissioner pursuant to section 5703.47 of the Revised
Code.
Sec. 4141.04. The director of job
and family services
shall maintain or ensure the
existence of public employment offices
that are free to the general public. These offices shall exist in such
number and in such places as are necessary for the proper
administration of this chapter, to perform such duties as are within the
purview
of the act
of congress entitled "an act to provide for the establishment of
a national employment system and for cooperation with the states
in the promotion of such system, and for other purposes,"
approved June 6, 1933, as amended, which is known as the
"Wagner-Peyser Act." The director shall
cooperate with any official or agency of the United States having
powers or duties under that act of congress and shall do
and
perform all things necessary to secure to this state the benefits
of that act of congress in the promotion and maintenance of
a
system of public employment offices. That act of congress
is
hereby accepted by this state, in conformity with that act of congress and
Title III of the "Social Security
Act," and the "Federal Unemployment Tax
Act," 26 U.S.C.A. 3301, as amended, and this state will
observe and comply with the requirements thereof. The department of job and
family services is hereby
designated and constituted the
agency of this state for the purposes of that act of
congress.
The director
may
cooperate with or enter into agreements with the railroad
retirement board with respect to the establishment, maintenance,
and use of employment service facilities that are free to the
general public.
All moneys received by this state under the act of
congress known as the Wagner-Peyser Act
shall be
paid deposited into the state treasury to the credit of the special employment service
account in the unemployment compensation administration federal operating fund, which is hereby created. Those moneys are hereby made available to the director to be
expended as provided by this
section and
by that act of congress. For the purpose of establishing
and
maintaining public employment offices that are free to the
general public, the director may
enter into agreements with the railroad retirement board or any
other agency of the United States charged with the administration
of an unemployment compensation law, with any political
subdivision of this state, or with any private, nonprofit
organization and as a part of any such agreement the
director may accept moneys, services, or quarters
as a
contribution to the employment service account.
The director shall maintain labor market information and employment
statistics as necessary for the administration of this chapter.
The director
shall appoint an
employee of the department
to serve as an ex officio member of the governor's council to
maintain a liaison between the
department and
the governor's council on people with disabilities.
Sec. 4141.09. (A) There is hereby created an unemployment
compensation fund to be administered by the state without
liability on the part of the state beyond the amounts paid into
the fund and earned by the fund. The unemployment compensation
fund shall consist of all contributions, payments in lieu of
contributions described in sections 4141.241 and 4141.242 of the
Revised Code, reimbursements of the federal share of extended
benefits described in section 4141.301 of the Revised Code,
collected under sections 4141.01 to 4141.46 of the Revised Code,
together with all interest earned upon any moneys deposited with
the secretary of the treasury of the United States to the credit
of the account of this state in the unemployment trust fund
established and maintained pursuant to section 904 of the
"Social
Security Act," any property or securities acquired through the
use
of moneys belonging to the fund, and all earnings of such
property
or securities. The unemployment compensation fund shall
be used
to pay benefits and refunds as provided by such sections
and for
no other purpose.
(B) The treasurer of state shall be the custodian of the
unemployment compensation fund and shall administer such fund in
accordance with the directions of the director of
job and family
services. All
disbursements therefrom shall be
paid by the
treasurer of state on warrants drawn by the
director. Such
warrants may bear the facsimile
signature of
the director printed
thereon and that of a deputy
or other
employee of the director
charged with the duty of
keeping
the account of the unemployment
compensation fund and with the
preparation of warrants for the
payment of benefits to the
persons entitled thereto. Moneys in
the clearing and benefit
accounts shall not be commingled with
other state funds, except
as provided in division (C) of this
section, but shall be
maintained in separate accounts on the books
of the depositary
bank. Such money shall be secured by the
depositary bank to the
same extent and in the same manner as
required by sections 135.01
to 135.21 of the Revised Code; and
collateral pledged for this
purpose shall be kept separate and
distinct from any collateral
pledged to secure other funds of this
state. All sums recovered
for losses sustained by the
unemployment compensation fund shall
be deposited therein. The
treasurer of state shall be liable on
the treasurer's official
bond for the faithful performance of
the treasurer's duties in
connection with the unemployment compensation fund, such
liability
to exist in addition to any liability upon any separate
bond.
(C) The treasurer of state shall maintain within the
unemployment compensation fund three separate accounts which
shall
be a clearing account, an unemployment trust fund account,
and a
benefit account. All moneys payable to the unemployment
compensation fund, upon receipt thereof by the
director,
shall be
forwarded to the treasurer of state, who shall
immediately deposit
them in the clearing account. Refunds of
contributions, or
payments in lieu of contributions, payable
pursuant to division
(E) of this section may be paid from the
clearing account upon
warrants signed by a deputy or other
employee of the director
charged with the duty of
keeping
the record of the clearing
account and with the preparation of
warrants for the payment of
refunds to persons entitled thereto.
After clearance thereof, all
moneys in the clearing account shall
be deposited with the
secretary of the treasury of the United
States to the credit of
the account of this state in the
unemployment trust fund
established and maintained pursuant to
section 904 of the
"Social
Security Act," in accordance with
requirements of the
"Federal
Unemployment Tax Act," 53 Stat. 183
(1939), 26 U.S.C.A. 3301,
3304(a)(3), any law in this state relating
to
the deposit,
administration, release, or disbursement of moneys
in the
possession or custody of this state to the contrary
notwithstanding. The benefit account shall consist of all moneys
requisitioned from this state's account in the unemployment trust
fund. Federal funds, other than funds received by the
director
under divisions (I) and (J) of this section,
received for payment
of federal benefits may
be deposited into the benefit account
solely for payment of
benefits under a federal program
administered by this state. Moneys so
requisitioned shall be used
solely for the payment of
benefits and for no other purpose.
Moneys in the clearing and
benefit accounts may be deposited by
the treasurer of state,
under the direction of the director, in
any bank
or public
depositary in which general funds of the state
may be deposited,
but no public deposit insurance charge or
premium shall be paid
out of the fund.
(D) Moneys shall be requisitioned from this state's
account
in the unemployment trust fund solely for the payment of
benefits
and in accordance with regulations prescribed by the
director.
The
director shall requisition from the
unemployment trust fund
such
amounts, not exceeding the amount
standing to this state's
account
therein, as are deemed necessary
for the payment of
benefits for a
reasonable future period. Upon
receipt thereof,
the treasurer of
state shall deposit such moneys
in the benefit
account.
Expenditures of such money in the
benefit account and
refunds from
the clearing account shall not
require specific
appropriations or
other formal release by state
officers of money
in their custody.
Any balance of moneys
requisitioned from the
unemployment trust
fund which remains
unclaimed or unpaid in the
benefit account
after the expiration
of the period for which such
sums were
requisitioned shall either
be deducted from estimates
for and may
be utilized for the
payment of benefits during
succeeding periods,
or, in the
discretion of the director, shall
be redeposited
with
the
secretary of the treasury of the United
States to the credit
of
this state's account in the unemployment
trust fund, as
provided
in division (C) of this section.
Unclaimed or unpaid
federal
funds redeposited with the secretary
of the treasury of
the
United States shall be credited to the
appropriate federal
account.
(E) No claim for an adjustment or a refund on
contribution,
payment in lieu of contributions, interest, or
forfeiture alleged
to have been erroneously or illegally assessed
or collected, or
alleged to have been collected without
authority, and no claim for
an adjustment or a refund of any sum
alleged to have been
excessive or in any manner wrongfully
collected shall be allowed
unless an application, in writing,
therefor is made within four
years from the date on which such
payment was made. If the
director
determins
determines that
such
contribution, payment in lieu of
contributions,
intrest
interest, or
forfeiture, or any portion
tereof
thereof, was
erroneously collected,
the director shall allow such employer to
make an
adjustment
thereof without interest in connection with
subsequent
contribution payments, or payments in lieu of
contributions, by
the employer, or the director may refund said
amount, without
interest, from the clearing account of the
unemployment
compensation fund, except as provided in division (B)
of section
4141.11 of the Revised Code. For like cause and within
the same
period, adjustment or refund may be so made on the
director's own initiative. An overpayment of
contribution,
payment in lieu of contributions, interest, or forfeiture for
which an employer has not made application for refund prior to
the
date of sale of the employer's business shall accrue to
the
employer's successor in
interest.
An application for an adjustment or a refund, or any
portion
thereof, that is rejected is binding upon the employer
unless,
within thirty days after the mailing of a written notice
of
rejection to the employer's last known address, or, in the
absence
of mailing of such notice, within thirty days after the
delivery
of such notice, the employer files an application for a
review and
redetermination setting forth the reasons therefor.
The director
shall promptly examine the
application for
review and
redetermination, and if a review is granted, the
employer shall be
promptly notified thereof, and shall be granted
an opportunity for
a prompt hearing.
(F) If the director finds that contributions have
been paid
to the director in
error, and that
such contributions should have
been paid to a department of
another state or of the United States
charged with the
administration of an unemployment compensation
law, the
director may upon request by such department or
upon the
director's own
initiative transfer to such department the amount
of such
contributions, less any benefits paid to claimants whose
wages
were the basis for such contributions. The
director may
request and receive from such department any contributions or
adjusted contributions paid in error to such department which
should have been paid to the director.
(G) In accordance with section 303(c)(3) of the Social
Security Act, and section 3304(a)(17) of the Internal Revenue
Code
of 1954 for continuing certification of Ohio unemployment
compensation laws for administrative grants and for tax credits,
any interest required to be paid on advances under Title XII of
the Social Security Act shall be paid in a timely manner and
shall
not be paid, directly or indirectly, by an equivalent
reduction in
the Ohio unemployment taxes or otherwise, by the
state from
amounts in the unemployment compensation fund.
(H) The treasurer of state, under the direction of the
director and in accordance with the
"Cash
Management
Improvement
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503,
shall deposit
amounts of interest earned by the state on funds in
the benefit
account established pursuant to division (C) of this
section into
the department of job
and family
services banking fees fund,
which
is hereby created in the state treasury for the purpose of
paying
related banking costs incurred by the state for the period
for
which the interest is calculated, except that if the
deposited
interest exceeds the banking costs incurred by the
state for the
period for which the interest is calculated, the
treasurer of
state shall deposit the excess interest into the
unemployment
trust fund.
(I) The treasurer of state, under the direction of
the
director, shall deposit federal funds received
by the
director for the payment of benefits, job search, relocation, transportation, and subsistence allowances
pursuant to the
"Trade Act of 1974," 88
Stat. 1978, 19 U.S.C.A.
2101, as amended,; the "North American Free Trade Implementation Act of 1993," 107 Stat. 2057, 19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A. 3801, as amended, into the
Trade Act benefit account, which is hereby
created
for the purpose of paying for benefits, training, and
support
services making payments specified under that act those acts.
(J) The treasurer of state, under the direction of
the
director, shall deposit federal funds received by
the
director for training and administration
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, as amended; the
"North American Free
Trade Agreement
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A. 3801, as amended, into
the North
American Free Trade Act training and administration account, which
is hereby created for
the purpose of paying for benefits, training, and
support services making payments specified
under that act those acts.
Sec. 4141.23. (A) Contributions shall accrue and become
payable by each employer for each calendar year or other period
as prescribed by this chapter. Such contributions become due and
shall be paid by each employer to the director of
job and family services for the unemployment
compensation fund in accordance
with such regulations as the director prescribes, and shall not be
deducted,
in whole or in part, from the remuneration of individuals in the
employer's employ.
In the payment of any contributions, a fractional part of a
dollar may be disregarded unless it amounts to fifty cents or
more, in which case it may be increased to the next higher
dollar.
(B)(1) Any contribution or payment in lieu of
contribution, due from an employer on or before December 31,
1992, shall, if not paid when due, bear interest at the rate of
ten per cent per annum. In such computation any fraction of a
month shall be considered as a full month.
(2) Any contribution, payment in lieu of contribution,
interest, forfeiture, or fine due from an employer on or after
January 1, 1993, shall, if not paid when due, bear interest at
the annual rate of fourteen per cent compounded monthly on the
aggregate receivable balance due. In such computation any
fraction of a month shall be considered as a full month.
(C) The director may waive the interest assessed
under division (B)(2) of this section if the employer meets all
of the following conditions within thirty days after the date the
director mails or delivers the notice of
assessment of
interest:
(1) Provides to the director a written request
for a
waiver of interest clearly demonstrating that the employer's
failure to
timely pay contributions, payments in lieu of contributions,
interest, forfeiture, and fines was a result of circumstances
beyond the control of the employer or the employer's agent,
except that
negligence on the part of the employer or the employer's
agent shall not be
considered beyond the control of the employer or the
employer's agent;
(2) Furnishes to the director all quarterly
reports
required under section 4141.20 of the Revised Code;
(3) Pays in full all contributions, payments in lieu of
contributions, interest, forfeiture, and fines for each quarter
for which such payments are due.
The director shall deny an employer's request for
a
waiver of interest after finding that the employer's
failure to
timely furnish reports or make payments as required under this
chapter was due to an attempt to evade payment.
(D) Any contribution, interest, forfeiture, or fine
required to be paid under this chapter by any employer shall, if
not paid when due, become a lien upon the real and personal
property of such employer. Upon failure of such employer to pay
the contributions, interest, forfeiture, or fine required to be
paid under this chapter, the director shall file
notice of
such lien, for which there shall be no charge, in the office of
the county recorder of the county in which it is ascertained that
such employer owns real estate or personal property. The
director shall notify the employer by mail of the
lien. The
absence of proof that the notice was sent does not affect the
validity of the lien. Such lien shall not be valid as against
the claim of any mortgagee, pledgee, purchaser, judgment
creditor, or other lienholder of record at the time such notice
is filed.
If the employer acquires real or personal property after
notice of lien is filed, such lien shall not be valid as against
the claim of any mortgagee, pledgee, subsequent bona fide
purchaser for value, judgment creditor, or other lienholder of
record to such after-acquired property, unless the notice of lien
is refiled after such property was acquired by the employer and
before the competing lien attached to such after-acquired
property or before the conveyance to such subsequent bona fide
purchaser for value.
Such notice shall be recorded in a book kept by the
recorder called the "unemployment compensation lien record" and
indexed therein in an alphabetical index under the name of such
employer. When such unpaid contributions, interest, forfeiture,
or fines have been paid, the employer may record with the
recorder of the county in which such notice of lien has been
filed and recorded, notice of such payment. For recording such the
notice of payment the recorder shall charge and receive from the
employer a base fee of two dollars for services and a housing trust fund fee of two dollars pursuant to section 317.36 of the Revised Code.
(E) Notwithstanding other provisions in this section, the director may
reduce, in whole or in part, the amount of interest, forfeiture, or fines
required to be paid under this chapter if the director determines that the
reduction is in the best interest of the unemployment compensation fund.
(F) Assessment of contributions shall not be made after
four years from the date on which such contributions became
payable, and no action in court for the collection of
contributions without assessment of such contributions shall be
begun after the expiration of five years from the date such
contributions became payable. In case of a false or fraudulent
report or of a willful attempt in any manner to evade
contributions, such contributions may be assessed or a proceeding
in court for the collection of such contributions may be begun
without assessment at any time. When the assessment of
contributions has been made within such four-year period
provided, action in court to collect such contributions may be
begun within, but not later than, six years after such
assessment.
(G) In the event of a distribution of an employer's
assets, pursuant to an order of any court under the law of this
state, including any receivership, assignment for benefit of
creditors, adjudicated insolvency, or similar proceedings,
contributions, interest, forfeiture, or fine then or thereafter
due have the same priority as provided by law for the payment of
taxes due the state and shall be paid out of the trust fund in
the same manner as provided for other claims for unpaid taxes due
the state.
(H) If the attorney general finds after investigation that
any claim for delinquent contributions, interest, forfeitures, or
fines owing to the director is uncollectible, in whole or
in part,
the attorney general shall recommend to the
director the
cancellation of such
claim or any part thereof. The director may
thereupon
effect such cancellation.
Sec. 4301.12. The division of liquor control shall
provide
for the custody, safekeeping, and deposit of all moneys,
checks,
and drafts received by it or any of its employees or
agents prior
to paying them to the treasurer of state as provided
by section
113.08 of the Revised Code.
A sum equal to three six dollars and thirty-eight seventy-six cents for
each
gallon of spirituous liquor sold by the division during
the period
covered by the payment shall be paid into the state
treasury to
the credit of the general revenue fund. All moneys
received from
permit fees shall be paid to the credit of the
undivided liquor
permit fund established by section 4301.30 of
the Revised Code.
Except as otherwise provided by law, all moneys collected
under Chapters 4301. and 4303. of the Revised Code shall be paid
by the division into the state treasury to the credit of the
liquor control fund, which is hereby created. Amounts in the
liquor
control fund may be used to pay the operating expenses of
the liquor control
commission.
Whenever, in the judgment of the director of budget and
management, the amount in
the liquor control fund is in excess of
that
needed
to meet the maturing obligations of the division, as
working
capital
for its further operations, to pay the operating
expenses of the
commission, and
for the alcohol
testing program
under section 3701.143 of the Revised Code, the
director shall
transfer the
excess to the
credit of the general revenue fund.
Sec. 4301.30. All fees collected by the division of
liquor control shall be deposited in the state treasury to the
credit of the undivided liquor permit fund, which is hereby
created, at the time prescribed under section 4301.12 of the
Revised Code. Each payment shall be accompanied by a statement
showing separately the amount collected for each class of permits
in each municipal corporation and in each township outside the
limits of any municipal corporation in such township. An amount
equal to fifty dollars for each fee received for a D-2 permit,
which is not placed in operation immediately upon a D-3 permit
premises, and twenty-five dollars for each fee received for a C-2
permit, shall be paid from the undivided liquor permit fund into
the general revenue fund.
Prior to the fees received for a D-2 permit, which is not
in operation immediately upon a D-3 permit premises, and a C-2
permit being paid into the general revenue fund, an amount equal
to twenty-one thirty-two and one-half per cent of the undivided liquor permit fund shall
be paid into the statewide
treatment and prevention fund, which is
hereby created in the state treasury. This amount shall be
appropriated by the general assembly, together with an amount
equal to one and one-half per cent of the gross profit of the
department of liquor control derived under division (B)(4) of
section 4301.10 of the Revised Code, to the department of alcohol
and drug addiction services. In planning for the allocation of
and in allocating these amounts for the purposes of Chapter 3793.
of the Revised Code, the department of alcohol and drug addiction
services shall comply with the nondiscrimination provisions of
Title VI of the Civil Rights Act of 1964, and any rules adopted
thereunder.
The moneys remaining in the undivided liquor permit fund
shall be distributed by the superintendent of liquor
control at
quarterly calendar periods as follows:
(A) To each municipal corporation, the aggregate amount
shown by the statements to have been collected from permits
therein, for the use of the general fund of the municipal
corporation;
(B) To each township, the aggregate amount shown by the
statements to have been collected from permits in its territory,
outside the limits of any municipal corporation located therein,
for the use of the general fund of the township, or for fire
protection purposes, including buildings and equipment in the
township or in an established fire district within the township,
to the extent that the funds are derived from liquor permits
within the territory comprising such fire district.
For the purpose of the distribution required by this
section, E, H, and D permits covering boats or vessels are deemed
to have been issued in the municipal corporation or township
wherein the owner or operator of the vehicle, boat, vessel, or
dining car equipment to which the permit relates has the owner's
or operator's
principal office or place of business within the state.
Such distributions are subject to diminutions for refunds
as prescribed in section 4301.41 of the Revised Code. If the
liquor control commission is of the opinion that the police or
other officers of any municipal corporation or township entitled
to share in such distribution are refusing or culpably neglecting
to enforce this chapter and Chapter 4303. of the Revised Code, or
the penal laws of this state relating to the manufacture,
importation, transportation, distribution, and sale of beer and
intoxicating liquors, or if the prosecuting officer of a
municipal corporation or the municipal court thereof fails to
comply with the request of the commission authorized by division
(A)(4) of section 4301.10 of the Revised Code, the commission
by certified mail may notify the chief executive
officer of the
municipal corporation or the board of township trustees of the
township of such failure and require the immediate cooperation of
the responsible officers of the municipal corporation or township
with the division of liquor control in the
enforcement of such
chapters and such penal laws. Within thirty days after the
notice is served, the commission shall determine whether or not
the requirement has been complied with. If the commission
determines that the requirement has not been complied with, it
may issue an order to the
superintendent to withhold
the distributive share of the municipal corporation or township
until further order of the commission. This action of the
commission is reviewable within thirty days thereafter in the
court of common pleas of Franklin county.
Sec. 4301.42. For the purpose of providing revenue for the
support of the state, a tax is hereby levied on the sale of beer
in sealed
bottles and cans having twelve ounces or less of liquid
content,
at the rate of fourteen twenty-eight one-hundredths of one cent on
each ounce
of liquid content or fractional part
of each ounce of
liquid
content, and on such
containers in excess of twelve ounces,
at the rate of eighty-four one cent and sixty-eight
one-hundredths of one cent on each six
ounces of liquid content
or fractional part
of each six
ounces of
liquid content.
Sections 4307.01 to 4307.12 of the
Revised Code
apply in the administration of
that tax.
Manufacturers,
bottlers, and canners of and wholesale dealers in
beer have
the
duty to pay the tax imposed by this section and are entitled
to
the privileges in the manner provided in section 4303.33 of
the
Revised Code.
Sec. 4301.43. (A) As used in sections 4301.43 to
4301.50 of
the Revised Code:
(1)
"Gallon" or
"wine gallon" means one
hundred twenty-eight
fluid ounces.
(2)
"Sale" or
"sell" includes exchange, barter,
gift,
distribution, and, except with respect to A-4 permit holders,
offer for sale.
(B) For the purposes of providing revenues for the
support
of the state and encouraging the grape industries in the state, a
tax is hereby levied on the sale or distribution of wine in Ohio,
except for known sacramental purposes, at the rate of thirty sixty
cents
per wine gallon for wine containing not less than four per
cent of
alcohol by volume and not more than fourteen per cent of
alcohol
by volume, ninety-eight one dollar and ninety-six cents per wine gallon for wine
containing
more than fourteen per cent but not more than
twenty-one per cent
of alcohol by volume, one dollar two dollars and eight sixteen
cents per wine gallon
for vermouth, and one dollar two dollars and
forty-eight ninety-six cents per wine gallon
for sparkling and carbonated
wine and champagne, the tax to be
paid by the holders of A-2 and
B-5 permits or by any other person
selling or distributing wine
upon which no tax has been paid.
From
the tax paid under
this section on wine, vermouth, and
sparkling
and carbonated wine
and champagne, the treasurer of
state shall
credit to the Ohio
grape industries fund created under
section
924.54 of the Revised
Code a sum equal to one cent per
gallon for
each gallon upon
which the tax is paid.
(C) For the purpose of providing revenues for the support of
the state, there is hereby levied a tax on prepared and bottled
highballs, cocktails, cordials, and other mixed beverages at the
rate of one dollar two dollars and twenty forty cents per wine gallon to be paid by
holders of A-4 permits or by any other person selling or
distributing those products upon which no tax has been paid. Only
one sale of the same article shall be used in computing the
amount
of tax due. The tax on mixed beverages to be paid by
holders of
A-4 permits under this section shall not attach until
the
ownership of the mixed beverage is transferred for valuable
consideration to a wholesaler or retailer, and no payment of the
tax shall be
required prior to that time.
(D) During the period
of July 1,
2001,
through June 30,
2003, from the tax paid under this section
on wine, vermouth, and
sparkling and carbonated wine and
champagne, the
treasurer of
state shall credit to the Ohio grape
industries fund created under
section 924.54 of the Revised Code a
sum equal to two cents per
gallon upon
which the tax is paid. The
amount credited under this
division is in addition
to the amount
credited to the Ohio grape
industries fund under division (B) of
this section.
(E) For the purpose of providing revenues for the support of
the
state, there
is hereby levied a tax on cider at the rate of
twenty-four forty-eight cents per wine
gallon to be paid by the holders of A-2
and B-5 permits or
by any other person selling or distributing
cider upon which no tax has been
paid. Only one sale of the same
article shall be used in computing the amount
of the tax due.
Sec. 4303.02. Permit A-1 may be issued to a manufacturer to
manufacture
beer and sell
beer
products in bottles or
containers
for home use
and to retail and
wholesale permit holders under
rules
promulgated
by
the division of liquor control. The fee for
this permit is three
thousand
one nine hundred twenty-five six dollars for
each plant during the
year covered by the
permit.
Sec. 4303.021. Permit A-1-A may be issued to the holder of
an A-1 or A-2 permit to sell beer and any intoxicating liquor at
retail, only by the individual drink in glass or from a
container,
provided such A-1-A permit premises are situated on
the same
parcel or tract of land as the related A-1 or A-2
manufacturing
permit premises or are separated therefrom only by
public streets
or highways or by other lands owned by the holder
of the A-1 or
A-2 permit and used by the holder in
connection with or in
promotion of the holder's A-1 or A-2 permit business. The
fee for
this
permit is three thousand one nine hundred twenty-five six dollars.
The
holder of an A-1-A permit may sell beer and any intoxicating
liquor during the same hours as the holders of D-5 permits under
this chapter or Chapter 4301. of the Revised Code or the rules of
the liquor control commission and shall obtain a
license
as a
retail food establishment or a food service operation
pursuant to
Chapter 3717. of the Revised
Code
and
operate as a restaurant for
purposes of this chapter.
Except as otherwise provided in this section, no new A-1-A
permit shall be issued to the holder of an A-1 or A-2 permit
unless the sale of beer and intoxicating liquor under class D
permits is permitted in the precinct in which
the A-1
or A-2
permit is located and, in the case of an A-2 permit,
unless the
holder of the A-2 permit manufactures or has a storage
capacity of
at least twenty-five thousand gallons of wine per
year. The
immediately preceding sentence does not prohibit the
issuance of
an A-1-A permit to an applicant for such a permit who
is the
holder of an A-1 permit and whose application was filed
with the
division of liquor control before June 1,
1994. The
liquor
control commission shall not restrict the number of A-1-A
permits
which may be located within a precinct.
Sec. 4303.03. Permit A-2 may be
issued to a manufacturer to manufacture wine from grapes or other
fruits grown in the state, if obtainable, otherwise to import
such fruits after submitting an affidavit of nonavailability to
the division of liquor control; to import and
purchase wine in
bond for blending purposes, the total amount of wine so imported
during the year covered by the permit not to exceed forty per
cent of all the wine manufactured and imported; to manufacture,
purchase, and import brandy for fortifying purposes; and to sell
such products either in glass or container for consumption on the
premises where manufactured, for home use, and to retail and
wholesale permit holders under such rules as are adopted by the
division.
The fee for this permit is
sixty-three one hundred twenty-six dollars for each plant producing one hundred wine
barrels, of fifty gallons each, or less annually. Such This initial
fee shall be increased at the rate of ten cents per such barrel
for all wine manufactured in excess of one hundred barrels during
the year covered by the permit.
Sec. 4303.04. Permit A-3 may be issued to a manufacturer to manufacture
alcohol and spirituous liquor and sell such products to the
division of
liquor control or to the holders of a like permit or to the holders of A-4
permits for blending or manufacturing purposes; to import alcohol into this
state upon such terms as are prescribed by the
division; to sell alcohol to
manufacturers, hospitals, infirmaries, medical or educational institutions
using it for medicinal, mechanical, chemical, or scientific purposes, and to
holders of I permits; to import into this state spirituous liquor and wine
for blending or other manufacturing purposes; and to export spirituous liquor
from this state for sale outside the state.
The fee for this permit is three thousand one nine hundred twenty-five six dollars for
each plant; but, if a plant's production capacity is less than five hundred
wine barrels of fifty gallons each, annually, the fee is two dollars per
barrel.
Sec. 4303.05. Permit A-4 may be
issued to a manufacturer to manufacture prepared highballs,
cocktails, cordials, and other mixed drinks containing not less
than four per cent of alcohol by volume and not more than
twenty-one per cent of alcohol by volume, and to sell such
products to wholesale and retail permit holders in sealed
containers only under such rules as are adopted by the
division
of liquor control. The holder of such permit may import into the
state spirituous liquor and wine only for blending or other
manufacturing purposes under such rules as are prescribed by the
division.
The holder of such permit may
also purchase spirituous liquor for manufacturing and blending
purposes from the holder of an A-3 permit issued by the
division. The formulas and the beverages
manufactured by the
holder of an A-4 permit must shall be submitted to the
division for
its analysis and approval before such the beverages may be sold to or
distributed in this state by holders of retail and wholesale
permits. All labels and advertising matter used by the holders
of such A-4 permits must shall be approved by the division
before they
may be used in this state. The fee for this an A-4 permit is three
thousand one nine hundred twenty-five six dollars for each plant.
Sec. 4303.06. Permit B-1 may be issued to a wholesale
distributor of beer to
purchase from the holders of A-1 permits
and to import and distribute or sell
beer for home use and to
retail permit holders
under
rules
adopted by the division of
liquor
control. The
fee for
this permit is two three thousand five one
hundred twenty-five dollars for each
distributing plant
or warehouse during
the year covered by the
permit.
Sec. 4303.07. Permit B-2 may be issued to a wholesale
distributor of wine to
purchase from holders of A-2 and B-5
permits and distribute or sell such
product, in the original
container in which it was placed by the B-5 permit
holder or
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,
D-5h, D-5i,
D-5j,
D-5k, and
E
permit holders, and for home use.
The fee for this permit is two five hundred
fifty dollars for each
distributing plant or warehouse. The initial fee shall
be
increased ten cents per wine barrel of fifty gallons for all wine
distributed and sold in this state in excess of twelve hundred
fifty such
barrels during the year covered by the permit.
Sec. 4303.08. Permit B-3 may be issued to a wholesale distributor of wine to
bottle, distribute, or sell sacramental wine for religious rites upon an
application signed, dated, and approved as required by section 4301.23 of the
Revised Code. The fee for this permit is sixty-two one hundred twenty-four dollars.
Sec. 4303.09. Permit B-4 may be
issued to a wholesale distributor to purchase from the holders of
A-4 permits and to import, distribute, and sell prepared and
bottled highballs, cocktails, cordials, and other mixed beverages
containing not less than four per cent of alcohol by volume and
not more than twenty-one per cent of alcohol by volume to retail
permit holders, and for home use, under such rules as are adopted
by the division of liquor control. The formula and
samples of
all such beverages to be handled by the permit holder must shall be
submitted to the division for analysis and the
approval of the
division before such beverages may be sold and
distributed in
this state. All labels and advertising matter used by the
holders of such permits must this permit shall be approved by the
division before
they may be used in this state. The fee for this permit shall be
computed on the basis of annual sales, and the initial fee is two five
hundred fifty dollars for each distributing plant or warehouse.
Such The initial fee shall be increased at the rate of ten cents per
wine barrel of fifty gallons for all such beverages distributed
and sold in this state in excess of one thousand such barrels
during the year covered by the permit.
Sec. 4303.10. Permit B-5 may be issued to a wholesale
distributor of wine to
purchase wine from the holders of A-2
permits, to purchase and import wine in
bond or otherwise, in bulk
or in containers of any size, and to bottle wine
for distribution
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3,
D-4,
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,
D-5j,
D-5k, and E
permits and for home use in sealed containers.
No wine shall be bottled by a
B-5 permit holder in containers
supplied by any person who intends the wine
for home use. The fee
for this permit is one thousand two five hundred fifty sixty-three
dollars.
Sec. 4303.11. Permit C-1 may be issued to the owner or operator of a retail
store to sell beer in containers and not for consumption on the premises where
sold in original containers having a capacity of not more than five and
one-sixth gallons. The fee for this permit is one two hundred twenty-six fifty-two dollars
for each location.
Sec. 4303.12. Permit C-2 may be issued to the owner or operator of a retail
store to sell wine in sealed containers only and not for consumption on the
premises where sold in original containers. The holder of such this permit may
also sell and distribute in original packages and not for consumption on the
premises where sold or for resale, prepared and bottled highballs, cocktails,
cordials, and other mixed beverages manufactured and distributed by holders of
A-4 and B-4 permits, and containing not less than four per cent of alcohol by
volume, and not more than twenty-one per cent of alcohol by volume. The fee
for this permit is one three hundred eighty-eight seventy-six dollars for each location.
Sec. 4303.121. Effective October 1, 1982, permit C-2x shall be issued to the
holder of a C-2 permit who does not also hold a C-1 permit, to sell beer only
not for consumption on the premises where sold, in original containers having
a capacity of not more than five and one-sixth gallons. Applicants for a C-2
permit as of October 1, 1982 shall be issued a C-2x permit subject to the
restrictions for the issuance of the C-2 permit. The fee for a C-2x permit is
one two hundred twenty-six fifty-two dollars.
Sec. 4303.13. Permit D-1
may be issued to the owner or
operator of a hotel or,
of a retail food establishment
or a food
service operation
licensed pursuant to
Chapter 3717. of the
Revised Code
that operates as a restaurant
for purposes of this
chapter, or of a
club, amusement park,
drugstore, lunch stand,
boat, or vessel,
and shall be issued to a
person described in
division (B) of this
section, to sell beer at
retail either in
glass or container, for
consumption on the
premises where sold;
and, except as otherwise
provided in division
(B) of this section,
to sell beer at retail
in other receptacles
or in original
containers having a capacity
of not more than five
and one-sixth
gallons not for consumption
on the premises where
sold. The fee
for this permit is one three
hundred eighty-eight seventy-six dollars
for each
location, boat, or vessel.
Sec. 4303.14. Permit D-2 may be issued to the owner or
operator of a hotel or,
of a retail food establishment
or a food
service operation licensed pursuant to
Chapter 3717. of
the
Revised Code
that operates as a restaurant
for purposes of this
chapter, or of a
club, boat, or vessel, to
sell wine and prepared
and bottled cocktails,
cordials, and other
mixed beverages
manufactured and distributed by holders of
A-4 and
B-4 permits at
retail, either in glass or container, for
consumption
on the
premises where sold. The holder of such this permit
may also sell wine
and
prepared and bottled cocktails, cordials,
and other mixed
beverages in
original packages and not for
consumption on the
premises where sold or for
resale. The fee for
this permit is two five
hundred eighty-two sixty-four dollars for each
location,
boat, or vessel.
Sec. 4303.141. Effective October 1, 1982, permit D-2x shall be issued to the
holder of a D-2 permit who does not also hold a D-1 permit, to sell beer at
retail either in glass or container for consumption on the premises where sold
and to sell beer at retail in other receptacles or original containers having
a capacity of not more than five and one-sixth gallons not for consumption on
the premises where sold. Applicants for a D-2 permit as of October 1, 1982,
shall be issued a D-2x permit subject to the quota restrictions for the
issuance of the D-2 permit. The fee for a D-2x permit is one three hundred
eighty-eight seventy-six dollars.
Sec. 4303.15. Permit D-3 may be issued to the owner or
operator of a hotel or,
of a retail food establishment
or a food
service operation licensed pursuant to
Chapter 3717. of the
Revised Code
that operates as a restaurant
for purposes of this
chapter, or
of a
club, boat, or vessel, to
sell
spirituous liquor
at retail, only by the
individual drink in
glass
or from the
container, for consumption on the
premises where
sold.
No sales of
intoxicating liquor shall be made by a
holder of
a D-3
permit
after one a.m. The fee for this permit is six seven
hundred
fifty dollars for
each location, boat, or vessel.
Sec. 4303.151. On October 1, 1982, permit D-3x shall be issued to the holder
of a D-3 permit, to sell wine by the individual drink in glass or from the
container, for consumption on the premises where sold. Applications for a D-3
permit on October 1, 1982, may be issued a D-3x permit subject to the quota
restrictions for the issuance of a D-3 permit. The fee for a D-3x permit is
one three hundred fifty dollars.
Sec. 4303.16. Permit D-3a may be
issued to the holder of a D-3 permit whenever his the holder's
place of
business is operated after one a.m. and spirituous liquor is sold
or consumed after such that hour. The holder of such permit may sell
spirituous liquor during the same hours as the holders of D-5
permits under this chapter and Chapter 4301. of the Revised Code
or the rules of the liquor control commission. The fee for a
D-3a permit is seven nine hundred fifty thirty-eight dollars in addition to the fee
required for a D-3 permit.
If the holder of a D-3a permit is
also the holder of a D-1 permit, he the holder may sell beer
after one a.m.
and during the same hours as the holder of a D-5 permit. If the
holder of a D-3a permit is also the holder of a D-2 permit, he the
holder
may sell intoxicating liquor after one a.m. and during the same
hours as the holder of a D-5 permit. The holder of a D-3a permit
may furnish music and entertainment to his the holder's patrons,
subject to
the same rules as govern D-5 permit holders.
Sec. 4303.17. Permit D-4 may be
issued to a club which that has been in existence for three years or
more prior to the issuance of such the permit to sell beer and any
intoxicating liquor to its members only, in glass or container,
for consumption on the premises where sold. The fee for this
permit is three four hundred seventy-five sixty-nine dollars. No such permit
shall be granted or retained until all elected officers of such
organization controlling such club have filed with the
division
of liquor control a statement certifying that such club is
operated in the interest of the membership of a reputable
organization, which is maintained by a dues paying membership,
setting forth the amount of initiation fee and yearly dues. All
such matters shall be contained in a statement signed under oath
and accompanied by a surety bond in the sum of one thousand
dollars. Such bond shall be declared forfeited in the full
amount of the penal sum of the bond for any false statement
contained in such certificate and the surety shall pay the amount
of the bond to the division. The roster of
membership of a D-4
permit holder shall be submitted under oath on the request of the
superintendent of liquor control. Any information
acquired by the
superintendent or the division
with respect to such membership shall
not be open to public inspection or examination and may be
divulged by the superintendent and the
division only in hearings
before the liquor control commission or in a court action in
which the division or the
superintendent is named a party.
The requirement that a club shall
have been in existence for three years in order to qualify for a
D-4 permit does not apply to units of organizations chartered by
congress or to a subsidiary unit of a national fraternal
organization if the parent organization has been in existence for
three years or more at the time application for a permit is made
by such unit.
No rule or order of the
division or commission shall prohibit a charitable
organization
that holds a D-4 permit from selling or serving beer or
intoxicating liquor under its permit in a portion of its premises
merely because that portion of its premises is used at other
times for the conduct of a charitable bingo game. However, such
an organization shall not sell or serve beer or intoxicating
liquor or permit beer or intoxicating liquor to be consumed or
seen in the same location in its premises where a charitable
bingo game is being conducted while the game is being conducted.
As used in this section, "charitable organization" has the same
meaning as in division (H) of section 2915.01 and "charitable
bingo game" has have the same meaning meanings as in division (R) of section
2915.01 of the Revised Code.
Sec. 4303.171. Permit D-4a may
be issued to an airline company which that leases and operates a
premises exclusively for the benefit of the members and their
guests of a private club sponsored by the airline company, at a
publicly owned airport, as defined in section 4563.01 of the
Revised Code, at which commercial airline companies operate
regularly scheduled flights on which space is available to the
public, to sell beer and any intoxicating liquor to members of
the private club and their guests, only by the individual drink
in glass and from the container, for consumption on the premises
where sold. In addition to the privileges authorized in this
section, the holder of a D-4a permit may exercise the same
privileges as a holder of a D-4 permit. The holder of a D-4a
permit shall make no sales of beer or intoxicating liquor after
two-thirty a.m.
A D-4a permit shall not be
transferred to another location. No quota restriction shall be
placed upon the number of such permits which may be issued.
The fee for this permit is six seven
hundred fifty dollars.
Sec. 4303.18. Permit D-5 may be issued to the owner or
operator of a
retail food establishment or a food service
operation licensed pursuant to Chapter 3717. of the Revised Code
that operates as a restaurant or night
club
for purposes of this
chapter, to sell beer and
any intoxicating liquor
at retail, only
by the
individual drink in
glass and from the
container, for
consumption on the
premises
where sold, and to sell
the same
products in the same manner and
amounts not for
consumption on the
premises as may be sold by
holders of D-1
and
D-2 permits. A
person who is the holder of
both a D-3 and D-3a
permit
need not
obtain a D-5 permit. The fee
for this permit is
one two thousand
eight three
hundred seventy-five forty-four
dollars.
Sec. 4303.181. (A) Permit D-5a
may be issued either to the
owner or operator of a hotel or motel that
is
required to be
licensed under section 3731.03 of the Revised Code, that contains
at least fifty rooms for
registered transient
guests,
and that
qualifies under the other requirements of this
section,
or to the
owner or operator of a restaurant specified under this
section, to
sell beer and any intoxicating liquor at retail, only
by the
individual drink in glass and from the container, for
consumption
on the premises where sold, and to registered guests
in their
rooms, which may be sold by means of a controlled access
alcohol
and beverage cabinet in accordance with division (B) of
section
4301.21 of the Revised Code; and to sell the same
products in the
same manner and amounts not for consumption on
the premises as may
be sold by holders of D-1 and D-2 permits.
The premises of the
hotel or motel shall include a
retail food
establishment or a
food service operation
licensed
pursuant to
Chapter 3717. of the
Revised Code
that operates
as a restaurant for purposes of this
chapter and that
is
affiliated with the hotel or motel and within
or contiguous to
the
hotel or motel, and that serves food within
the
hotel or motel,
but
the principal business of the owner or
operator of the hotel
or
motel shall be the accommodation of
transient guests. In
addition to the privileges authorized in
this division,
the holder
of a
D-5a permit may exercise the same
privileges as the holder of
a
D-5 permit.
The owner or operator of a hotel, motel, or restaurant who
qualified for and
held a D-5a permit on
August 4, 1976, may, if
the owner or operator held another
permit before holding a D-5a
permit, either retain a D-5a permit or apply for
the permit
formerly held, and the division of liquor
control shall issue the
permit for which the owner or operator
applies and formerly held,
notwithstanding any quota.
A D-5a permit shall not be
transferred to another location.
No quota restriction shall be
placed on the number of such permits
that may be issued.
The fee for this permit is one two
thousand eight three hundred
seventy-five forty-four dollars.
(B) Permit D-5b may be issued to
the owner, operator,
tenant, lessee, or occupant of an enclosed
shopping center to sell
beer and intoxicating liquor at retail,
only by the individual
drink in glass and from the container, for
consumption on the
premises where sold; and to sell the same
products in the same
manner and amount not for consumption on the
premises as may be
sold by holders of D-1 and D-2 permits. In
addition to the
privileges authorized in this division,
the holder
of a D-5b
permit may exercise the same privileges as a holder of
a D-5
permit.
A D-5b permit shall not be
transferred to another location.
One D-5b permit may be issued at
an enclosed shopping center
containing at least two hundred
twenty-five thousand, but less
than four hundred thousand, square
feet of floor area.
Two D-5b permits may be issued at
an enclosed shopping center
containing at least four hundred
thousand square feet of floor
area. No more than one D-5b permit
may be issued at an enclosed
shopping center for each additional
two hundred thousand square
feet of floor area or fraction
of that floor area, up to a
maximum of five D-5b permits
for each enclosed
shopping center.
The number of D-5b permits that may be issued
at an enclosed
shopping center shall be determined by subtracting
the number of
D-3 and D-5 permits issued in the enclosed shopping
center from
the number of D-5b permits that otherwise may be
issued at the
enclosed shopping center under the formulas
provided in this
division. Except as provided in this section,
no quota shall be
placed on the number of D-5b permits that may
be issued.
Notwithstanding any quota provided in this section,
the holder of
any D-5b permit first issued in accordance with
this section is
entitled to its renewal in accordance with
section 4303.271 of the
Revised Code.
The holder of a D-5b permit
issued before April 4, 1984,
whose tenancy is terminated for a
cause other than nonpayment of
rent, may return the D-5b
permit
to the division of liquor
control, and the
division shall
cancel that permit. Upon
cancellation of that permit and upon
the permit holder's payment
of taxes, contributions, premiums,
assessments, and other debts
owing or accrued upon the date of
cancellation to this state and
its political subdivisions and a
filing with the division of a
certification
of that payment, the division shall issue to that
person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as
that person
requests. The division shall issue the D-5 permit,
or
the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2,
D-3, or D-5
permits currently issued in the municipal corporation
or in the
unincorporated area of the township where that person's
proposed
premises is located equals or exceeds the maximum number
of such
permits that can be issued in that municipal corporation
or in
the unincorporated area of that township under the
population
quota restrictions contained in section 4303.29 of the
Revised
Code. Any D-1, D-2, D-3, or D-5 permit so issued shall
not
be transferred to another location. If a D-5b permit is
canceled
under the provisions of this paragraph, the number of
D-5b
permits that may be issued at the enclosed shopping center
for
which the D-5b permit was issued, under the formula provided
in
this division, shall be reduced by one if the enclosed shopping
center was entitled to more than one D-5b permit under the
formula.
The fee for this permit is one two
thousand eight three hundred
seventy-five forty-four dollars.
(C) Permit D-5c may be issued
to the owner or
operator of a
retail food establishment or a
food service operation licensed
pursuant
to
Chapter 3717. of the Revised Code
that operates as a
restaurant
for purposes of this chapter
and that
qualifies under
the other
requirements of this section to sell beer and any
intoxicating
liquor at retail, only by the individual drink in
glass and from
the container, for consumption on the premises
where sold, and to
sell the same products in the same manner and
amounts not for
consumption on the premises as may be sold by
holders of D-1 and
D-2 permits. In addition to the privileges
authorized in this
division, the holder of a D-5c permit
may
exercise the
same
privileges as the holder of a D-5 permit.
To qualify for a D-5c permit, the
owner or operator of a
retail food establishment or a food service
operation licensed
pursuant to
Chapter 3717. of
the
Revised Code
that operates as a
restaurant for purposes of
this chapter, shall have operated the
restaurant at
the proposed
premises for not less than twenty-four
consecutive
months
immediately preceding the filing of the
application
for the
permit, have applied for a D-5 permit no later
than
December 31,
1988, and appear on the division's quota waiting
list for not
less
than six months
immediately preceding the filing
of the
application for the
permit. In
addition to these
requirements,
the proposed D-5c permit premises
shall be located
within a
municipal corporation and further
within
an election
precinct
that, at the time of the
application, has
no more than
twenty-five per cent of its total land area zoned
for residential
use.
A D-5c permit shall not be
transferred to another location.
No quota restriction shall be
placed on the number of such permits
that may be issued.
Any person who has held a D-5c
permit for at least two years
may apply for a D-5 permit, and the
division of liquor control
shall issue the D-5 permit
notwithstanding the quota restrictions
contained in section
4303.29 of the Revised Code or in any rule of
the liquor control
commission.
The fee for this permit is one
thousand two five hundred fifty sixty-three
dollars.
(D) Permit D-5d may be issued to
the owner or
operator of a
retail food establishment or a
food service operation licensed
pursuant to
Chapter 3717. of the Revised Code
that operates as a
restaurant
for purposes of this chapter and
that is located at an
airport
operated by
a board of county commissioners pursuant to
section
307.20 of the
Revised Code, at an airport operated by a port authority pursuant to Chapter 4582. of the Revised Code, or at an airport operated by a
regional
airport
authority pursuant to Chapter 308. of the
Revised
Code.
The
holder
of a D-5d permit may sell beer and any
intoxicating liquor
at
retail, only by the individual drink in
glass and from the
container, for consumption on the premises
where sold, and may
sell the same products in the same manner and
amounts not for
consumption on the premises where sold as may be
sold by the
holders of D-1 and D-2 permits. In addition to the
privileges
authorized in this division, the holder of a D-5d
permit may
exercise the same privileges as the holder of a D-5
permit.
A D-5d permit shall not be
transferred to another location.
No quota
restrictions shall be placed on the
number of such permits that
may be issued.
The fee for this permit is one two
thousand eight three hundred
seventy-five forty-four dollars.
(E) Permit D-5e may be issued to
any nonprofit organization
that is exempt from federal income
taxation under the
"Internal
Revenue Code of 1986,"
100 Stat.
2085, 26 U.S.C.A. 501(c)(3), as
amended, or that is a charitable
organization under any chapter of
the Revised Code, and that owns
or operates a riverboat that
meets all of the following:
(1) Is permanently docked at one
location;
(2) Is designated as an
historical riverboat by the Ohio
historical society;
(3) Contains not less than
fifteen hundred square feet of
floor area;
(4) Has a seating capacity of
fifty or more persons.
The holder of a D-5e permit may
sell beer and intoxicating
liquor at retail, only by the
individual drink in glass and from
the container, for consumption
on the premises where sold.
A D-5e permit shall not be
transferred to another location.
No quota restriction shall be
placed on the number of such permits
that may be issued.
The
population quota restrictions contained
in section 4303.29 of the
Revised Code or in any rule of the
liquor control commission
shall not apply to this division, and
the division
shall issue a
D-5e permit to any applicant who meets
the requirements of this
division. However, the division shall
not issue a
D-5e permit
if the permit premises or proposed permit
premises are located
within an area in which the sale of
spirituous liquor by the
glass is prohibited.
The fee for this permit is nine one thousand two
hundred seventy-five nineteen dollars.
(F) Permit D-5f may be issued to
the owner or
operator of
a
retail food establishment or a food service
operation
licensed
under
Chapter 3717. of
the Revised Code
that operates as a
restaurant for purposes of
this chapter and that meets all
of the
following:
(1) It contains not less than
twenty-five hundred square
feet of floor area.
(2) It is located on or in, or
immediately adjacent to, the
shoreline of, a navigable river.
(3) It provides docking space for
twenty-five boats.
(4) It provides entertainment and
recreation, provided that
not less than fifty per cent of the
business on the permit
premises shall be preparing and serving
meals for a consideration.
In addition, each application for
a D-5f permit shall be
accompanied by a certification from the
local legislative
authority that the issuance of the D-5f permit
is not inconsistent
with that political subdivision's
comprehensive development plan
or other economic development goal
as officially established by
the local legislative authority.
The holder of a D-5f permit may
sell beer and intoxicating
liquor at retail, only by the
individual drink in glass and from
the container, for consumption
on the premises where sold.
A D-5f permit shall not be
transferred to another location.
The division
of liquor control shall not issue a
D-5f permit
if the
permit premises or proposed permit premises are
located
within an
area in which the sale of spirituous liquor by
the glass
is
prohibited.
A fee for this permit is one two
thousand eight three hundred
seventy-five forty-four dollars.
As used in this division,
"navigable river" means a river
that is also a
"navigable water"
as defined in the
"Federal Power
Act," 94 Stat.
770
(1980), 16 U.S.C. 796.
(G) Permit D-5g may be issued to
a nonprofit corporation
that is either the owner or the operator
of a national
professional sports museum. The holder of a D-5g
permit may sell
beer and any intoxicating liquor at retail, only
by the individual
drink in glass and from the container, for
consumption on the
premises where sold. The holder of a D-5g
permit shall sell no
beer or intoxicating liquor for consumption
on the premises where
sold after one a.m. A D-5g permit shall
not be transferred to
another location. No quota restrictions
shall be placed on the
number of D-5g permits that may be issued. The fee for
this
permit is one thousand five eight hundred seventy-five dollars.
(H) Permit D-5h may be issued to any nonprofit
organization
that is exempt from federal income taxation under
the
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as
amended, that owns or operates a fine arts museum
and has no less
than five thousand bona fide members possessing
full membership
privileges. The holder of a D-5h permit may sell
beer and any
intoxicating liquor at retail, only by the
individual drink in
glass and from the container, for consumption
on the premises
where sold. The holder of a D-5h permit shall
sell no beer or
intoxicating liquor for consumption on the
premises where sold
after one a.m. A D-5h permit shall not be
transferred to another
location. No quota restrictions shall be
placed on the number of
D-5h permits that may be issued. The fee
for this permit is one
thousand five eight hundred seventy-five dollars.
(I) Permit D-5i may be issued to
the owner or
operator of
a
retail food establishment or a food service
operation
licensed
under
Chapter 3717. of
the Revised Code
that operates as a
restaurant for purposes of
this chapter and that meets all of the
following
requirements:
(1) It is located in a municipal corporation or a township
with a population of fifty thousand or less.
(2) It has inside seating capacity for at least one
hundred
forty persons.
(3) It has at least four thousand square feet of floor
area.
(4) It offers full-course meals, appetizers, and
sandwiches.
(5) Its receipts from beer and liquor sales do not exceed
twenty-five per cent of its total gross receipts.
(6) The value of its real and personal property exceeds
seven hundred twenty-five thousand
dollars.
The holder of a D-5i permit shall cause an independent
audit
to be performed at the end of one full year of operation
following
issuance of the permit in order to verify the
requirements of
division (I)(5) of this section. The results of
the independent
audit shall be transmitted to the
division. Upon determining that
the receipts of the holder from beer
and liquor sales exceeded
twenty-five per cent of its total gross
receipts, the division
shall suspend the permit of
the permit
holder under section
4301.25 of the Revised Code and may allow
the permit holder to
elect a forfeiture under section 4301.252 of
the Revised Code.
The holder of a D-5i permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. The holder of a D-5i
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after two-thirty a.m. In addition to
the
privileges authorized in this division, the holder
of a D-5i
permit may exercise the same privileges as the holder
of a D-5
permit.
A D-5i permit shall not be transferred to another location.
The division of liquor control shall not renew a D-5i
permit
unless the food service operation for which it is issued
continues
to meet the requirements described in divisions (I)(1)
to (6) of
this section. No quota restrictions shall be placed on
the number
of D-5i permits that may be issued. The fee for this
permit is
one two thousand eight three hundred seventy-five forty-four dollars.
(J)(1) Permit D-5j may be issued to
the owner or the
operator of a
retail food establishment or a
food service
operation
licensed under
Chapter 3717.
of
the
Revised Code to
sell beer and intoxicating
liquor
at retail,
only by the
individual drink in glass and from
the container, for
consumption
on the premises where sold
and to
sell beer and
intoxicating
liquor in the same manner and amounts
not
for
consumption on the
premises where
sold as may be sold by
the
holders of D-1 and D-2
permits.
The holder of a D-5j permit
may
exercise the same
privileges, and
shall observe the same hours
of
operation, as the
holder of a D-5
permit.
(2) The D-5j permit shall be issued only within a community
entertainment district that is designated under section 4301.80 of
the
Revised Code and that is located in a
municipal corporation
with a population of at least one hundred
thousand.
(3) The location of a D-5j permit may be
transferred only
within
the geographic boundaries of the community entertainment
district in which it
was issued and shall not be transferred
outside the geographic
boundaries of that district.
(4) Not more than one D-5j permit shall be issued within
each
community entertainment district for each five acres of land
located
within the district. Not more than fifteen D-5j
permits
may be issued within a single community entertainment district.
Except
as otherwise provided in division (J)(4) of this section,
no quota restrictions shall be placed upon the number of
D-5j
permits that may be issued.
(5) The fee for a D-5j permit is one two thousand
eight three hundred
seventy-five forty-four dollars.
(K)(1) Permit D-5k may be issued to any nonprofit
organization that is exempt from federal income taxation under the
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as amended, that is the owner or operator of a
botanical garden recognized by the American association of
botanical gardens and arboreta, and that has not less than
twenty-five hundred
bona fide members.
(2) The holder of a D-5k permit may sell beer and any
intoxicating liquor at retail, only
by the individual drink in
glass and from the container, on the
premises where sold.
(3) The holder of a D-5k permit shall sell no beer or
intoxicating liquor for consumption on the premises where sold
after one a.m.
(4) A D-5k permit shall not be transferred to another
location.
(5) No quota restrictions shall be placed on the number of
D-5k permits that may be issued.
(6) The fee for the D-5k permit is one thousand five eight
hundred
seventy-five dollars.
Sec. 4303.182. (A) Except as
otherwise provided in
divisions
(B) to
(G) of this section, permit D-6 shall be issued
to
the
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5,
D-5a,
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,
D-5k,
or D-7
permit to allow sale under that permit between the hours
of
ten
a.m. and midnight, or between the hours of
one
p.m. and
midnight,
on Sunday, as applicable, if that sale
has
been
authorized
under
section 4301.361, 4301.364, 4301.365,
or 4301.366
of the Revised
Code and
under the restrictions of that
authorization.
(B) Permit D-6 shall be issued
to the holder of any permit,
including a D-4a and D-5d permit,
authorizing the sale of
intoxicating liquor issued for a premises
located at any publicly
owned airport, as defined in section
4563.01 of the Revised Code,
at which commercial airline
companies operate regularly scheduled
flights on which space is
available to the public, to allow sale
under such permit between
the hours of ten a.m. and midnight on
Sunday,
whether or not
that sale has been authorized under section
4301.361,
4301.364, 4301.365, or 4301.366 of the
Revised
Code.
(C) Permit D-6 shall be issued to the holder of a D-5a
permit,
and to the holder of a D-3 or D-3a permit who is the owner
or
operator of a hotel or motel that is required to be licensed
under
section 3731.03 of the Revised Code, that
contains at least
fifty
rooms for registered transient guests, and that has on its
premises a
retail food establishment or a food service
operation
licensed pursuant to
Chapter 3717. of
the
Revised Code
that
operates as a restaurant for purposes of
this chapter and is
affiliated with the hotel or motel and within
or
contiguous to the
hotel or motel and serving food within the
hotel
or motel, to
allow sale under such permit between the hours
of
ten
a.m. and
midnight on Sunday,
whether or
not that
sale has
been
authorized
under section 4301.361,
4301.364, 4301.365, or
4301.366 of
the
Revised Code.
(D) The holder of a D-6 permit
that is issued to a
sports
facility may make sales under the permit between the hours
of
eleven a.m. and midnight on any Sunday on
which a professional
baseball, basketball, football, hockey, or soccer game is
being
played at the sports facility. As used in this
division,
"sports
facility" means a stadium or arena that has a seating
capacity of
at least four
thousand and that is owned or leased by a
professional baseball, basketball,
football, hockey, or
soccer
franchise or any combination of those franchises.
(E) Permit D-6 shall be issued to the holder of any
permit
that authorizes the sale of beer or intoxicating liquor and that
is
issued to a premises located in or at the Ohio historical
society
area or
the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that
permit between the hours of
ten a.m. and midnight on Sunday,
whether or
not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code.
(F)
Permit D-6 shall be issued to
the holder of any permit
that authorizes the sale of intoxicating liquor and
that is issued
to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on
Sunday,
whether or not that sale has been authorized under section
4301.361 of
the Revised Code. A D-6 permit issued under this
division
is subject to the results of an election, held after the
D-6
permit is issued, on question (B)(4) as set forth in section
4301.351 of the Revised Code.
Following the end of the period
during which an election may be
held on question (B)(4) as set
forth in that section, sales of
intoxicating liquor may continue
at an outdoor performing arts center
under a D-6 permit issued
under this division, unless
an election on that question is held
during the permitted period and a
majority of the
voters voting in
the precinct on that question vote
"no."
As used in this division,
"outdoor performing arts center"
means
an outdoor performing arts center that is located on not
less than eight
hundred acres of land and that is open for
performances from the
first day of April to the last day of
October of each
year.
(G)
Permit D-6 shall be issued to the holder of any permit
that authorizes the sale of beer or intoxicating liquor and that
is issued to a golf course owned by the state, a conservancy
district, a park district created under Chapter 1545. of the
Revised Code, or another political subdivision to allow sale under
that permit between the hours of ten a.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
(H) If the restriction to licensed
premises where the sale
of
food and other goods and services
exceeds fifty per cent of the
total gross receipts of the permit
holder at the premises is
applicable, the division of liquor
control may accept an affidavit
from the permit holder to show
the proportion of the permit
holder's gross receipts derived from the sale of
food and other
goods and services. If the liquor control
commission determines
that affidavit to have been false, it
shall revoke the permits of
the permit holder at the premises
concerned.
(I) The fee for the D-6 permit is two five
hundred fifty
dollars
when it is issued to the holder of an
A-1-A, A-2, D-2,
D-3, D-3a,
D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f,
D-5g, D-5h,
D-5i, D-5j,
D-5k, or D-7 permit. The fee for
the D-6
permit is
two four
hundred dollars when it is issued to the
holder of a
C-2
permit.
Sec. 4303.183. Permit D-7 may be
issued to the holder of any
D-2 permit issued by the
division
of liquor control, or if there
is an insufficient number of D-2
permit holders to fill the resort
quota, to the operator of a
retail food establishment or a
food
service operation required to be
licensed under
Chapter 3717. of
the Revised Code
that operates as a restaurant
for purposes of
this chapter and
which
qualifies under the other
requirements of
this section, to sell
beer and any intoxicating
liquor at retail,
only by the individual
drink in glass and from
the container, for
consumption on the
premises where sold. Not
less than fifty per
cent of the business
on the permit premises
shall be preparing and
serving meals for a
consideration in order
to qualify for and
continue to hold such
D-7 permit. The permit
premises shall be
located in a resort
area.
"Resort area" means a municipal
corporation, township,
county, or any combination thereof, which
provides entertainment,
recreation, and transient housing
facilities specifically intended
to provide leisure time
activities for persons other than those
whose permanent residence
is within the
"resort area" and who
increase the population of
the
"resort area" on a seasonal basis,
and which experiences
seasonal peaks of employment and
governmental services as a
direct result of population increase
generated by the transient,
recreating public. A resort season
shall begin on the first day
of May and end on the last day of
October. Notwithstanding
section 4303.27 of the Revised Code,
such permits may be issued
for resort seasons without regard to
the calendar year or permit
year. Quota restrictions on the
number of such permits shall
take into consideration the transient
population during the
resort season, the custom and habits of
visitors and tourists,
and the promotion of the resort and tourist
industry. The fee
for this permit is three four hundred seventy-five sixty-nine
dollars per month.
Any suspension of a D-7 permit
shall be satisfied during the
resort season in which such
suspension becomes final. If such
suspension becomes final
during the off-season, or if the period
of the suspension extends
beyond the last day of October, the
suspension or remainder
thereof shall be satisfied during the next
resort season.
The ownership of a D-7 permit may
be transferred from one
permit holder to another. The holder of
a D-7 permit may file an
application to transfer such permit to a
new location within the
same resort area, provided that such
permit holder shall be the
owner or operator of a
retail food establishment or a food service
operation, required to be
licensed under
Chapter
3717. of the
Revised Code, that operates as a restaurant for
purposes of this
chapter, at such new
location.
Sec. 4303.184. (A)
Subject to division (B) of this
section,
a D-8
permit may be issued to the
holder
of a C-1, C-2,
or C-2x
permit issued to a retail store that has
either of the
following
characteristics:
(1) The store has at least five thousand five hundred square
feet of floor
area, and it generates more than sixty per cent of
its sales in general
merchandise items and food for consumption
off the premises where sold.
(2) Wine constitutes at least sixty per cent of the value of
the store's
inventory.
(B)
A D-8 permit may be issued to the holder of a C-1, C-2,
or C-2x permit only if the premises of the permit holder are
located in a precinct, or at a particular location in a precinct,
in which the sale of beer, wine, or mixed beverages is permitted
for consumption off the premises where sold. Sales under a D-8
permit are not affected by whether sales for consumption on the
premises where sold are permitted in the precinct or at the
particular location where the D-8 premises are located.
(C) The holder of a D-8 permit may sell tasting samples
of
beer, wine, and mixed beverages, but not spirituous liquor, at
retail, for
consumption on the premises where sold in an amount
not to exceed two ounces
or another amount designated by rule of
the liquor control commission. A
tasting sample shall not be sold
for general consumption. No D-8
permit holder shall allow any
authorized purchaser to consume more than four
tasting samples of
beer, wine, or mixed beverages, or any combination of beer,
wine,
or mixed beverages, per day.
(D) The privileges authorized under a D-8 permit may
only
be
exercised in conjunction with and during the hours of operation
authorized by a C-1, C-2, C-2x, or
D-6 permit.
(E) A D-8 permit shall not be transferred to another
location.
(F) The fee for the D-8 permit is two five
hundred fifty
dollars.
(G) The holder of a D-8 permit shall cause an
independent
audit to be performed at the end of the first full year of
operation following issuance of the permit, and at the end of each
second year
thereafter, in order to verify that the permit
holder
satisfies the applicable requirement of division (A)(1) or (2)
of
this section. The permit holder shall transmit the results of the
independent audit to the division of liquor control. If the
results of the
audit
indicate noncompliance with division (A) of
this section, the
division shall not renew the D-8 permit of the
permit holder.
Sec. 4303.19. Permit E may be issued to the owner or operator of any
railroad, a sleeping car company operating dining cars, buffet cars, club
cars, lounge cars, or similar equipment, or an airline providing charter or
regularly scheduled aircraft transportation service with dining, buffet, club,
lounge, or similar facilities, to sell beer or any intoxicating liquor in any
such car or aircraft to bona fide passengers at retail in glass and from the
container for consumption in such car or aircraft, including sale on Sunday
between the hours of one p.m. and midnight. The fee for this permit is two five
hundred fifty dollars.
Sec. 4303.20. Permit F may be issued to an association of ten or more
persons, a labor union, or a charitable organization, or to an employer of ten
or more persons sponsoring a function for his the employer's
employees, to purchase from
the holders of A-1 and B-1 permits and to sell beer for a period lasting not
to
exceed five days. No more than two such permits may be issued to the same
applicant in any thirty-day period.
The special function for which such the permit is issued shall include a social,
recreational, benevolent, charitable, fraternal, political, patriotic, or
athletic purpose but shall not include any function the proceeds of which are
for the profit or gain of any individual. The fee for this permit is twenty forty
dollars.
Sec. 4303.201. (A) As used in
this section:
(1) "Convention facility" means
any structure owned or leased by a municipal corporation or
county which was expressly designed and constructed and is
currently used for the purpose of presenting conventions, public
meetings, and exhibitions.
(2) "Nonprofit organization"
means any unincorporated association or nonprofit corporation
that is not formed for the pecuniary gain or profit of, and whose
net earnings or any part thereof is not distributable to, its
members, trustees, officers, or other private persons; provided,
that the payment of reasonable compensation for services rendered
and the distribution of assets on dissolution shall not be
considered pecuniary gain or profit or distribution of earnings
in an association or corporation all of whose members are
nonprofit corporations. Distribution of earnings to member
organizations does not deprive it of the status of a nonprofit
organization.
(B) An F-1 permit may be issued
to any nonprofit organization to allow the nonprofit organization
and its members and their guests to lawfully bring beer, wine,
and intoxicating liquor in its original package, flasks, or other
containers into a convention facility for consumption therein, if
both of the following requirements are met:
(1) The superintendent of liquor
control is satisfied the organization meets the definition of a
nonprofit organization as set forth in division (A)(2) of this
section, the nonprofit organization's membership includes persons
residing in two or more states, and the organization's total
membership is in excess of five hundred. The superintendent may accept a
sworn statement by the
president or other
chief executive officer of the nonprofit organization as proof of
the matters required in this division.
(2) The managing official or
employee of the convention facility has given written consent
to the use of the convention facility and to the application for
the F-1 permit, as shown in the nonprofit organization's
application to the superintendent.
(C) The superintendent shall specify individually the effective
period of each
F-1 permit on the permit, which shall not exceed three days. The
fee for an F-1 permit is one two hundred twenty-five fifty dollars. The
superintendent shall prepare and make
available
application forms to request F-1 permits and may require
applicants to furnish such information as the superintendent
determines to be
necessary for the administration of this section.
(D) No holder of an F-1 permit
shall make a specific charge for beer, wine, or intoxicating
liquor by the drink, or in its original package, flasks, or other
containers in connection with its use of the convention facility
under the permit.
Sec. 4303.202. (A) The
division of liquor control may issue an F-2 permit to an
association or corporation, or to a recognized subordinate lodge,
chapter, or other local unit of an association or corporation, to
sell beer or intoxicating liquor by the individual drink at an
event to be held on premises located in a political subdivision
or part thereof where the sale of beer or intoxicating liquor on
that day is otherwise permitted by law.
The division of liquor control may issue an
F-2 permit to an association or
corporation, or to a recognized subordinate lodge, chapter, or
other local unit of an association or corporation, to sell beer,
wine, and spirituous liquor by the individual drink at an event
to be held on premises located in a political subdivision or
part thereof where the sale of beer and wine, but not spirituous
liquor, is otherwise permitted by law on that day.
Notwithstanding section 1711.09 of the
Revised
Code, this section applies to
any association or corporation or a recognized subordinate
lodge, chapter, or other local unit of an association or
corporation.
In order to receive an F-2
permit, the association, corporation, or local unit shall be
organized not for profit, shall be operated for a charitable,
cultural, fraternal, or educational purpose, and shall not be
affiliated with the holder of any class of liquor permit, other
than a D-4 permit.
The premises on which the permit
is to be used shall be clearly defined and sufficiently
restricted to allow proper supervision of the permit use by state
and local law enforcement personnel. An F-2 permit may be issued
for the same premises for which another class of permit is
issued.
No F-2 permit shall be effective
for more than forty-eight consecutive hours, and sales shall be
confined to the same hours permitted to the holder of a D-3
permit. The division shall not issue more than two F-2
permits
in one calendar year to the same association, corporation, or
local unit of an association or corporation. The fee for an F-2
permit is seventy-five one hundred fifty dollars.
If an applicant wishes the holder
of a D-3, D-4, or D-5 permit to conduct the sale of beer and
intoxicating liquor at the event, the applicant may request that
the F-2 permit be issued jointly to the association, corporation,
or local unit and the D-permit holder. If a permit is issued
jointly, the association, corporation, or local unit and the
D-permit holder shall both be held responsible for any conduct
that violates laws pertaining to the sale of alcoholic beverages,
including sales by the D-permit holder; otherwise, the
association, corporation, or local unit shall be held
responsible. In addition to the permit fee paid by the
association, corporation, or local unit, the D-permit holder
shall pay a fee of ten dollars. A D-permit holder may receive an
unlimited number of joint F-2 permits.
Any association, corporation, or
local unit applying for an F-2 permit shall file with the
application a statement of the organizational purpose of the
association, corporation, or local unit, the location and purpose
of the event, and a list of its officers. The application form
shall contain a notice that a person who knowingly makes a false
statement on the application or statement is guilty of the crime
of falsification, a misdemeanor of the first degree. In ruling
on an application, the division shall consider, among other
things, the past activities of the association, corporation, or
local unit and any D-permit holder while operating under other
F-2 permits, the location of the event for which the current
application is made, and any objections of local residents or law
enforcement authorities. If the division approves the
application, it shall send copies of the approved application to
the proper law enforcement authorities prior to the scheduled
event.
Using the procedures of Chapter
119. of the Revised Code, the liquor control commission may adopt
such rules as are necessary to administer this section.
(B) No association, corporation,
local unit of an association or corporation, or D-permit holder
who holds an F-2 permit shall sell beer or intoxicating liquor
beyond the hours of sale allowed by the permit. This division
imposes strict liability on the holder of such permit and on any
officer, agent, or employee of such permit holder.
Sec. 4303.203. (A) As used in this section:
(1) "Convention facility" and "nonprofit corporation" have the same
meanings as in section 4303.201 of the Revised Code.
(2) "Hotel" means a hotel described in section 3731.01 of the
Revised Code that has at least fifty rooms for registered
transient guests and that is required to be licensed pursuant to section
3731.03 of the Revised Code.
(B) An F-3 permit may be issued to an organization whose
primary purpose is to support, promote, and educate members of the beer,
wine, or mixed beverage industries, to allow the organization to bring beer,
wine, or mixed beverages in their original packages or containers into a
convention facility or hotel for consumption in the facility or hotel, if all
of the following requirements are met:
(1) The superintendent of liquor control is satisfied that the
organization
is a nonprofit organization and that the organization's membership is in
excess of two hundred fifty persons.
(2) The general manager or the equivalent officer of the convention
facility or hotel provides a written consent for the use of a portion of the
facility or hotel by the organization and a written statement that the
facility's or
hotel's permit privileges will be suspended in the portion of the facility or
hotel in which the F-3 permit is in force.
(3) The organization provides a written description that clearly sets
forth the portion of the convention facility or hotel in which the
F-3 permit will be used.
(4) The organization provides a written statement as to its primary
purpose and the purpose of its event at the convention facility or hotel.
(5) Division (C) of this section does not apply.
(C) No F-3 permit shall be issued to any nonprofit
organization that is created by or for a specific manufacturer, supplier,
distributor, or retailer of beer, wine, or mixed beverages.
(D) Notwithstanding division (E) of section 4301.22 of
the Revised Code, a holder of an F-3 permit may
obtain by donation beer, wine, or mixed beverages from any manufacturer or
producer of beer, wine, or mixed beverages.
(E) Nothing in this chapter prohibits the holder of an
F-3 permit from bringing into the portion of the convention facility
or hotel covered by the permit beer, wine, or mixed beverages otherwise not
approved for sale in this state.
(F) Notwithstanding division (E) of section 4301.22 of
the Revised Code, no holder of an F-3 permit shall
make any charge for any beer, wine, or mixed beverage served by the drink, or
in its original package or container, in connection with the use of the
portion of the convention facility or hotel covered by the permit.
(G) The division of liquor control shall prepare and make
available an F-3 permit application form and may require applicants
for the permit to provide information, in addition to that required by this
section, that is necessary for the administration of this section.
(H) An F-3 permit shall be effective for a period not to
exceed five consecutive days. The division of liquor control shall not issue
more than three F-3 permits per calendar year to the same nonprofit
organization. The fee for an F-3 permit is one three hundred fifty
dollars.
Sec. 4303.204. (A) The division of liquor control may issue
an F-4 permit to an association or corporation organized
not-for-profit in this state to conduct an event that includes the
introduction, showcasing, or promotion of Ohio wines, if the event
has all of the following characteristics:
(1) It is coordinated by that association or corporation,
and the association or corporation is responsible for the
activities at it.
(2) It has as one of its purposes the intent to introduce,
showcase, or promote Ohio wines to persons who attend it.
(3) It includes the sale of food for consumption on the
premises where sold.
(4) It features at least three A-2 permit holders who sell
Ohio wine at it.
(B) The holder of an F-4 permit may furnish, without charge,
wine that it has obtained from the A-2 permit holders that are
participating in the event for which the F-4 permit is issued, in
two-ounce samples for consumption on the premises where furnished
and may sell such wine by the glass for consumption on the
premises where sold. The holder of an A-2 permit that is
participating in the event for which the F-4 permit is issued may
sell wine that it has manufactured, in sealed containers for
consumption off the premises where sold. Wine may be furnished or
sold on the premises of the event for which the F-4 permit is
issued only where and when the sale of wine is otherwise permitted
by law.
(C) The premises of the event for which the F-4 permit is
issued shall be clearly defined and sufficiently restricted to
allow proper enforcement of the permit by state and local law
enforcement officers. If an F-4 permit is issued for all or a
portion of the same premises for which another class of permit is
issued, that permit holder's privileges will be suspended in that
portion of the premises in which the F-4 permit is in effect.
(D) No F-4 permit shall be effective for more than
seventy-two consecutive hours. No sales or furnishing of wine
shall take place under an F-4 permit after one a.m.
(E) The division shall not issue more than six F-4 permits
to the same not-for-profit association or corporation in any one
calendar year.
(F) An applicant for an F-4 permit shall apply for the
permit not later than thirty days prior to the first day of the
event for which the permit is sought. The application for the
permit shall list all of the A-2 permit holders that will
participate in the event for which the F-4 permit is sought. The
fee for the F-4 permit is thirty sixty dollars per day.
The division shall prepare and make available an F-4 permit
application form and may require applicants for and holders of the
F-4 permit to provide information that is in addition to that
required by this section and that is necessary for the
administration of this section.
(G)(1) The holder of an F-4 permit is responsible for, and
is subject to penalties for, any violations of this chapter or
Chapter 4301. of the Revised Code or the rules adopted under this
and that chapter.
(2) An F-4 permit holder shall not allow an A-2 permit
holder to participate in the event for which the F-4 permit is
issued if the A-2 or A-1-A permit of that A-2 permit holder is
under suspension.
(3) The division may refuse to issue an F-4 permit to an
applicant who has violated any provision of this chapter or
Chapter 4301. of the Revised Code during the applicant's previous
operation under an F-4 permit, for a period of up to two years
after the date of the violation.
(H)(1) Notwithstanding division (E) of section 4301.22 of
the Revised Code, an A-2 permit holder that participates in an
event for which an F-4 permit is issued may donate wine that it
has manufactured to the holder of that F-4 permit. The holder of
an F-4 permit may return unused and sealed containers of wine to
the A-2 permit holder that donated the wine at the conclusion of
the event for which the F-4 permit was issued.
(2) The participation by an A-2 permit holder or its
employees in an event for which an F-4 permit is issued does not
violate section 4301.24 of the Revised Code.
Sec. 4303.21. Permit G may be issued to the owner of a
pharmacy in charge of
a licensed pharmacist to be named in such the permit for
the sale at retail of
alcohol for medicinal purposes in quantities at each sale of not more than one
gallon upon the written prescription of a physician or dentist who is lawfully
and regularly engaged in the practice of the physician's or
dentist's profession in this state, and for
the sale of industrial alcohol for mechanical, chemical, or scientific
purposes to a person known by the seller to be engaged in such mechanical,
chemical, or scientific pursuits; all subject to section 4303.34 of the
Revised Code. The fee for this permit if fifty is one hundred dollars.
Sec. 4303.22. Permit H may be
issued for a fee of one three
hundred fifty dollars to a carrier by
motor vehicle who also holds
a license issued by the public
utilities commission to transport
beer, intoxicating liquor, and
alcohol, or any of them, in this
state for delivery or use in
this state. This section does not
prevent the division of
liquor control from contracting with
common or contract carriers
for the delivery or transportation of
liquor for the division,
and any contract or common carrier so
contracting with the
division is eligible for an H permit.
Manufacturers or
wholesale distributors of beer or intoxicating
liquor other than
spirituous liquor who transport or deliver their
own products to
or from their premises licensed under
this
chapter and
Chapter 4301.
of the Revised Code by
their own
trucks
as an incident to the
purchase or sale of such
beverages need not
obtain an H permit.
Carriers by rail shall
receive
an H permit
upon application
for it.
This section does not prevent the division from issuing, upon
the payment of
the permit fee, an H
permit to any person,
partnership, firm, or corporation licensed
by any other state to
engage in the business of manufacturing and
brewing or producing
beer,
wine, and mixed beverages
or any person,
partnership, firm,
or corporation licensed by the
United States
or any other state to
engage in the business of
importing beer,
wine, and mixed
beverages
manufactured outside the
United States.
The
manufacturer,
brewer, or importer of
products manufactured outside
the United
States, upon the issuance
of an H permit, may
transport, ship,
and deliver only its own
products to holders of
B-1 or B-5
permits in Ohio in motor trucks
and equipment owned and
operated
by such class H permit holder.
No
H permit shall be
issued by
the division to such applicant
until
the applicant
files
with the
division a liability insurance
certificate or policy
satisfactory to the division, in a sum of
not less than one
thousand nor more than five thousand dollars for
property damage
and for not less than five thousand nor more than
fifty thousand
dollars for loss sustained by reason of injury or
death and with
such other terms as the division considers
necessary to
adequately
protect the interest of the public, having
due regard
for the
number of persons and amount of property
affected.
The
certificate or policy shall insure the
manufacturer, brewer, or
importer of products manufactured outside
the United States
against loss sustained by reason of the death of
or injury to
persons, and for loss of or damage to property, from
the
negligence of such class H permit holder in the operation of
its
motor vehicles or equipment in this state.
Sec. 4303.23. Permit I may be
issued to wholesale druggists to purchase alcohol from the
holders of A-3 permits and to import alcohol into Ohio this state subject to
such terms as are imposed by the division of liquor control;
to
sell at wholesale to physicians, dentists, druggists, veterinary
surgeons, manufacturers, hospitals, infirmaries, and medical or
educational institutions using such alcohol for medicinal,
mechanical, chemical, or scientific purposes, and to holders of G
permits for nonbeverage purposes only; and to sell alcohol at
retail in total quantities at each sale of not more than one
quart, upon the written prescription of a physician or dentist
who is lawfully and regularly engaged in the practice of his the
physician's or dentist's
profession in this state. The sale of alcohol under this section
is subject to section 4303.34 of the Revised Code. The fee for
this permit is one two hundred dollars.
"Wholesale druggists," as used in
this, section includes all persons holding federal wholesale
liquor dealers' licenses and who are engaged in the sale of
medicinal drugs, proprietary medicines, and surgical and medical
appliances and apparatus, at wholesale.
Sec. 4303.231. Permit W may be
issued to a manufacturer or supplier of beer or intoxicating
liquor to operate a warehouse for the storage of beer or
intoxicating liquor within this state and to sell such those products
from the warehouse only to holders of B permits in this state and
to other customers outside this state under rules promulgated by
the liquor control commission. Each holder of a B permit with a
consent to import on file with the division of liquor control
may purchase beer or intoxicating liquor if designated by
the permit to make such those purchases, from the holder of a W permit.
The fee for a W permit is one thousand two five hundred fifty sixty-three dollars
for each warehouse during the year covered by the permit.
Sec. 4305.01. For the purpose of reimbursing the state for
the expenses of administering Chapters 4301. and 4303. of the
Revised Code and to provide revenues for the support of the
state,
a tax is hereby levied on the sale or distribution in
this
state
of beer, whether in barrels or other containers, excepting
in
sealed bottles or cans, at the rate of five eleven dollars and
fifty-eight sixteen cents per barrel of thirty-one gallons.
The tax commissioner shall exercise, with respect to the
administration of the tax imposed by this section, all the powers
and duties vested in or imposed by sections 4307.04 to 4307.07 of
the Revised Code, so far as consistent with this section.
Manufacturers and consignees of beer in barrels or other
containers, excepting in sealed bottles or cans, and railroad
companies, express companies, and other public carriers
transporting shipments of such beer are subject, with respect to
such tax, to the same duties and entitled to the same privileges
as are required or permitted by
those sections.
The revenue derived from the tax on the sale and
distribution
of beer pursuant to this section and section 4301.42
of the
Revised Code shall be for the use of the general revenue
fund.
The tax refund fund created by section 5703.052 of the
Revised Code may be drawn upon by the tax commissioner for any
refunds authorized to be made by
the commissioner in
sections
4303.33,
4307.05, and 4307.07 of the Revised Code for
beer.
Sec. 4503.06. (A) The owner of each manufactured
or mobile
home that has acquired situs in this state
shall pay either a real
property tax pursuant to
Title LVII of the Revised Code or a
manufactured home tax
pursuant to division (C) of
this section.
(B) The owner of a manufactured or
mobile home shall pay
real property taxes if either of the
following applies:
(1) The manufactured or mobile home acquired situs in the
state or ownership in the home was transferred on or after
January
1, 2000, and all of the
following apply:
(a) The home is affixed to a permanent foundation
as defined
in division (C)(5)
of section 3781.06 of the Revised Code;
(b) The home is located on land that is owned by
the owner
of the home;
(c) The certificate of title has been inactivated by
the
clerk of the court of common pleas that issued it,
pursuant to
division (H) of section 4505.11 of the Revised
Code.
(2) The manufactured or mobile home acquired situs in the
state or ownership in the home was transferred before
January 1,
2000, and all of the
following apply:
(a) The home is affixed to a permanent foundation
as defined
in division (C)(5)
of section 3781.06 of the Revised Code;
(b) The home is located on land that is owned by
the owner
of the home;
(c) The owner of the home has elected to have the
home taxed
as real property and, pursuant to section 4505.11 of
the Revised
Code, has surrendered the
certificate of title to the
auditor of
the county containing the taxing district in
which the home has
its situs, together with proof that all taxes
have been paid;
(d) The county auditor has placed the
home on the real
property tax list and delivered the certificate
of title to the
clerk of the court of common pleas
that issued it and the clerk
has inactivated the certificate.
(C)(1) Any mobile or manufactured home that
is not taxed as
real property as provided in division
(B) of this section is
subject to an annual manufactured home tax, payable by the owner,
for
locating the
home in this state. The tax as levied in this
section is for the purpose of
supplementing the
general revenue
funds of the local subdivisions in which
the home has its situs
pursuant to this section.
(2) The year for which the manufactured home tax is
levied
commences on the first day of January and ends on the following
thirty-first day of December.
The state shall have the
first lien
on any manufactured or mobile home on the list for the amount
of
taxes, penalties, and interest charged against the owner of the
home under this section.
The lien of the state for the tax for a
year shall attach on the first day of January to a home that has
acquired
situs on that date. The lien
for a home that has not
acquired situs on the first day of
January, but that acquires
situs during the year, shall attach on the
next first day of
January. The lien shall continue until the tax,
including any
penalty or interest, is paid.
(3)(a) The situs of a manufactured or mobile home located in
this state on the first day of
January is the local taxing
district in which the
home is located on that date.
(b) The situs of a manufactured or mobile home not located
in
this state on the first day of January, but located in this
state
subsequent to that date, is the local taxing district in
which the home
is located thirty days after it is acquired or
first enters this state.
(4) The tax is collected by and paid to the county
treasurer
of the county containing the taxing district in which
the home has
its situs.
(D) The manufactured home tax shall be computed and
assessed
by the county
auditor of the county containing the taxing district
in which the
home has its situs as follows:
(1) On a home that acquired situs in this state prior to
January
1, 2000;
(a) By multiplying the assessable
value of the home by the
tax
rate of the taxing district in which the home has its
situs,
and deducting from the product thus
obtained any reduction
authorized under section 4503.065 of the
Revised Code. The tax
levied under this
formula shall not be
less than thirty-six
dollars, unless the home qualifies
for a
reduction in assessable
value under section 4503.065 of the
Revised Code, in which case
there shall be no minimum tax and the
tax shall be the amount
calculated under this division.
(b) The assessable value of the home shall be
forty per cent
of the amount arrived at by the following
computation:
(i) If the cost to the owner, or market value at time of
purchase, whichever is greater, of the home includes
the
furnishings and equipment, such cost or market value shall be
multiplied according to the following schedule:
|
For the first calendar year |
|
|
|
|
|
in which the
|
|
|
|
|
|
home is owned by the |
|
|
|
|
|
current owner |
|
|
|
80% |
|
2nd calendar year |
|
x |
|
75% |
|
3rd " |
|
x |
|
70% |
|
4th " |
|
x |
|
65% |
|
5th " |
|
x |
|
60% |
|
6th " |
|
x |
|
55% |
|
7th " |
|
x |
|
50% |
|
8th " |
|
x |
|
45% |
|
9th " |
|
x |
|
40% |
|
10th and each year thereafter |
|
|
|
35% |
The first calendar year means any period between the first
day of January and the thirty-first day of December of the first
year.
(ii) If the cost to the owner, or market value at the
time
of purchase, whichever is greater, of the home does
not include
the furnishings and equipment, such cost or market
value shall be
multiplied according to the following schedule:
|
For the first calendar year |
|
|
|
|
|
in which the
|
|
|
|
|
|
home is owned by the |
|
|
|
|
|
current owner |
|
|
|
95% |
|
2nd calendar year |
|
x |
|
90% |
|
3rd " |
|
x |
|
85% |
|
4th " |
|
x |
|
80% |
|
5th " |
|
x |
|
75% |
|
6th " |
|
x |
|
70% |
|
7th " |
|
x |
|
65% |
|
8th " |
|
x |
|
60% |
|
9th " |
|
x |
|
55% |
|
10th and each year thereafter |
|
|
|
50% |
The first calendar year means any period between the first
day of January and the thirty-first day of December of the first
year.
(2) On a home in which ownership was transferred or
that
first acquired situs in this state on or after
January 1, 2000:
(a) By multiplying the assessable
value of the home
by the
effective tax
rate, as defined in section 323.08 of the
Revised
Code, for residential real
property of the taxing district in
which the home has its
situs, and deducting from the product thus
obtained the
reductions required or authorized under section
319.302,
division (B) of section
323.152, or section 4503.065 of
the
Revised Code.
(b) The assessable value of the home shall
be thirty-five
per cent of its true value as
determined under division (L)
of
this section.
(3)
On or before the fifteenth day of January each year,
the
auditor shall record the assessable value and the
amount of
tax on the manufactured or mobile home on the tax list
and deliver
a duplicate of the list to the county
treasurer. In the case of
an emergency as defined in section 323.17 of the Revised Code,
the
tax
commissioner, by journal entry, may extend the times
for
delivery of the duplicate for an additional fifteen days upon
receiving a
written application from
the county auditor regarding
an extension for the delivery of the
duplicate, or from the county
treasurer regarding an extension of
the time for the billing and
collection of taxes. The application
shall contain a statement
describing the emergency that will cause
the unavoidable delay and
must be received by the tax
commissioner on or before the last day
of the month preceding the
day delivery of the duplicate is
otherwise required. When an extension
is granted for delivery of
the duplicate, the time period for payment
of taxes shall be
extended for a like period of time. When a
delay in the closing
of a tax collection period becomes
unavoidable, the tax
commissioner, upon application by the county
auditor and county
treasurer, may order the time for payment of
taxes to be extended
if the tax commissioner determines that
penalties have accrued or
would otherwise accrue for reasons
beyond the control of the
taxpayers of the county. The order
shall prescribe the final
extended date for payment of taxes for
that collection period.
(4) After January 1, 1999, the owner of a manufactured or
mobile
home taxed
pursuant to division (D)(1) of
this section may
elect to have the home taxed pursuant to
division (D)(2) of this
section
by filing a written request with the county auditor of the
taxing district in which the home is located on or before the
first day of
December of any year. Upon the filing of the
request, the county
auditor shall determine whether all taxes
levied
under division (D)(1) of this section have been paid, and
if those
taxes have been paid, the county auditor shall tax the
manufactured or
mobile home pursuant to division
(D)(2) of this
section
commencing in the next tax year.
(5) A manufactured or
mobile home that acquired situs in
this state prior to
January 1, 2000, shall be taxed
pursuant to
division (D)(2) of
this section if no manufactured home tax had
been paid for the
home and the home was not exempted from taxation
pursuant to
division (E) of this section
for the year for which
the taxes were not paid.
(6)(a) Immediately upon receipt of any manufactured home tax
duplicate from the county auditor, but not less than twenty days
prior to the
last date on which the first one-half taxes may be
paid without
penalty as prescribed in division (F) of this
section,
the county treasurer shall cause to be prepared and
mailed
or delivered to each person charged on that duplicate with
taxes,
or to an agent designated by such person, the tax bill
prescribed
by the tax commissioner under division (D)(7) of this
section.
When taxes are paid by installments, the
county
treasurer shall mail or deliver to each person charged on
such
duplicate or the agent designated by such person a second
tax bill
showing the amount due at the time of the second tax
collection.
The second half tax bill shall be mailed or
delivered at least
twenty days prior to the close of the second
half tax collection
period.
A change in the mailing address of any tax bill shall be
made in writing to the county treasurer.
Failure to receive a
bill required by this section does
not excuse failure or delay to
pay any taxes shown on the bill
or, except as provided in division
(A)(B)(1) of section 5715.39 of the
Revised Code, avoid any penalty,
interest, or charge for
such
delay.
(b) After delivery of the copy of the delinquent
manufactured
home tax list under division (H) of this section,
the
county
treasurer may prepare and mail to each person in whose name
a home is listed an additional tax bill showing the
total amount
of delinquent taxes charged against the home as
shown on the list.
The tax bill shall include a notice that
the interest charge
prescribed by division (G) of this section
has begun to accrue.
(7) Each tax bill prepared and mailed or
delivered under
division (D)(6) of this section
shall be in
the form and contain
the information required by the tax
commissioner. The
commissioner may prescribe different forms for
each county and may
authorize the county auditor to make up tax
bills and tax receipts
to be used by the county treasurer.
The tax bill shall not
contain or be mailed or delivered
with any information or material
that is not required by this
section or that is not authorized by
section 321.45 of the
Revised Code or by the tax commissioner.
In
addition to the information
required by the
commissioner, each
tax
bill shall contain the following information:
(a) The taxes levied and the taxes charged and payable
against the manufactured or mobile home;
(b) The following notice:
"Notice: If the taxes are not
paid within
sixty days after the county auditor delivers the
delinquent manufactured home
tax list to the county treasurer, you
and your home may be subject to
collection proceedings
for tax
delinquency." Failure to provide such notice
has no effect upon
the validity of any tax judgment to which a
home may be subjected.
(c) In the case of manufactured or mobile homes taxed under
division (D)(2) of this section, the following additional
information:
(i) The effective tax rate. The words "effective tax
rate"
shall appear in boldface type.
(ii) The following notice: "Notice: If the
taxes charged
against this home
have been reduced by the 2-1/2 per cent tax
reduction for
residences occupied by the owner
but the home is not
a residence occupied by the
owner, the owner must notify the
county auditor's office not
later than March 31 of the year
for
which the taxes are due. Failure to do so may result in the
owner
being convicted of a fourth degree misdemeanor, which is
punishable by
imprisonment up to 30 days, a fine up to $250, or
both, and in the
owner having to repay the amount by which the
taxes were
erroneously or illegally reduced, plus any interest
that may apply.
If the taxes charged against this home have not been
reduced
by the 2-1/2 per cent tax reduction and the home is
a residence
occupied by the owner, the home may qualify for
the tax reduction.
To obtain an application for the tax reduction or further
information, the
owner may contact the county auditor's office at
.......... (insert the
address and telephone number of the county
auditor's office)."
(E)(1) A manufactured or mobile home is not subject to
this
section when any of the following applies:
(a) It is taxable as personal property pursuant to
section
5709.01 of the Revised Code. Any manufactured or mobile home
that
is used as a residence shall be
subject to this
section and shall
not be taxable as personal property pursuant to
section 5709.01 of
the Revised Code.
(b) It bears a license plate issued by any state other than
this
state unless the home is in this state in excess of an
accumulative period of
thirty days in any calendar year.
(c) The annual tax has been paid on the home in this state
for
the current year.
(d) The tax commissioner has determined, pursuant to section
5715.27 of the Revised Code, that the property is exempt from
taxation, or
would be exempt from taxation under Chapter 5709. of
the Revised Code if it
were classified as real property.
(2) A travel trailer
or park trailer, as these terms are
defined in section 4501.01
of the Revised Code, is not subject to
this section if it is
unused or unoccupied and stored at the
owner's normal place of residence or at a recognized storage
facility.
(3) A travel trailer or park trailer, as these terms are
defined
in section 4501.01 of the Revised Code, is subject to this
section and shall
be taxed as a
manufactured or mobile home if it
has a situs longer
than thirty days in one location and is
connected to
existing utilities, unless either
of the following
applies:
(a) The situs is in a state facility or a camping or park
area as defined in division (B), (G), (H),
or (R) of section
3733.01 of the Revised Code;
(b) The situs is in a camping or park area that is a
tract
of land that has been limited to recreational use by deed or
zoning restrictions and subdivided for sale of five or more
individual lots for the express or implied purpose of occupancy
by
either self-contained recreational vehicles as defined in
division
(E) of section 3733.01 of the Revised Code or by
dependent
recreational vehicles as defined in division (F) of
section
3733.01 of the Revised Code.
(F) Except as provided in division (D)(3) of this
section,
the manufactured home tax is due and payable as
follows:
(1) When a manufactured or mobile home has a situs in this
state, as
provided in this section, on the first day of January,
one-half
of the amount of the tax is due and payable on or before
the
first day of March
and the balance is due and payable on
or
before the thirty-first day of July. At the option of the owner
of the
home, the tax for the entire year may be paid in full on
the
first day of March.
(2) When a manufactured or mobile home first acquires a
situs
in this state after the first day of
January, no tax is due
and payable for that year.
(G)(1) If one-half of the current taxes
charged under this
section against a manufactured or mobile home, together
with the
full
amount of any delinquent taxes or any installment thereof
required to be paid under a written undertaking, are not paid on
or before the thirty-first day of January in that year, or on or
before the last day for such payment as extended pursuant to
section 4503.063 of the Revised Code, a penalty of ten per
cent
shall be charged against the unpaid balance of such half of the
current taxes. If the total amount of all such
taxes is not paid
on or before the thirty-first day of July, next
thereafter, or on
or before the last day for such payment as
extended pursuant to
section 4503.063 of the Revised Code, a
like penalty shall be
charged on the balance of the total amount of
such unpaid current
taxes.
(2)(a) On the first day of the month following the last
day
the second installment of taxes may be paid without penalty
beginning
in 2000,
interest shall be charged against and computed
on all delinquent
taxes other than the current taxes that became
delinquent taxes
at the close of the last day such second
installment could be
paid without penalty. The charge shall be
for interest that
accrued during the period that began on the
preceding first day
of December and ended on the last day of the
month that included
the last date such second installment could be
paid without
penalty. The interest shall be computed at the rate
per annum
prescribed by section 5703.47 of the Revised Code and
shall be
entered as a separate item on the delinquent manufactured
home tax list
compiled under division (H) of this section.
(b) On the first day of December beginning in 2000, the
interest shall be
charged against and computed on all delinquent
taxes. The charge
shall be for interest that accrued during the
period that began
on the first day of the month following the last
date prescribed
for the payment of the second installment of taxes
in the current
year and ended on the immediately preceding last
day of November. The interest shall be computed at the rate
per
annum prescribed
by section 5703.47 of the Revised Code and shall
be entered
as a separate item on the delinquent manufactured home
tax list.
(c) After a valid undertaking has been entered into for
the
payment of any delinquent taxes, no interest shall be charged
against such delinquent taxes while the undertaking remains in
effect in compliance with section 323.31 of the Revised Code. If
a valid undertaking becomes void, interest shall be charged
against the delinquent taxes for the periods that interest was
not
permitted to be charged while the undertaking was in effect.
The
interest shall be charged on the day the undertaking becomes
void
and shall equal the amount of interest that would have been
charged against the unpaid delinquent taxes outstanding on the
dates on which interest would have been charged thereon under
divisions (G)(1) and (2) of this section had the undertaking not
been in effect.
(3) If the full amount of the taxes due at either of the
times prescribed by division (F) of this section is paid within
ten days after such time, the county treasurer shall waive the
collection of and the county auditor shall remit one-half of the
penalty provided for in this division for failure to make that
payment by the prescribed time.
(4) The treasurer shall compile and deliver to the county
auditor a list of all tax payments the treasurer has received
as
provided in
division (G)(3) of this section. The list shall
include any
information required by the auditor for the remission
of the
penalties waived by the treasurer. The taxes so collected
shall
be included in the settlement next succeeding the settlement
then
in process.
(H)(1) Beginning in 2000, the county auditor shall compile
annually a
"delinquent manufactured home tax list" consisting of
homes
the county treasurer's records indicate have taxes that were
not
paid within the time prescribed by divisions
(D)(3) and (F)
of
this section, have taxes that remain unpaid
from prior years,
or
have unpaid tax penalties or interest that have been assessed.
(2) Within thirty days after the settlement under
division
(H)(2) of section 321.24 of the Revised Code beginning in
2000,
the county
auditor shall deliver a copy of the delinquent
manufactured home
tax list to the county treasurer. The auditor
shall update and publish
the
delinquent manufactured home tax list
annually in the same manner as
delinquent real property tax lists
are published.
The county auditor shall
apportion the cost of
publishing the list among taxing districts in
proportion to the
amount of delinquent manufactured home taxes so
published that
each taxing district is entitled to receive upon
collection of
those taxes.
(3) When taxes, penalties, or interest
are
charged
against a
person on the delinquent manufactured home tax list
and
are not paid within sixty days after the list is delivered to
the
county treasurer, the county treasurer shall, in addition
to any
other remedy provided by law for the collection of taxes,
penalties, and interest, enforce collection of
such taxes,
penalties, and interest by civil action in the name of the
treasurer against the owner for
the recovery of the unpaid taxes
following the procedures for the recovery
of delinquent real
property taxes in sections 323.25 to 323.28
of the Revised Code.
The action may be brought in municipal or county court,
provided
the amount
charged does not exceed the monetary
limitations for
original jurisdiction for civil actions in those
courts.
It is sufficient, having made proper parties to the suit,
for
the treasurer to allege in the treasurer's bill of
particulars or
petition that the taxes stand chargeable on the books of the
county treasurer against such person, that they are due and
unpaid, and that such person is indebted in the amount of taxes
appearing to be due the county. The treasurer need not set forth
any other matter relating thereto. If
it is found on the trial of
the action that the person
is indebted to the state, judgment
shall be rendered in favor of
the treasurer prosecuting the
action. The judgment debtor is
not entitled to the benefit of any
law for stay of execution or
exemption of property from levy or
sale on execution in the
enforcement of the judgment.
(I) The total amount of taxes collected shall be
distributed
in the following manner:
four per cent shall be allowed as
compensation to the county
auditor for the county auditor's
service in assessing the
taxes; two per cent
shall be allowed as
compensation to the county treasurer for the
services the county
treasurer renders as a result of the tax
levied by this
section.
Such amounts shall be paid into the county treasury, to
the credit
of the county general revenue fund,
on the warrant of the county
auditor. Fees to be paid to the credit of the real estate
assessment fund
shall be collected pursuant to division (B) of
section 319.54 of the Revised
Code and paid into the county
treasury, on the warrant of the county
auditor. The balance of
the taxes collected shall be distributed
among the taxing
subdivisions of the county in which the taxes
are collected and
paid in the same ratio as those taxes were
collected for the
benefit of the taxing subdivision. The taxes levied
and revenues
collected
under this section shall be in lieu of any general
property tax
and any tax levied with respect to the privilege of
using or
occupying a manufactured or mobile home in Ohio except as
provided in
sections 4503.04 and 5741.02 of the Revised Code.
(J) An agreement to purchase or a bill of sale for a
manufactured home shall show whether or not the furnishings and
equipment are included in the purchase price.
(K) If the county treasurer and the county prosecuting
attorney agree that an item charged on the delinquent
manufactured
home tax list is uncollectible, they shall certify
that
determination and the reasons to the county board of
revision. If
the board determines the amount is uncollectible,
it shall certify
its determination to the county auditor, who
shall strike the item
from the list.
(L)(1) The county
auditor shall appraise at its true value
any manufactured or mobile home in
which ownership is transferred
or which first acquires situs in this state on
or after January 1,
2000, and any manufactured or mobile home the
owner of which has
elected, under division (D)(4) of this section, to have the home
taxed under division (D)(2) of this section. The true value
shall
include the
value of the home, any additions, and any fixtures,
but not any
furnishings in the home. In determining the true
value of a
manufactured or mobile home, the auditor shall consider
all
facts and circumstances relating to the value of the home,
including its age, its capacity to function as a residence, any
obsolete characteristics, and other factors that may tend to prove
its true value.
(2)(a) If a manufactured or mobile home has been
the subject
of an arm's length sale between a willing seller and
a willing
buyer within a reasonable length of time prior to the
determination of true value, the auditor shall consider the sale
price of the home to be the true value for taxation purposes.
(b) The sale price in an arm's length transaction
between a
willing seller and a willing buyer shall not be
considered the
true value of the home if either of the following
occurred after
the sale:
(i) The home has lost value due to a casualty;
(ii) An addition or fixture has been added to the home.
(3) The auditor shall have each home viewed and appraised
at
least once in each six-year period in the same year in which real
property in the county is appraised pursuant to Chapter 5713. of
the Revised Code,
and shall update the appraised values in the
third calendar year following the
appraisal. The person viewing
or
appraising a home may enter the home to determine by actual
view
any additions or fixtures that have been added since the last
appraisal. In conducting the appraisals and establishing the
true
value, the auditor shall follow the procedures set forth
for
appraising real property in sections 5713.01 and 5713.03 of the
Revised
Code.
(4) The auditor shall place the true value of each home
on
the manufactured home tax list upon completion of an
appraisal.
(5)(a) If the auditor changes the true value of a
home, the
auditor shall notify the owner of the home in writing,
delivered
by mail or in person. The notice shall be given at
least thirty
days prior to the issuance of any tax bill that
reflects the
change. Failure to receive the notice
does not invalidate any
proceeding under this section.
(b) Any owner of a home or any other person or party listed
in
division (A)(1) of section 5715.19 of the Revised Code may file
a complaint
against the true
value of the home
as appraised under
this section. The complaint shall be
filed with the
county
auditor on or before the thirty-first day of
March
of
the
current
tax year
or the
date of closing of the collection for
the
first
half of manufactured home taxes for the current tax
year,
whichever is later. The auditor shall present to the county
board
of revision all complaints filed with the auditor under this
section. The board shall
hear and
investigate the
complaint and
may take action on it as
provided
under sections
5715.11 to
5715.19 of the
Revised Code.
(c) If the county board of revision determines, pursuant to
a
complaint against the valuation of a manufactured or mobile home
filed under this section, that the amount of taxes, assessments,
or other charges paid was in excess of the amount due
based on the
valuation as finally determined, then the
overpayment shall be
refunded in the manner prescribed in
section 5715.22 of the
Revised Code.
(d) Payment of all or part of a tax under this
section for
any year for which a complaint is pending before the
county board
of revision does not abate the complaint or in any
way affect the
hearing and determination thereof.
(M) If the county auditor determines that any tax,
assessment, charge, or any part thereof has been erroneously
charged as a result of a clerical error as defined in section
319.35 of the Revised Code, the county treasurer and
the county
board of revision shall remove the erroneous charges
on the
manufactured home tax list or delinquent manufactured home tax
list,
and refund any erroneous charges that have been collected,
with
interest, in the same manner as is prescribed in section
319.36 of the
Revised Code for erroneous charges against real
property.
(N) As used in this section and section 4503.061 of the
Revised Code:
(1) "Manufactured home taxes" includes taxes, penalties, and
interest charged under division (C) or (G) of this section
and any
penalties charged under division (G) or (H)(5) of
section 4503.061
of the Revised Code.
(2) "Current taxes" means all manufactured home taxes
charged
against a manufactured or mobile home that have not
appeared on the
manufactured home tax list for any prior year.
Current taxes become
delinquent taxes if they remain unpaid after
the last day
prescribed for payment of the second installment of
current taxes
without penalty, whether or not they have been
certified
delinquent.
(3) "Delinquent taxes" means:
(a) Any manufactured home taxes that were charged against a
manufactured or mobile home for a prior year, including any
penalties or
interest charged for a prior year, and that remain
unpaid;
(b) Any current manufactured home taxes charged against a
manufactured or mobile home that remain unpaid after the last day
prescribed for payment of the second installment of current taxes
without penalty, whether or not they have been certified
delinquent, including any penalties or interest.
Sec. 4505.06. (A)(1) Application for a certificate of
title
shall be made in a form prescribed by the registrar of
motor
vehicles and shall be sworn to before a notary public or
other
officer empowered to administer oaths. The application
shall be
filed with the clerk of
any court of common pleas.
An
application for a
certificate of title may be filed
electronically by
any
electronic
means approved by the registrar
in
any county
with the clerk of the court of common pleas
of
that county. Any
payments required by
this chapter
shall be
considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer
of
funds.
(2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code. The fee shall be retained by the clerk who
issues
the
certificate of title and shall be distributed in
accordance
with that section.
If a clerk of a court of common
pleas, other
than the clerk of the court of
common pleas of an
applicant's
county of residence, issues a certificate of
title to
the
applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system.
(3) If a certificate of title previously has been issued for
a
motor vehicle in this state,
the application for a
certificate of title also shall be accompanied by that
certificate
of title duly assigned, unless otherwise provided in
this chapter.
If a certificate of title previously has not been
issued for the
motor vehicle in this state, the application,
unless otherwise
provided in this chapter, shall be accompanied
by a manufacturer's
or importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2131.12 of
the Revised Code.
If the applicant requests a
designation of
the
motor vehicle in beneficiary form so that upon
the death of
the
owner of the motor vehicle, ownership of the
motor vehicle
will
pass to a designated transfer-on-death
beneficiary or
beneficiaries, the applicant may do so as provided
in section
2131.13 of the Revised Code. A person who establishes
ownership
of a motor vehicle that is transferable on death in
accordance
with section 2131.13 of the Revised Code may terminate
that type
of ownership or change the designation of the
transfer-on-death
beneficiary or beneficiaries by applying for a
certificate of
title pursuant to this section. The clerk
shall
retain
the
evidence of title
presented by the applicant and
on
which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically
by
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
motor vehicle, the clerk
shall retain the completed
electronic
record to which the dealer
converted the certificate
of title
application and other required
documents. The
electronic motor
vehicle dealer shall forward the
actual
application and all other
documents relating to the sale of
the
motor vehicle to any clerk
within thirty days after the
certificate of title is issued. The
registrar, after consultation
with the attorney general, shall
adopt rules that govern the
location at which, and the manner in
which, are stored the actual
application and all other documents
relating to the sale of a
motor vehicle when an electronic motor
vehicle dealer files the
application for a certificate of title
electronically on behalf of
the purchaser.
The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office.
If the
clerk is
satisfied that the applicant is the
owner of the
motor
vehicle
and that the application is in the
proper form,
the
clerk,
within
five business days after the
application is
filed, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal
unless
the
applicant
specifically
requests the clerk not to issue a
physical
certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation but has not canceled
the lien notation with
a
clerk, the
clerk may cancel the lien
notation on
the automated title
processing system and notify the
clerk of the
county of origin.
(4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement.
In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing
dealer
is liable to a secured party for a late fee of ten dollars
per day
for each certificate of title application and payment of
the
applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk.
(b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty days after the assignment or
delivery of the
motor
vehicle. If an application for a
certificate of title is
not
filed within
the period
specified in division (A)(5)(b) of
this
section, the clerk
shall collect a fee of
five dollars for
the
issuance of the
certificate, except that no
such fee shall
be
required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made.
(6) As used in
division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code.
(B) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code.
For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a poundage
fee of one and one one-hundredth
per cent,
and the clerk
shall
pay the poundage fee
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of
taxes by persons who do not reside
in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax.
(C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
survivor pursuant to
section
2106.18,
2131.12, or 4505.10
of the Revised
Code,
to a
transfer-on-death beneficiary or beneficiaries
pursuant
to section
2131.13 of the Reviseed Revised Code, or in
connection
with the
creation
of a
security interest.
(D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of
title unless the tax imposed by or pursuant to Chapter
5741.
of
the Revised Code
based on the purchaser's county of residence
has
been paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the tax. Upon payment of the tax in
accordance with
division
(E) of this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment of the tax.
For
receiving and
disbursing such taxes paid
to the clerk
by a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
The
clerk
shall not retain a poundage fee from payments of taxes by
persons
who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
those
sales.
(E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
money order, or
teller check issued by any
insured financial institution payable
to the clerk and submitted with an
application
for a certificate
of title under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal check, credit
card, electronic transfer or wire
transfer,
debit card, or any other accepted
form of payment made
payable to
the clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish
the
information to the
commissioner
that the
commissioner
requires.
The clerk shall deduct
the amount of taxes due but not
paid from
the clerk's periodic
remittance of tax payments, in
accordance
with
procedures agreed
upon by the tax commissioner.
The
commissioner may collect
taxes
due by assessment in the
manner
provided in section 5739.13 of the
Revised Code.
Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
and the penalty
shall
be no
greater than that amount necessary to compensate the
clerk
for
banking charges, legal fees, or other expenses
incurred by
the
clerk in
collecting the returned or dishonored
payment. The
remedies and procedures
provided in this section
are in addition
to any other available civil or
criminal
remedies. Subsequently
collected penalties, poundage
fees, and
title
fees, less
any
title
fee
due the state, from returned or
dishonored payments
collected
by
the clerk shall be paid into the
certificate of
title
administration fund.
Subsequently
collected taxes, less
poundage
fees,
shall be sent by the clerk
to the
treasurer of
state
at the next
scheduled periodic
remittance of tax payments,
with
information as the
commissioner may require. The clerk
may
abate
all or any part of
any penalty assessed under this
division.
(F) In the following cases, the clerk shall accept for
filing
an application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state
for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
of
this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by
division (B)(23)(19) of section 5739.02 of the Revised Code, and
upon
presentation of a copy of the affidavit provided by that
section,
and a copy of the exemption certificate provided by
section
5739.03 of the Revised Code.
The clerk shall forward all payments of taxes, less
poundage
fees, to the treasurer of state in a manner to be
prescribed
by
the
tax commissioner and shall furnish
information
to
the
commissioner as the commissioner requires.
(G) An application, as prescribed by the registrar
and
agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable by six months' imprisonment or
a fine of up to
one thousand dollars, or both. All transfers are
audited by the
department of taxation. The seller and buyer must
provide any
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due."
(H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt issued by
the tax commissioner showing payment
of the tax. For sales of
manufactured homes or mobile homes
occurring on or after January 1,
2000, the applicant shall pay to
the clerk an additional fee of five dollars
for each certificate
of title issued by the clerk for a
manufactured or mobile home
pursuant to division (H) of section 4505.11 of the Revised Code
and for each certificate of title issued upon transfer of
ownership of
the home. The clerk shall credit the fee to the
county
certificate of title administration fund, and the fee shall
be used to
pay
the expenses of archiving
those certificates
pursuant to
division
(A) of section 4505.08
and division (H)(3)
of section
4505.11 of
the Revised Code. The tax commissioner
shall
administer any tax
on a manufactured or mobile home
pursuant to
Chapters 5739. and
5741. of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4509.60. Upon acceptance of a bond with individual sureties, the
registrar of motor vehicles shall forward to the county recorder of the county
in which the sureties' real estate is located a notice of such deposit and pay
the recorder a base fee of five dollars for filing and indexing the notice and a housing trust fund fee of five dollars pursuant to section 317.36 of the Revised Code. The
recorder shall receive and file such notice and keep and index the same. Such
bond shall constitute a lien in favor of the state upon the real estate so
scheduled or any surety, and the lien shall exist in favor of any holder of a
final judgment against the person who has filed the bond, for damages,
including damages for care and loss of services, because of bodily injury to
or death of any person, or for damage because of injury to property,
including the loss of use thereof, resulting from the ownership, maintenance,
or use of a motor vehicle after such bond was filed, upon the filing of notice
to that effect by the registrar with the county recorder as provided in
this section.
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or
trackless trolley upon meeting or overtaking from either
direction any school bus stopped for the purpose of receiving or
discharging any school child, person attending programs
offered
by community boards of mental health and county boards of mental
retardation and developmental disabilities, or child attending a
program offered by a head
start agency,
shall stop at least
ten feet from the front or rear of the school bus and shall not
proceed until such school bus resumes motion, or until signaled
by the school bus driver to proceed.
It is no defense to a charge under this division that the
school bus involved failed to display or be equipped with an
automatically extended stop warning sign as required by division
(B) of this section.
(B) Every school bus shall be equipped with amber and red
visual signals meeting the requirements of section 4511.771 of
the Revised Code, and an automatically extended stop warning sign
of a type approved by the state board of education, which shall
be actuated by the driver of the bus whenever but only whenever
the bus is stopped or stopping on the roadway for the purpose of
receiving or discharging school children, persons attending
programs offered by community boards of mental health and county
boards of mental retardation and developmental disabilities, or
children attending programs offered by head start agencies. A
school bus driver shall not actuate the visual signals or the
stop warning sign in designated school bus loading areas where
the bus is entirely off the roadway or at school buildings when
children or persons attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities are loading or unloading at
curbside or at buildings when children attending programs offered by head
start agencies are loading or unloading at curbside. The visual signals
and stop warning sign shall be
synchronized or otherwise operated as required by rule of the
board.
(C) Where a highway has been divided into four or more
traffic lanes, a driver of a vehicle, streetcar, or trackless
trolley need not stop for a school bus approaching from the
opposite direction which has stopped for the purpose of receiving
or discharging any school child, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, or children
attending programs offered by head start agencies. The driver of
any vehicle, streetcar, or trackless trolley overtaking the
school bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on
highways with four or more traffic lanes shall receive and
discharge all school children, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, and children
attending programs offered by head start agencies on their
residence side of the highway.
(E) No school bus driver shall start the driver's bus until
after
any child, person attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities, or child attending a program offered
by a head start agency who may have alighted therefrom
has reached a place of safety on the child's or person's
residence side of the road.
(F) As used in this
section:
(1) "Head start agency" has the same meaning as in division
(A)(1) of section 3301.31 of the
Revised
Code.
(2) "School bus," as used in relation to children who
attend a program offered by a head start agency, means a bus that is owned and
operated by a head start agency, is equipped with an automatically extended
stop warning sign of a type approved by the state board of education, is
painted the color and displays the markings described in section 4511.77 of
the
Revised Code,
and is equipped with amber and red visual signals meeting the requirements of
section 4511.771 of the Revised
Code, irrespective of whether or not the bus
has fifteen or more children aboard at any time. "School bus" does not
include a van owned and operated by a head start agency, irrespective of its
color, lights, or markings.
Sec. 4707.071. (A) On May 1, 1991, all persons licensed
as
auction companies under former section 4707.071 of the Revised
Code shall comply with all provisions of this chapter that are
applicable to auctioneers except as provided in divisions (B) and
(C) of this section. Such persons, however, do not have to serve
an apprenticeship or attend a course of study under section
4707.09 of the Revised Code or submit to an examination under
section 4707.08 of the Revised Code as long as they do not engage
in the calling for, recognition of, and the acceptance of, offers
for the purchase of personal property at auction and do not
conduct auctions at any location other than the definite place of
business required in section 4707.14 of the Revised Code.
(B) The principal owner of each auction company which that is
licensed as of May 1, 1991, who pays the annual renewal fee
specified in division (A)(B) of section 4707.10 of the Revised Code
during the first renewal period following May 1, 1991, shall be
issued a special auctioneer's license, for the sale of personal
property subject to division (A) of this section. Each principal
owner shall apply for an annual license. In applying for an
annual license, each person licensed as an auction company on May
1, 1991, shall designate an individual as principal owner by
submitting documentation substantiating that the individual is in
fact the principal owner and shall identify a definite place of
business as required in section 4707.14 of the Revised Code. A
person licensed as an auctioneer shall not be entitled to a
special auctioneer's license.
(C) A special auctioneer's license issued under this
section
to the principal owner of a former auction company does
not
entitle the principal owner or former auction company to
conduct
auctions at any location other than the definite place of
business
required in section 4707.14 of the Revised Code.
Notwithstanding
section 4707.10 of the Revised Code, the
department
of agriculture
shall not issue a new special auctioneer's license if
the definite
place of business identified by the licensee in the
licensee's
initial application for a special auctioneer license
has changed
or if the name under which the licensee is doing
business has
changed. No person other than an owner, officer,
member, or agent
of the former auction company who
personally has
passed
the
examination prescribed in section 4707.08 of the
Revised Code
and
been licensed as an auctioneer shall engage in
the calling
for,
recognition of, and the acceptance of, offers
for the
purchase of
real or personal property, goods, or chattels
at
auction in
connection with a former auction company that has
been
issued a
special auctioneer's license.
(D) A person licensed as a special auctioneer shall not
engage in the sale of real property at auction.
Sec. 4707.072. (A) For purposes of this section, the department of agriculture shall adopt rules in accordance with section 4707.19 of the Revised Code prescribing the fee that a license applicant must pay. Until those rules are adopted, a license applicant shall pay the fee established in this section.
(B) The department of
agriculture may
grant
one-auction licenses to any nonresident person deemed
qualified
by
the department. Any person who applies for a
one-auction
license
shall attest, on forms provided by the
department, and
furnish to
the department, satisfactory proof that
the license
applicant or
any auctioneer affiliated with the
applicant meets
the following
requirements:
(A)(1) Has a good reputation;
(B)(2) Is of trustworthy character;
(C)(3) Has attained the age of at least eighteen years;
(D)(4) Has a general knowledge of the requirements of the
Revised Code relative to auctioneers, the auction profession, and
the principles involved in conducting an auction;
(E)(5) Has two years of professional auctioneering experience
immediately preceding the date of application and the experience
includes the personal conduct by the applicant of at least twelve
auction sales in any state, or has met the requirements of
section
4707.12 of the Revised Code;
(F)(6) Has paid a fee of one hundred dollars, which shall be
credited to the auctioneers fund;
(G)(7) Has provided proof of
financial responsibility
as required under section
4707.11 of the Revised Code in the
form of either an irrevocable letter of credit or a cash bond or a
surety bond in the amount of
fifty
thousand dollars. If the
applicant gives a surety
bond, the bond
shall be executed by a
surety company authorized to
do business in
this state. A bond shall be made to the department and
shall be conditioned that the applicant shall comply with this
chapter and rules adopted under it, including refraining from
conduct described in section 4707.15 of the Revised Code. All
bonds shall be on a form approved by the director of agriculture.
Sec. 4707.10. (A) For purposes of this section, the department of agriculture shall adopt rules in accordance with section 4707.19 of the Revised Code prescribing fees that licensees must pay and license renewal deadlines and procedures with which licensees must comply. Until those rules are adopted, licensees shall pay the fees and comply with the license renewal deadlines and procedures established in this section.
(B) The fee for each auctioneer's,
apprentice
auctioneer's, or special auctioneer's license issued
by the
department of
agriculture is one hundred dollars, and the
annual
renewal fee for any such license is one hundred dollars.
All
licenses expire annually on the last day of June of each year
and
shall be renewed according to the standard renewal procedures
of
Chapter 4745. of the Revised Code, or the procedures of this
section. Any licensee under this chapter who wishes to renew
the
licensee's
license, but fails to do so before the first day of
July
shall
reapply for licensure in the same manner and pursuant
to the
same
requirements as for initial licensure, unless before
the
first
day of September of the year of expiration, the former
licensee
pays to the department, in addition to the regular
renewal fee, a
late renewal penalty of one hundred dollars.
(B)(C) Any person who fails to renew
the person's license
before the
first day of July is prohibited from engaging in any
activity
specified or comprehended in section 4707.01 of the
Revised Code
until such time as
the person's license is
renewed
or a new
license is
issued. Renewal of a license between
the
first day of July and
the first day of September does not
relieve
any person from
complying with this division. The
department may
refuse to renew
the license of or issue a new
license to any
person who violates
this division.
(C)(D) The department shall prepare and deliver to each
licensee a permanent license certificate and an annual renewal
identification card, the appropriate portion of which shall be carried on the
person of the licensee at all times when engaged in any type of
auction activity, and part of which shall be posted with the
permanent certificate in a conspicuous location at the licensee's
place of business.
(D)(E) Notice in writing shall be given to the department by
each auctioneer or apprentice auctioneer licensee of any change
of
principal business location or any change or addition to the
name
or names under which business is conducted, whereupon the
department shall issue a new license for the unexpired period.
Any
change of business location or change or addition of names
without
notification to the department shall automatically cancel
any
license previously issued. For each new auctioneer or
apprentice
auctioneer license issued upon the occasion of a
change in
business location or a change in or an addition of
names under
which business is conducted, the department may
collect a fee of
ten dollars for each change in location, or name
or each added
name unless the notification of the change occurs
concurrently
with the renewal application.
Sec. 4707.24. Except for the purposes of divisions (A) and (B) of section 4707.25 of the Revised Code, sections 4707.25 to 4707.31 of the Revised Code do not apply with respect to a license issued under section 4707.072 of the Revised Code.
Sec. 4709.12. (A) The barber board shall charge and collect the following
fees:
(1) For the application to take the barber examination, sixty ninety dollars;
(2) For an application to retake any part of the barber examination, thirty forty-five
dollars;
(3) For the initial issuance of a license to practice as a barber, twenty thirty
dollars;
(4) For the biennial renewal of the license to practice as
a barber, seventy-five one hundred ten dollars;
(5) For the restoration of an expired barber license,
one hundred dollars, and fifty seventy-five
dollars for each lapsed year, provided
that the total fee shall not exceed four six hundred
sixty ninety dollars;
(6) For the issuance of a duplicate barber or shop
license, thirty forty-five dollars;
(7) For the inspection of a new barber shop, change of
ownership, or reopening of premises or facilities
formerly operated as a barber shop, and issuance of a shop license,
seventy-five one hundred ten dollars;
(8) For the biennial renewal of a barber shop license,
fifty seventy-five dollars;
(9) For the restoration of a barber shop license, seventy-five one hundred ten dollars;
(10) For each inspection of premises for location of a new
barber school, or each inspection of premises for relocation of a
currently licensed barber school, five seven hundred fifty dollars;
(11) For the initial barber school license, five hundred one thousand
dollars, and five hundred one thousand dollars for the renewal of the license;
(12) For the restoration of a barber school license, six hundred one thousand dollars;
(13) For the issuance of a student registration, twenty-five forty dollars;
(14) For the examination and issuance of a biennial teacher or assistant
teacher license, one hundred twenty-five eighty-five dollars;
(15) For the renewal of a biennial teacher or assistant
teacher license, one hundred fifty dollars;
(16) For the restoration of an expired teacher or
assistant teacher license, one two hundred fifty twenty-five dollars, and forty sixty dollars
for each lapsed year, provided that the total fee shall not
exceed three four hundred fifty dollars;
(17) For the issuance of a barber license by reciprocity
pursuant to section 4709.08 of the Revised Code, two three hundred
dollars;
(18) For providing licensure information concerning an applicant, upon
written request of the applicant, twenty-five forty dollars.
(B) The board, subject to the approval of the controlling
board, may establish fees in excess of the amounts provided in
this section, provided that the fees do not exceed the amounts
permitted by this section by more than fifty per cent.
Sec. 4717.07. (A) The board of embalmers and
funeral
directors shall charge and collect the following fees:
(1) For the issuance of an initial embalmer's or funeral
director's license, five one hundred forty dollars;
(2) For the issuance of an embalmer or funeral director
registration,
twenty-five one hundred dollars;
(3) For filing an embalmer or funeral director certificate
of
apprenticeship, ten fifty dollars;
(4) For the application to take the examination for a
license to practice as an embalmer or funeral director, or to
retake a section of the examination, thirty-five dollars;
(5) For the
biennial renewal of an embalmer's or funeral
director's license,
one hundred twenty forty dollars;
(6) For the
initial issuance
of a license to
operate a
funeral home, one two hundred twenty-five fifty dollars
and
biennial renewal
of a license to operate a funeral home, two
hundred fifty dollars;
(7) For the reinstatement of a lapsed embalmer's or
funeral
director's license, the renewal fee prescribed in division
(A)(5)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(8) For the reinstatement of a lapsed license to
operate a
funeral home, the renewal fee prescribed in division (A)(6)
of
this section plus fifty dollars for each month or portion of a
month the
license is lapsed until reinstatement;
(9) For the
initial issuance
of a license to
operate an
embalming facility, one two hundred dollars
and biennial
renewal of a
license to operate an embalming facility, two hundred
dollars;
(10) For the reinstatement of a lapsed license to
operate an
embalming facility, the renewal fee prescribed in division
(A)(9)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(11) For the
initial issuance
of a license to
operate a
crematory facility, one two hundred dollars
and biennial
renewal of a
license to operate a crematory facility, two hundred
dollars;
(12) For the reinstatement of a lapsed license to
operate a
crematory facility, the renewal fee prescribed in division
(A)(11)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(13) For the issuance of a duplicate of a license issued
under this
chapter, four dollars.
(B) In addition to the fees set forth in
division (A) of
this section, an applicant shall pay the
examination fee assessed
by any examining agency the board uses
for any section of an
examination required under this chapter.
(C) Subject to the approval of the controlling
board, the
board of embalmers and funeral directors may establish
fees in
excess of the amounts set forth in this section, provided
that
these fees do not exceed the amounts set forth in this
section by
more than fifty per cent.
Sec. 4717.09. (A) Every two years, licensed
embalmers and
funeral directors shall attend between twelve and
thirty hours of
educational programs as a condition for renewal
of their licenses.
The board of embalmers and funeral directors shall
adopt
rules
governing the administration and enforcement of the
continuing
education requirements of this section. The board may
contract
with a professional organization or association or other
third
party to assist it in performing functions necessary to
administer
and enforce the continuing education requirements of
this section.
A professional organization or association or other
third party
with whom the board so contracts may charge a
reasonable fee for
performing these functions to licensees or to
the persons who
provide continuing education programs.
(B) A person holding both an embalmer's license
and a
funeral director's license need meet only the continuing
education
requirements established by the board for one or the
other of
those licenses in order to satisfy the requirement of
division (A)
of this section.
(C) The board shall not renew the license of a licensee who
fails
to meet the continuing
education requirements of this
section and who has not been
granted a waiver or exemption under
division (D) or (E) of this
section.
(D) Any licensee who fails to meet the
continuing education
requirements of this section because of
undue hardship or
disability, or who is not actively engaged in
the practice of
funeral directing or embalming in this state, may
apply to the
board for a waiver or an exemption. The
(E) A licensee who has been an embalmer or a funeral director for not less than fifty years and is not actually in charge of an embalming facility or funeral home may apply to the board for an exemption.
(F) The board shall
determine, by
rule, the procedures for applying for a waiver or
an exemption
from continuing education requirements under this
section and
under what conditions a waiver or an exemption may be
granted.
Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of
the Revised
Code:
(1)
"Affiliate" means a business entity that is owned by,
operated by,
controlled by, or under common control with another
business entity.
(2)
"Communication" means a written or oral notification or
advertisement
that meets both of the following criteria, as
applicable:
(a) The notification or advertisement is transmitted by or
on behalf of the
seller of goods or services and by or through any
printed, audio, video,
cinematic, telephonic, or electronic means.
(b) In the case of a notification or advertisement other
than by
telephone, either of the following conditions is met:
(i) The notification or advertisement is followed by a
telephone call from a
telephone solicitor or salesperson.
(ii) The notification or advertisement invites a response by
telephone, and,
during the course of that response, a telephone
solicitor or salesperson attempts to make or makes a sale of goods
or
services. As used in division (A)(2)(b)(ii) of this section,
"invites a
response by telephone" excludes the mere listing or
inclusion of a telephone
number in a notification or
advertisement.
(3)
"Gift, award, or prize" means
anything of value that is
offered or purportedly offered, or given or
purportedly given by
chance, at no cost to the receiver and with no
obligation to
purchase goods or services. As used in this division,
"chance"
includes a situation in which a person is
guaranteed to receive an
item and, at the time of the offer or purported
offer, the
telephone solicitor does not identify the specific item that the
person will receive.
(4)
"Goods or services" means any real
property or any
tangible or intangible personal property, or services of any
kind
provided or offered to a person.
"Goods or services" includes,
but
is
not limited to, advertising; labor performed for the
benefit of
a person;
personal property intended to be attached to
or
installed in any real
property, regardless of whether it is so
attached or installed; timeshare
estates or licenses; and extended
service contracts.
(5)
"Purchaser" means a person that is
solicited to become
or
does become financially obligated as a result of a
telephone
solicitation.
(6)
"Salesperson" means an individual who is employed,
appointed, or
authorized by a telephone solicitor
to make
telephone solicitations but does not mean any of the following:
(a) An individual who comes within one of the exemptions in
division (B) of this section;
(b) An individual employed, appointed, or authorized by a
person
who comes within one of the exemptions in division (B) of
this
section;
(c) An individual under a written contract with a person who
comes within one of the exemptions in division (B) of this
section,
if liability for all transactions with purchasers is
assumed by the person so
exempted.
(7)
"Telephone solicitation" means a communication to a
person that meets
both of the following criteria:
(a) The communication is initiated by or on behalf of a
telephone solicitor
or by a salesperson.
(b) The communication either represents a price or the
quality or
availability of goods or services or is used to induce
the person to purchase
goods or services, including, but not
limited to, inducement through the
offering of a gift, award, or
prize.
(8)
"Telephone solicitor" means a person that engages in
telephone
solicitation directly or through one or more
salespersons either from a location in this state, or from a
location
outside
this state to persons in this state.
"Telephone
solicitor" includes, but is
not limited to, any such person that
is an owner, operator, officer, or
director of, partner in, or
other individual engaged in the management
activities of, a
business.
(B) A telephone solicitor is exempt from the
provisions of
sections 4719.02 to 4719.18 and section 4719.99 of the Revised
Code if the telephone solicitor is any one of the following:
(1) A person engaging in a telephone solicitation that is a
one-time or
infrequent transaction not done in the course of a
pattern of repeated
transactions of a like nature;
(2) A person engaged in telephone solicitation solely for
religious or
political purposes; a charitable organization,
fund-raising counsel, or
professional solicitor in compliance with
the registration and reporting
requirements of Chapter 1716. of
the
Revised Code; or any person or other entity exempt under
section 1716.03 of
the Revised Code from filing a registration
statement under section 1716.02 of
the Revised Code;
(3) A person, making a telephone solicitation involving a
home
solicitation sale as defined in section 1345.21 of the
Revised Code, that makes the sales presentation and completes the
sale at a
later,
face-to-face meeting between the seller and the
purchaser rather than during
the telephone solicitation. However,
if the person, following the telephone
solicitation, causes
another person to collect the
payment of any money, this exemption
does not apply.
(4) A licensed securities, commodities, or investment
broker, dealer,
investment advisor, or associated person when
making a telephone solicitation
within the scope of the person's
license. As used in division
(B)(4) of this section,
"licensed
securities,
commodities, or investment broker, dealer, investment
advisor, or associated
person" means a person subject to licensure
or registration as such by the
securities and exchange commission;
the National Association of Securities
Dealers or other
self-regulatory organization, as defined by 15
U.S.C.A. 78c; by
the division of
securities under Chapter 1707. of the Revised
Code; or by an
official or agency of any other state of the United
States.
(5)(a) A person primarily engaged in soliciting the sale of
a
newspaper of general circulation;
(b) As used in division (B)(5)(a) of this section,
"newspaper of general
circulation" includes, but is not limited
to, both of the following:
(i) A newspaper that is a daily law journal designated as an
official
publisher of court calendars pursuant to section 2701.09
of the Revised Code;
(ii) A newspaper or publication that has at least
twenty-five per cent
editorial, non-advertising content, exclusive
of inserts, measured relative to
total publication space, and an
audited circulation to at least fifty per cent
of the households
in the newspaper's retail trade zone as defined by the
audit.
(6)(a) An issuer, or its subsidiary, that has a class of
securities to which all of the following apply:
(i) The class of securities is subject to section 12 of the
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is
registered or is
exempt from registration under 15
U.S.C.A.
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);
(ii) The class of securities is listed on the
New York stock
exchange, the American stock exchange,
or the NASDAQ national
market system;
(iii) The class of securities is a reported security as
defined
in 17 C.F.R. 240.11Aa3-1(a)(4).
(b) An issuer, or its subsidiary, that formerly had a class
of
securities that met the criteria set forth in division
(B)(6)(a) of this section
if the issuer, or its subsidiary, has a
net worth in excess of one hundred
million dollars, files or its
parent files with the securities and exchange
commission an S.E.C.
form 10-K, and has continued in substantially
the same business
since it had a class of securities that met the criteria in
division (B)(6)(a) of this section. As used in division
(B)(6)(b)
of this section,
"issuer" and
"subsidiary" include the successor
to
an issuer or
subsidiary.
(7) A person soliciting a transaction regulated by the
commodity futures
trading commission, if the person is registered
or temporarily
registered for that activity with the commission
under 7 U.S.C.A. 1 et. seq.
and the registration or temporary
registration
has not expired or been suspended or revoked;
(8) A person soliciting the sale of any book, record, audio
tape,
compact disc, or video, if the person allows the
purchaser
to review the
merchandise for at least seven days and provides
a
full refund within thirty days to a purchaser who returns the
merchandise or
if the person solicits the sale on
behalf of a
membership club operating in compliance with regulations adopted
by the federal trade commission in 16 C.F.R. 425;
(9) A supervised financial institution or its subsidiary.
As
used in
division (B)(9) of this section,
"supervised
financial
institution" means a bank, trust company, savings and
loan
association, savings bank, credit union, industrial loan company,
consumer finance lender, commercial finance lender, or institution
described
in section 2(c)(2)(F) of the
"Bank Holding Company Act
of 1956," 12 U.S.C.A.
1841(c)(2)(F), as amended, supervised by
an
official or agency of the United States, this state, or
any other
state of the United States; or a licensee or registrant under
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to
1321.83 of the
Revised Code.
(10)(a) An insurance company, association, or other
organization
that is licensed or authorized to conduct business in
this state by the
superintendent of insurance pursuant to Title
XXXIX of the
Revised Code or Chapter 1751. of the Revised Code,
when soliciting
within the scope of its license or authorization.
(b) A licensed insurance broker, agent, or
solicitor when
soliciting within the scope of the person's license. As used
in
division (B)(10)(b) of this section,
"licensed
insurance broker,
agent, or solicitor" means any
person licensed as an insurance
broker, agent, or solicitor by the
superintendent of insurance
pursuant to Title XXXIX of the Revised Code.
(11) A person soliciting the sale of services provided by a
cable
television system operating under authority of a
governmental franchise or
permit;
(12) A person soliciting a business-to-business sale under
which any of
the following conditions are met:
(a) The telephone solicitor has been operating
continuously
for at least three years under the same business name under which
it solicits purchasers, and at least fifty-one per cent of its
gross dollar
volume of sales consists of repeat sales to existing
customers to whom it
has made sales under the same business name.
(b) The purchaser business intends to resell the
goods
purchased.
(c) The purchaser business intends to use the goods
or
services purchased in a recycling, reuse, manufacturing, or
remanufacturing
process.
(d) The telephone solicitor is a publisher of a periodical
or of
magazines distributed as controlled circulation publications
as
defined in
division (CC) of section 5739.01 of the Revised Code
and is soliciting sales of advertising, subscriptions, reprints,
lists,
information databases, conference participation or
sponsorships, trade shows
or media products related to the
periodical or magazine, or other publishing
services provided by
the controlled circulation publication.
(13) A person that, not less often than once each year,
publishes and
delivers to potential purchasers a catalog that
complies with both of the
following:
(a) It includes all of the following:
(i) The business address of the seller;
(ii) A written description or illustration of each good
or
service offered for sale;
(iii) A clear and conspicuous disclosure of the sale price
of
each good or service; shipping, handling, and
other charges;
and return policy;
(b) One of the following applies:
(i) The catalog includes at least twenty-four pages of
written
material and illustrations, is distributed in more than
one state, and has an
annual postage-paid mail circulation of not
less than two hundred fifty
thousand households;
(ii) The catalog includes at least ten pages of written
material
or an equivalent amount of material in electronic form on
the internet or an
on-line computer service, the person does not
solicit customers by telephone
but solely receives telephone calls
made in response to the catalog, and
during
the calls the person
takes orders but does not engage in further solicitation
of the
purchaser. As used in division (B)(13)(b)(ii) of this section,
"further solicitation" does not include providing the purchaser
with
information about, or attempting to sell, any other item in
the
catalog that prompted the purchaser's call or in a
substantially similar
catalog issued by the seller.
(14) A political subdivision or instrumentality of the
United States, this state, or any state of the
United States;
(15) A college or university or any other public or private
institution of
higher education in this state;
(16) A public utility as defined in section 4905.02 of the
Revised Code
or a retail natural gas supplier as defined in
section 4929.01 of the Revised Code,
if the utility or
supplier
is subject to regulation by the public
utilities
commission, or
the affiliate
of the utility or supplier;
(17) A travel agency or tour promoter that is registered in
compliance
with section 1333.96 of the Revised Code when
soliciting
within the scope of the agency's or promoter's
registration;
(18) A person that solicits sales through a television
program or
advertisement that is presented in the same market area
no fewer than twenty
days per month or offers for sale no fewer
than ten distinct items of goods or
services; and offers to the
purchaser an unconditional right
to return any good or service
purchased within a period of at least seven days
and to receive a
full refund within thirty days after the purchaser returns
the
good or cancels the service;
(19)(18)(a) A person that, for at least one year, has been
operating
a retail business under the same name as that used in
connection with
telephone solicitation and both of the following
occur on a continuing
basis:
(i) The person either displays goods and offers them for
retail
sale at the person's business premises or offers services
for sale and
provides them at the person's business premises.
(ii) At least fifty-one per cent of the person's
gross
dollar volume of retail sales involves purchases of goods or
services at
the person's business premises.
(b) An affiliate of a person that meets the requirements in
division (B)(19)(18)(a) of
this section if the affiliate meets all of
the following requirements:
(i) The affiliate has operated a retail business for a
period of
less than one year;
(ii) The affiliate either displays goods and offers them for
retail sale at the affiliate's business premises or offers
services for sale
and provides them at the affiliate's business
premises;
(iii) At least fifty-one per cent of the affiliate's gross
dollar
volume of retail sales involves purchases of goods or
services at the
affiliate's business premises.
(c) A person that, for a period of less than one year, has
been
operating a retail business in this state under the same name
as that used in
connection with telephone solicitation, as long as
all of the following
requirements are met:
(i) The person either displays goods and offers them for
retail
sale at the person's business premises or offers services
for sale and
provides them at the person's business premises;
(ii) The goods or services that are the subject of telephone
solicitation are sold at the person's business premises, and at
least
sixty-five per cent of the person's gross dollar volume of
retail sales
involves purchases of goods or services at the
person's business premises;
(iii) The person conducts all telephone solicitation
activities
according to sections 310.3, 310.4, and 310.5 of the
telemarketing sales rule
adopted by the federal trade commission
in 16 C.F.R. part 310.
(20)(19) A person who performs telephone solicitation sales
services on behalf
of other persons and to whom one of the
following applies:
(a) The person has operated under the same ownership,
control, and business
name for at least five years, and the person
receives at least seventy-five
per cent of its gross revenues from
written telephone solicitation contracts
with persons who come
within one of the exemptions in division (B) of this
section.
(b) The person is an affiliate of one or more exempt persons
and
makes telephone solicitations on behalf of only the exempt
persons of which it
is an affiliate.
(c) The person makes telephone solicitations on behalf of
only
exempt persons, the person and each exempt person on whose
behalf telephone
solicitations are made have entered into a
written contract that specifies the
manner in which the telephone
solicitations are to be conducted and that at a
minimum requires
compliance with the telemarketing sales rule adopted by the
federal trade commission in 16 C.F.R.
part 310, and the person
conducts the telephone solicitations in the manner
specified in
the written contract.
(d) The person performs telephone solicitation for religious
or
political purposes, a charitable organization, a fund-raising
council, or a
professional solicitor in compliance with the
registration and reporting
requirements of Chapter 1716. of the
Revised Code; and meets all of the
following requirements:
(i) The person has operated under the same ownership,
control, and
business name for at least five years, and the person
receives at least
fifty-one per cent of its gross revenues from
written telephone solicitation
contracts with persons who come
within the exemption in division
(B)(2) of this section;
(ii) The person does not conduct a prize promotion or offer
the
sale of an investment opportunity; and
(iii) The person conducts all telephone solicitation
activities
according to sections 310.3, 310.4, and 310.5 of the
telemarketing sales rules
adopted by the federal trade commission
in 16 C.F.R. part 310.
(21)(20) A person that is a licensed real estate salesperson or
broker under
Chapter 4735. of the Revised Code when soliciting
within the scope of the person's license;
(22)(21)(a) Either of the following:
(i) A publisher that solicits the sale of the publisher's
periodical or magazine of general, paid circulation, or a person
that solicits
a sale of that nature on behalf of a publisher
under
a written agreement
directly between the publisher and the person.
(ii) A publisher that solicits the sale of the publisher's
periodical or magazine of general, paid circulation, or a person
that solicits
a sale of that nature as authorized by a publisher
under a written agreement
directly
with a publisher's
clearinghouse provided the person is a resident of
Ohio for more
than three years and initiates all telephone
solicitations from
Ohio and the person conducts the solicitation and
sale in
compliance with 16 C.F.R. Part
310, as adopted by the federal
trade commission.
(b) As used in division (B)(22)(21) of this section,
"periodical
or
magazine of general, paid circulation" excludes a periodical or
magazine
circulated only as part of a membership package or given
as a free gift or
prize from the publisher or person.
(23)(22) A person that solicits the sale of food, as defined in
section 3715.01
of the Revised Code, or the sale of products of
horticulture, as defined in
section 5739.01 of the Revised Code,
if the person does not intend the
solicitation to result in, or
the solicitation actually does not result in, a
sale that costs
the purchaser an amount greater than five hundred dollars.
(24)(23) A funeral director licensed pursuant to Chapter 4717.
of the Revised
Code when soliciting within the scope of that
license, if both of the
following apply:
(a) The solicitation and sale are conducted in compliance
with 16 C.F.R. part
453, as adopted by the federal trade
commission, and with sections 1107.33 and
1345.21 to 1345.28 of
the Revised Code;
(b) The person provides to the purchaser of any preneed
funeral
contract a notice that clearly and conspicuously sets
forth the cancellation
rights specified in division (G) of section
1107.33 of the Revised Code, and
retains a copy of the notice
signed by the purchaser.
(25)(24) A person, or affiliate thereof, licensed to sell or
issue
Ohio instruments designated as travelers checks pursuant to
sections
1315.01 to 1315.11 of the Revised Code.
(26)(25) A person that solicits sales from its previous
purchasers and meets
all of the following requirements:
(a) The solicitation is made under the same business name
that
was previously used to sell goods or services to the
purchaser;
(b) The person has, for a period of not less than three
years,
operated a business under the same business name as that
used in connection
with telephone solicitation;
(c) The person does not conduct a prize promotion or offer
the
sale of an investment opportunity;
(d) The person conducts all telephone solicitation
activities
according to sections 310.3, 310.4, and 310.5 of the
telemarketing sales rules
adopted by the federal trade commission
in 16 C.F.R. part 310;
(e) Neither the person nor any of its principals has been
convicted of, pleaded guilty to, or has entered a plea of no
contest for a
felony or a theft offense as defined in sections
2901.02 and 2913.01 of the
Revised Code or similar law of another
state or of the United States;
(f) Neither the person nor any of its principals has had
entered
against them an injunction or a final judgment or order,
including an agreed
judgment or order, an assurance of voluntary
compliance, or any similar
instrument, in any civil or
administrative action involving engaging in a
pattern of corrupt
practices, fraud, theft, embezzlement, fraudulent
conversion, or
misappropriation of property; the use of any untrue, deceptive,
or
misleading representation; or the use of any unfair, unlawful,
deceptive,
or unconscionable trade act or practice.
(27)(26) An institution defined as a home health agency in
section 3701.88
of the Revised Code, that conducts all telephone
solicitation activities according to
sections 310.3, 310.4, and
310.5 of the telemarketing sales rules adopted by
the federal
trade commission in 16 C.F.R. part 310,
and engages in telephone
solicitation only within the scope of the
institution's
certification, accreditation, contract with the department of
aging, or status as a home health agency; and that meets one of
the following
requirements:
(a) The institution is certified as a provider of home
health
services under Title XVIII of the Social
Security Act, 49
Stat. 620, 42
U.S.C. 301, as amended; and is registered with the
department of health pursuant to division (B) of section 3701.88
of the Revised Code;
(b) The institution is accredited by either the joint
commission
on accreditation of health care organizations or the
community health
accreditation program;
(c) The institution is providing passport services
under the
direction of the Ohio department of aging under section
173.40 of
the Revised Code;
(d) An affiliate of an institution that meets the
requirements of
division (B)(27)(26)(a), (b), or
(c) of this section
when offering for sale substantially the same
goods and services
as those that are offered by the institution that meets the
requirements of division (B)(27)(26)(a), (b),
or (c) of this section.
(28)(27) A person licensed to provide a hospice care program by
the department
of health pursuant to section 3712.04 of the
Revised Code when conducting
telephone
solicitations within the
scope of the person's license and according to
sections 310.3,
310.4, and 310.5 of the telemarketing sales rules adopted by
the
federal trade commission in 16 C.F.R. part 310.
Sec. 4723.06. (A) The board of nursing shall:
(1) Administer and enforce the provisions of this chapter,
including the taking of disciplinary action for violations of
section 4723.28 of the Revised Code, any other provisions of this
chapter, or rules adopted under this chapter;
(2) Develop criteria that an applicant must meet
to be
eligible to sit for the examination for licensure to practice as a
registered nurse or as a licensed practical nurse;
(3) Issue and renew nursing licenses and dialysis technician
certificates, as
provided in this chapter;
(4) Define the minimum curricula and standards for
educational programs of the schools of professional nursing and
schools of practical nursing in this state;
(5) Survey, inspect, and grant full approval to
prelicensure
nursing education programs that
meet the standards established by
rules adopted under section
4723.07 of the Revised Code.
Prelicensure nursing education
programs include, but are not
limited to, associate degree,
baccalaureate degree, diploma, and
doctor of nursing programs
leading to initial licensure to
practice nursing as a registered
nurse and practical nurse
programs leading to initial licensure
to practice nursing as a
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of
the
board, to a new prelicensure nursing education program or a
program that is being
reestablished after having ceased to
operate, if the program meets and
maintains
the minimum standards
of the
board established by rules adopted under section 4723.07 of
the
Revised Code. If the board does not grant conditional
approval,
it shall hold an adjudication under Chapter 119. of
the
Revised Code to
consider conditional approval of the program. If
the board grants conditional approval, at its first meeting after
the first class has completed the program, the board shall
determine whether to grant full approval to the program. If the
board
does not
grant full approval or if it
appears that the
program has failed to meet and maintain
standards established by
rules adopted under section 4723.07 of
the Revised Code, the board
shall hold an adjudication
under Chapter
119. of the Revised Code
to consider the program. Based on
results of the adjudication,
the board may continue or
withdraw
conditional approval, or grant
full approval.
(7) Place on provisional approval, for a period of time
specified by the board, a program that has ceased
to meet and
maintain the minimum standards of the board
established by rules
adopted under section 4723.07 of the Revised
Code. At the end of
the period, the board shall reconsider
whether the program meets
the standards and
shall
grant full approval if it does. If it
does not, the board may
withdraw approval, pursuant to an
adjudication under
Chapter 119. of
the Revised Code.
(8) Approve continuing nursing education programs and
courses under standards established in rules adopted under
section
4723.07 of the Revised Code;
(9) Approve peer support programs, under rules
adopted under
section 4723.07 of the Revised Code, for nurses and for dialysis
technicians;
(10) Establish a program for monitoring
chemical dependency
in
accordance with section 4723.35 of the Revised Code;
(11) Establish the practice intervention and improvement
program in
accordance with section 4723.282 of the Revised Code;
(12) Issue and renew certificates of authority to practice
nursing
as a
certified registered nurse anesthetist, clinical
nurse specialist, certified
nurse-midwife, or certified nurse
practitioner;
(13) Approve under section 4723.46 of the
Revised Code
national certifying organizations for examination and
certification of
certified registered nurse anesthetists, clinical
nurse specialists, certified
nurse-midwives, or certified nurse
practitioners;
(14) Issue and renew certificates to prescribe in accordance
with
sections 4723.48 and 4723.485 of the Revised Code;
(15) Grant approval to the planned classroom and clinical
study required by section 4723.483 of the Revised Code to be
eligible for a certificate to prescribe;
(16) Make an annual edition of
the formulary established in
rules adopted under section
4723.50 of the Revised Code available
to the public either
in printed form or by electronic means and,
as soon as possible after
any revision of the formulary becomes
effective, make the
revision available to the public in printed
form or by
electronic means;
(17) Provide guidance and make recommendations to the
general assembly,
the governor, state agencies, and the federal
government with respect to the
regulation of the practice of
nursing and the enforcement of this chapter;
(18) Make an annual report to the governor, which shall be
open for public inspection;
(19) Maintain and have open for public inspection the
following records:
(a) A record of all its meetings and proceedings;
(b) A file of holders of nursing licenses,
registrations,
and certificates granted under this chapter and dialysis
technician certificates granted under this chapter. The file
shall be
maintained in the form prescribed by rule of the board.
(c) A list of prelicensure nursing education programs
approved by the board;
(d) A list of approved peer support programs for nurses and
dialysis
technicians.
(B) The board may fulfill the requirement of division
(A)(8)
of this section by authorizing persons who meet the
standards
established in rules adopted under
section 4723.07 of the Revised
Code to approve continuing nursing
education programs and courses.
Persons so authorized shall
approve continuing nursing education
programs and courses in
accordance with standards established in
rules adopted under
section 4723.07 of the Revised Code.
Persons seeking authorization to approve continuing nursing
education programs and courses shall apply to the board and pay
the appropriate fee established under section 4723.08 of the
Revised Code. Authorizations to approve continuing nursing
education programs and courses shall expire, and may be renewed
according to the schedule established in rules adopted under
section 4732.07 of the Revised Code.
In addition to approving continuing nursing education programs under division (A)(8) of this section, the board may sponsor continuing education activities.
Sec. 4723.08. (A) The board of nursing may impose fees
not
to exceed the following limits:
(1) For application for licensure by examination to
practice
nursing as a registered nurse or as a licensed practical
nurse,
fifty seventy-five dollars;
(2) For application for licensure by endorsement to
practice
nursing as a registered nurse or as a licensed practical
nurse,
fifty seventy-five dollars;
(3) For application for a certificate of authority to
practice nursing
as a certified registered nurse anesthetist,
clinical nurse specialist,
certified nurse-midwife, or certified
nurse practitioner, one hundred
dollars;
(4) For application for a temporary dialysis technician
certificate, the
amount specified in rules adopted under section
4723.79 of the Revised Code;
(5) For application for a full dialysis technician
certificate, the amount
specified in rules adopted under section
4723.79 of the Revised Code;
(6) For application for a certificate to prescribe, fifty
dollars;
(7) For verification of a nursing license, certificate of
authority, or dialysis technician certificate to another
jurisdiction, fifteen dollars;
(8) For providing a replacement copy of a nursing
license,
certificate of authority, or certificate to prescribe, dialysis technician certificate,
fifteen intravenous therapy card, or frameable certificate, twenty-five dollars;
(9) For biennial renewal of a nursing license
that expires
on or before after August 31, 2003,
thirty-five but before August 31, 2004, forty-five
dollars;
(10)
For biennial renewal of a nursing license that expires
on or after
September 1, 2003, forty-five August 31, 2004, sixty-five dollars;
(11) For biennial renewal of a certificate of authority to
practice nursing as a certified registered nurse anesthetist,
clinical nurse specialist, certified nurse mid-wife, or certified
nurse practitioner that expires on or before August 31, 2005, one
hundred dollars;
(12) For biennial renewal of a certificate of
authority
to
practice
nursing as a certified registered nurse anesthetist,
clinical nurse
specialist,
certified nurse-midwife, or certified
nurse practitioner
that expires on or after September 1, 2005,
eighty-five dollars;
(13) For renewal of a certificate to prescribe,
fifty
dollars;
(14) For biennial renewal of a dialysis technician
certificate, the amount specified in rules adopted under section
4723.79 of
the Revised Code;
(15) For processing a late application for renewal of a
nursing
license, certificate of authority, or dialysis technician
certificate, fifty
dollars;
(16) For application for authorization to approve
continuing
nursing education programs and courses from an
applicant
accredited by a national accreditation system for
nursing, five
hundred dollars;
(17) For application for authorization to approve
continuing
nursing education programs and courses from an
applicant not
accredited by a national accreditation system for
nursing, one
thousand dollars;
(18) For each year for
which authorization to approve
continuing nursing education programs and courses is renewed,
one
hundred fifty dollars;
(19) For application for approval to operate a dialysis
training program, the amount specified in rules adopted under
section 4723.79
of the Revised Code;
(20) For reinstatement of a lapsed
nursing license,
certificate of authority,
or dialysis technician certificate, one
hundred dollars;
(21) For written verification of a nursing license,
certificate of authority, or dialysis technician certificate,
other than
verification to another jurisdiction, five dollars.
The
board may contract
for services pertaining to this
verification
process and the collection of the fee, and may
permit
the
contractor to retain a portion of the fees as
compensation,
before
any amounts are deposited into the state
treasury.
(22) For processing a check returned to the board by a
financial institution as noncollectible, twenty-five dollars;
(23) For issuance of an intravenous therapy card to an individual authorized under section 4723.17 of the Revised Code to provide intravenous therapy, twenty-five dollars;
(24) For out-of-state survey visits of nursing education programs operating in Ohio, two thousand dollars.
(B) Each quarter, for purposes of transferring funds under
section 4743.05
of the Revised Code to the nurse education
assistance fund created in section 3333.28
of the Revised Code,
the board of nursing shall certify to
the director of budget and
management the number of biennial
licenses renewed under this
chapter during the
preceding quarter
and the amount equal to that
number times five
dollars.
(C) The board may charge a participant in a board-sponsored continuing education activity an amount not exceeding fifteen dollars for each activity.
Sec. 4723.082. All (A) Except as provided in section 4723.062 of the Revised Code and division (B) of this section, all receipts of the board
of nursing,
from
any source, shall be deposited in the state treasury to the credit
of the
occupational licensing and regulatory fund. All
(B) All receipts from board-sponsored continuing education activities shall be deposited in the state treasury to the credit of the special nursing issue fund created by section 4723.062 of the Revised Code.
(C) All vouchers
of the board shall
be approved by the board president or executive
director, or
both, as authorized by the board.
Sec. 4725.44. (A) The Ohio optical dispensers board shall
be responsible for
the administration of sections 4725.40 to
4725.59 of the Revised Code and, in
particular, shall process
applications for licensure as licensed dispensing
opticians and licensed ocularists;
schedule, administer, and supervise the qualifying examinations
for
licensure
or contract with a testing service to schedule,
administer, and supervise the qualifying examination for
licensure; issue licenses to qualified individuals; revoke and
suspend
licenses; and maintain adequate records with respect to
its operations and
responsibilities.
(B) The board shall adopt, amend, or rescind rules, pursuant
to Chapter 119.
of the Revised Code, for the licensure of
dispensing opticians, and ocularists and such other
rules as are required by or
necessary to carry out the responsibilities imposed
by sections
4725.40 to 4725.59 of the Revised Code. In the rules, the board shall specify the amount to be charged for each type of fee established under sections 4725.40 to 4725.59 of the Revised Code. All rule-making actions of the board shall be taken in accordance with Chapter 119. of the Revised Code.
(C) The board shall have no authority to adopt rules
governing the employment
of dispensing opticians, the location or
number of optical stores, advertising
of optical products or
services, or the manner in which such products can be
displayed.
Sec. 4725.45. (A) The Ohio optical dispensers board shall
employ an executive secretary-treasurer, who shall serve at the
pleasure of the board. Before entering upon the discharge of the
duties imposed upon the executive secretary-treasurer by
sections 4725.40 to 4725.59 of the
Revised Code or by the board, the executive secretary-treasurer
shall give a bond, with sufficient sureties, in an amount to be
determined by the board for the faithful discharge of the duties
of the office of executive secretary-treasurer. The
premium for such bond shall be paid as are
other expenditures of the board. Such bond, with the approval of
the board and oath of office endorsed thereon, shall be deposited
with the secretary of state and kept in the secretary of state's office.
(B) The executive secretary-treasurer shall perform such
duties as are prescribed by the board.
(C) The board may employ such additional employees as may
be necessary for the administration and enforcement of sections
4725.40 to 4725.59 of the Revised Code.
(D) All receipts of the board shall be deposited in the
state treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be approved by
the president of the board and the executive secretary-treasurer.
(E) The board, subject to the approval of the controlling
board, may establish examination and license renewal fees in
excess of the amounts provided specified in sections 4725.48, 4725.49, and
4725.51 of the Revised Code rules adopted by the board, provided that such fees do not
exceed those amounts by more than fifty per cent.
Sec. 4725.48. (A) Any person who desires to engage in
optical dispensing, except as provided in section 4725.47 of the
Revised Code, shall file a properly completed written application
for an examination with the Ohio optical dispensers board or with
the testing
service the board has contracted with pursuant to
section 4725.49 of the
Revised Code. The application
for
examination shall be made on a form provided by the board
or
testing service and shall be accompanied by an the examination fee specified in rules adopted by the
board
shall establish by rule. Applicants must return the
application to the board
or testing service at least sixty days
prior to the date the examination is
scheduled to be administered.
(B) Except as provided in section 4725.47 of the Revised
Code, any person who desires to engage in optical dispensing shall
file with the board a properly completed written application for a license with
the board with. The application shall be accompanied by the appropriate license fee as set forth under
section 4725.50 of the Revised Code specified in rules adopted by the board.
No person shall be eligible to
apply for
a license under
this division, unless
the person is at least
eighteen years
of
age,
is of
good moral character,
is free of
contagious or
infectious disease,
has received a passing
score, as determined
by the board, on the examination administered
under division (A)
of this section, is a graduate of an accredited
high school of any
state, or has
received an
equivalent education
and
has
successfully completed either of
the
following:
(1) Two years of supervised experience under a licensed
dispensing optician, optometrist, or physician engaged in the
practice of ophthalmology, up to one year of which may be
continuous experience of not less than thirty hours a week in an
optical laboratory;
(2) A two-year college level program in optical dispensing
that has been approved by the board and that includes, but is not
limited to, courses of study in mathematics, science, English,
anatomy and physiology of the eye, applied optics, ophthalmic
optics, measurement and inspection of lenses, lens grinding and
edging, ophthalmic lens design, keratometry, and the fitting and
adjusting of spectacle lenses and frames and contact lenses,
including methods of fitting contact lenses and post-fitting
care.
(C)
Any person who desires to obtain a license to practice
as
an ocularist
shall file a properly completed written
application
with the board accompanied
by the appropriate application fee specified in rules adopted by the board and
proof that
the applicant has met the requirements
for licensure.
The board
shall establish, by rule, the application fee and
the
minimum
requirements for licensure, including education,
examination, or
experience standards recognized by the board as
national standards
for
ocularists. The board shall issue a
license to practice as an
ocularist to an
applicant who satisfies
the requirements of this
division and the board's rules adopted
pursuant to
this division for licensure of ocularists.
Sec. 4725.50. (A) Except for a person who qualifies for licensure as an
ocularist, each person who qualifies for licensure
under sections 4725.40 to 4725.59 of the Revised Code shall
receive from the Ohio optical dispensers board, under its seal, a
certificate of licensure entitling him the person to practice as
a licensed
spectacle dispensing optician, licensed contact lens dispensing
optician, or a licensed spectacle-contact lens dispensing
optician. The appropriate certificate of licensure shall be
issued by the board no later than sixty days after it has
notified the applicant of his the applicant's approval for
licensure.
(B) The licensure fee shall be fifty dollars for
applications submitted in January through March; thirty-seven
dollars and fifty cents, in April through June; twenty-five
dollars, in July through September; and twelve dollars and fifty
cents, in October through December.
(C) Each licensed dispensing optician shall display his the
licensed dispensing optician's
certificate of licensure in a conspicuous place in his the licensed
dispensing optician's office or
place of business. If a licensed dispensing optician maintains
more than one office or place of business, he the licensed
dispensing optician shall display a
duplicate copy of such certificate at each location. The board
shall issue duplicate copies of the appropriate certificate of
licensure for this purpose upon the filing of an application form
therefor and the payment of a five-dollar the fee for each duplicate
copy specified in rules adopted by the board.
Sec. 4725.51. (A) Each license issued under sections
4725.40 to 4725.59 of the Revised Code shall expire on the first
day of January in the year after it was issued. Each person
holding a valid, current license may apply to the Ohio optical
dispensers board for the extension of the license under the
standard renewal procedures of Chapter 4745. of the
Revised Code. Each application for renewal shall be accompanied
by a the renewal fee specified in rules adopted by the board shall establish by rule and shall contain evidence
that the
applicant has completed a continuing education program within the
immediately preceding one-year period as follows:
(1) Licensed spectacle dispensing opticians shall have
pursued four hours of study in spectacle dispensing, approved by
the board;
(2) Licensed contact lens dispensing opticians shall have
pursued eight hours of study in contact lens dispensing, approved
by the board.
(3) Licensed spectacle-contact lens dispensing opticians
shall have pursued courses of study under divisions (A)(1) and
(2) of this section.
(4) Licensed ocularists shall have pursued courses of study as prescribed by
rule of the board.
(B) No person who fails to renew his the person's license under
division (A) of this section shall be required to take a
qualifying examination under section 4725.48 of the Revised Code
as a condition of renewal, provided that the application for
renewal and proof of the requisite continuing education hours are
submitted within ninety days from the date the license expired
and the applicant pays the annual renewal fee and a penalty of
seventy-five dollars the late renewal fee specified in rules adopted by the board. The board may provide, by rule, for an
extension of the grace period for licensed dispensing opticians
who are serving in the armed forces of the United States and for
waiver of the continuing education requirements or the penalty in
cases of hardship or illness.
(C) The board shall approve continuing education programs and shall adopt
rules as necessary for approving the programs. Approved programs shall be
scheduled, sponsored, and conducted in accordance with the board's rules.
Sec. 4725.52. Any licensed dispensing optician may
supervise a maximum of three apprentices who shall be permitted
to engage in optical dispensing only under the supervision of the
licensed dispensing optician.
A person serving as an apprentice shall register annually
with the Ohio optical dispensers board either on a form provided
by the board or in the form of a statement giving the name and
address of the supervising licensed dispensing optician, the
location at which the apprentice will be employed, and any other
information required by the board. Each registrant shall pay a the
registration fee of ten dollars specified in rules adopted by the board.
A person who is gaining experience under the supervision of
a licensed optometrist or ophthalmologist that would qualify him
the person under division (B)(1) of section 4725.48 of the Revised Code
to
take the examination for optical dispensing is not required to
register with the board.
Sec. 4725.57. An applicant for licensure as a licensed dispensing optician
who
is licensed or registered in another state shall be accorded the full
privileges of practice within this state, upon the payment of a seventy-five
dollar the license endorsement fee specified in rules adopted by the board and the submission of a certified copy of the license or
certificate
issued by such other state, without the necessity of examination, if the board
determines that the applicant meets the criteria of division (A) of section
4725.48 of the Revised Code and further determines that the educational
background or experience of the applicant satisfies the same requirements of that must be met to be eligible to apply for a license under
division (B) of section 4725.48 of the Revised Code.
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of
the Revised Code:
(A)(1) "Clinical laboratory services" means either of the following:
(a) Any examination of materials derived from the human
body for the purpose of providing information for the diagnosis,
prevention, or treatment of any disease or impairment or for the
assessment of health;
(b) Procedures to determine, measure, or otherwise
describe the presence or absence of various substances or
organisms in the body.
(2) "Clinical laboratory services" does not include the
mere collection or preparation of specimens.
(B) "Designated health services" means any of the
following:
(1) Clinical laboratory services;
(2) Home health care services;
(3) Outpatient prescription drugs.
(C) "Fair market value" means the value in arms-length
transactions, consistent with general market value and:
(1) With respect to rentals or leases, the value of rental
property for general commercial purposes, not taking into account
its intended use;
(2) With respect to a lease of space, not adjusted to
reflect the additional value the prospective lessee or lessor
would attribute to the proximity or convenience to the lessor if
the lessor is a potential source of referrals to the lessee.
(D) "Governmental health care program" means
any program
providing health care benefits that is administered by the
federal government, this state, or a political subdivision of
this state, including the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, health care coverage for public
employees, health care benefits administered by the bureau of
workers' compensation, the medical assistance program established
under Chapter 5111. of the Revised Code, and the disability assistance medical
assistance program established
under Chapter 5115. of the Revised Code.
(E)(1) "Group practice" means a group of two
or more
holders of certificates under this chapter legally organized as a
partnership, professional corporation or association, limited liability
company, foundation, nonprofit corporation, faculty practice plan,
or similar group practice entity, including an organization comprised of a
nonprofit medical clinic that contracts with a professional
corporation or association of physicians to provide medical
services exclusively to patients of the clinic in order to comply
with section 1701.03 of the Revised Code
and including a corporation, limited liability company,
partnership, or professional association described in division
(B) of section 4731.226 of the Revised Code formed
for the purpose of providing a combination of the professional services of
optometrists who are licensed, certificated, or otherwise legally authorized
to practice optometry under Chapter 4725. of the Revised
Code, chiropractors who
are licensed, certificated, or otherwise legally authorized to practice
chiropractic under Chapter 4734. of the Revised Code,
psychologists who are licensed, certificated, or
otherwise legally authorized to practice psychology under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses who are licensed, certificated, or otherwise
legally authorized to practice nursing under
Chapter 4723. of the Revised Code,
pharmacists who are licensed,
certificated, or otherwise legally authorized to practice
pharmacy under Chapter 4729. of
the Revised Code, physical
therapists who are licensed, certificated, or otherwise legally
authorized to practice physical therapy under sections 4755.40
to 4755.53 of the Revised
Code,
mechanotherapists who are licensed, certificated, or
otherwise legally authorized to practice mechanotherapy under
section 4731.151 of the Revised
Code,
and doctors of
medicine and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery who are licensed, certificated, or otherwise legally authorized
for their respective practices under this chapter, to which all of the
following apply:
(a) Each physician who is a member of the group practice
provides substantially the full range of services that the
physician routinely provides, including medical care,
consultation, diagnosis, or treatment, through the joint use of
shared office space, facilities, equipment, and personnel.
(b) Substantially all of the services of the members of the group are
provided
through the group and
are billed in the name of the group and amounts so received are
treated as receipts of the group.
(c) The overhead expenses of and the income from the
practice are distributed in accordance with methods previously
determined by members of the group.
(d) The group practice meets any other requirements that
the state medical board applies in rules adopted under section
4731.70 of the Revised Code.
(2) In the case of a faculty practice plan associated with
a hospital with a medical residency training program in which
physician members may provide a variety of specialty services and
provide professional services both within and outside the group,
as well as perform other tasks such as research, the criteria in
division (E)(1) of this section apply only
with respect to
services rendered within the faculty practice plan.
(F) "Home health care services" and
"immediate family" have the same meanings as in
the rules adopted under section 4731.70 of the Revised Code.
(G) "Hospital" has the same meaning as in section
3727.01 of the Revised Code.
(H) A "referral" includes both of the following:
(1) A request by a holder of a certificate under this
chapter for an item or service, including a request for a
consultation with another physician and any test or procedure
ordered by or to be performed by or under the supervision of the
other physician;
(2) A request for or establishment of a plan of care by a
certificate holder that includes the provision of designated health services.
(I) "Third-party payer" has the same meaning
as in section 3901.38 of the Revised Code.
Sec. 4731.71. The auditor of state may implement procedures
to
detect violations of section 4731.66 or 4731.69 of the Revised
Code within
governmental health care programs administered by the
state. The auditor of
state shall report any violation of either
section to the state medical board
and shall certify to the
attorney general in accordance with section 131.02 of
the Revised
Code the amount of any refund owed to a state-administered
governmental health care program under section 4731.69 of the
Revised Code as
a result of a violation. If a refund is owed to
the medical assistance
program established under Chapter 5111. of
the Revised Code or the disability
assistance medical assistance
program established under Chapter 5115. of the
Revised Code, the
auditor of state also shall
report the amount to the department of
commerce.
The state medical board also may implement procedures to
detect violations
of section 4731.66 or 4731.69 of the Revised
Code.
Sec. 4734.15. (A) The license provided for
in this
chapter
shall entitle the holder thereof to practice chiropractic
in this
state. All of the
following apply to the practice of
chiropractic in this state:
(1) A chiropractor
is authorized to examine, diagnose, and
assume responsibility for
the care of patients, any or all of
which is included in the practice of
chiropractic.
(2) The practice of chiropractic does not permit the
chiropractor to treat infectious, contagious, or venereal
disease,
to perform surgery or acupuncture, or to prescribe or
administer
drugs for treatment.
(3) A chiropractor may use roentgen rays
only for
diagnostic purposes.
(4) The practice of chiropractic does
not include the
performance of abortions.
(B) An individual holding a valid, current license to
practice chiropractic is entitled to use
the
title
"doctor,"
"doctor of chiropractic,"
"chiropractic physician," or
"chiropractic" and is a
"physician"
for the purposes of Chapter
4123. of the Revised Code and the
medicaid program operated
pursuant to Chapter 5111. of the Revised Code.
Sec. 4736.12. (A) The state board of sanitarian
registration shall charge the following fees:
(1) To apply as a sanitarian-in-training,
fifty-seven
seventy-five dollars;
(2) For sanitarians-in-training to apply for registration
as
sanitarians,
fifty-seven seventy-five dollars. The applicant
shall
pay this
fee only once regardless of the number of times the
applicant
takes
an examination required under section 4736.08 of
the Revised
Code.
(3) For persons other than sanitarians-in-training to
apply
for registration as sanitarians, including persons meeting
the
requirements of section 4736.16 of the Revised Code, one
hundred
fourteen fifty dollars. The
applicant shall pay this fee only once
regardless of the number
of times the applicant takes an
examination required under section
4736.08 of the Revised Code.
(4) The renewal fee for registered sanitarians shall be
fixed by the board and shall not exceed
sixty-one
sixty-nine dollars.
(5) The renewal fee for sanitarians-in-training shall be
fixed by the board and shall not exceed
sixty-one
sixty-nine dollars.
(6) For late application for renewal, twenty-five dollars.
The board of sanitarian registration, with the approval of
the controlling board, may establish fees in excess of the
amounts
provided in this section, provided that such fees do not
exceed
the amounts permitted by this section by more than fifty
per cent.
(B) The board of sanitarian registration shall charge
separate fees for examinations as required by section 4736.08 of
the Revised Code, provided that the fees are not in excess of the
actual cost to the board of conducting the examinations.
(C) The board of sanitarian registration may adopt rules
establishing fees for all of the following:
(1) Application for the registration of a training agency
approved under
rules adopted by the board pursuant to section
4736.11 of the Revised Code and for the annual
registration
renewal of an approved training agency.
(2) Application for the review of continuing education hours
submitted for
the board's approval by approved training agencies
or by registered
sanitarians or sanitarians-in-training.
Sec. 4741.17. (A) Applicants or registrants shall pay to
the state veterinary medical licensing board:
(1) For an initial veterinary license based on
examination, on or after the first day of March in an
even-numbered year, three hundred seventy-five dollars,
and on or after the first day of March in an odd-numbered
year, two hundred fifty dollars;
(2) For a veterinary license by reciprocity issued on or after the
first day of March in an even-numbered year,
four hundred twenty-five dollars, and on or after the first day of
March in an odd-numbered year, three hundred dollars;
(3) For a veterinary temporary permit, one hundred dollars;
(4) For a duplicate license, thirty-five dollars;
(5) For the veterinary biennial renewal fee, where the application is
postmarked no later than the first day of March, one two hundred
fifty-five dollars; where the application is
postmarked
after
the first day of March, but no later than the first day of April,
two hundred twenty-five seventy-five dollars;
and where the
application is
postmarked after the first day of April, four hundred
fifty
dollars;
(6) For an initial registered veterinary technician registration fee on or
after the first day of March in an odd-numbered year, thirty-five
dollars, and on or after the first day of March in an even-numbered
year, twenty-five dollars;
(7) For the biennial renewal registration fee of a
registered
veterinary technician, where the application is postmarked no
later than the first day of March, thirty-five forty-five
dollars;
where the
application is postmarked after the first day of March, but no
later than the first day of April, forty-five fifty-five dollars;
and where the
application is postmarked after the first day of April,
sixty sixty-five dollars;
(8) For a specialist certificate, fifty dollars. The
certificate is not subject to renewal.
(9) For the reinstatement of a suspended license,
seventy-five
dollars;
(10) For examinations offered by the board, a fee, which
shall be
established by the board, in an amount adequate to cover the expense of
procuring, administering, and scoring examinations.
(B) The board, subject to the approval of the controlling
board, may establish fees in excess of the amounts provided in
this section, provided that the fees do not exceed the amounts
permitted by this section by more than fifty per cent.
(C) For the purposes of divisions (A)(5) and (7) of this
section, a date stamp of the office of the board may serve in
lieu of a postmark.
Sec. 4743.05. Except as otherwise provided in
sections
4701.20 and 4729.65 of the Revised Code, all money
collected
under
Chapters 3773., 4701., 4703., 4709., 4713., 4715.,
4717.,
4723.,
4725.,
4729., 4732., 4733., 4734., 4736., 4741.,
4753.,
4755.,
4757.,
4758., 4759., and 4761., 4771., and 4779.
of the Revised Code, and
until
December
31, 2004, money
collected under Chapter 4779. of
the
Revised
Code,
shall
be paid into the state treasury to the
credit
of the
occupational
licensing and regulatory fund, which is
hereby
created for use in
administering such chapters.
At the end of each quarter, the director of budget and
management shall
transfer
from the occupational licensing and
regulatory fund to the nurse
education assistance fund created in
section 3333.28
of the Revised Code the amount certified to the
director
under division (B) of section 4723.08 of the Revised
Code.
At
the end of
each quarter, the director shall transfer
from
the
occupational licensing and regulatory fund to the
certified
public
accountant education assistance fund created in
section
4701.26 of
the Revised Code the amount certified to the
director
under
division
(H)(2) of section 4701.10 of the Revised
Code.
Sec. 4747.05. (A) The hearing aid dealers and fitters
licensing board shall issue to each applicant, within sixty days
of receipt of a properly completed application and payment of two
hundred fifty sixty-two dollars, a hearing aid dealer's or fitter's license if
the applicant, if an individual:
(1) Is at least eighteen years of age;
(2) Is a person of good moral character;
(3) Is free of contagious or infectious disease;
(4) Has successfully passed a qualifying examination
specified and administered by the board.
(B) If the applicant is a firm, partnership, association,
or corporation, the application, in addition to such information
as the board requires, shall be accompanied by an application for
a license for each person, whether owner or employee, of the
firm, partnership, association, or corporation, who engages in
dealing in or fitting of hearing aids, or shall contain a
statement that such applications are submitted separately. No
firm, partnership, association, or corporation licensed pursuant
to this chapter shall permit any unlicensed person to sell or fit
hearing aids.
(C) Each license issued expires on the thirtieth day of January
of the year following that in which it was issued.
Sec. 4747.06. (A) Each person engaged in the practice of
dealing in or fitting of hearing aids who holds a valid hearing
aid dealer's or fitter's license shall apply annually to the
hearing aid dealers and fitters licensing board for renewal of
such license under the standard renewal procedure specified in
Chapter 4745. of the Revised Code. The board shall issue to each
applicant, on proof of completion of the continuing education required by
division (B) of this section and payment of one hundred
fifty fifty-seven dollars on or
before the first day of February, one hundred seventy-five
eighty-three dollars on or before the first day of March, or two hundred
ten dollars thereafter, a renewed hearing aid dealer's or
fitter's license. No person who applies for renewal of a hearing aid
dealer's or fitter's license that has expired shall be required
to take any examination as a condition of renewal provided
application for renewal is made within two years of the date such
license expired.
(B) Each person engaged in the practice of
dealing in or fitting of hearing aids who holds a valid hearing aid dealer's
or
fitter's license shall complete each year not less than ten hours of
continuing
professional education approved by the board. On a form provided by the
board,
the person shall certify to the board, at the time of license renewal pursuant
to division (A) of this section, that in the
preceding year the person has completed continuing education in compliance
with this division and shall submit any additional information required by
rule of
the board regarding the continuing education. The board shall adopt rules in
accordance with Chapter 119. of the
Revised Code
establishing the standards continuing education programs must meet to obtain
board approval and continuing education reporting requirements.
Continuing education may be applied
to meet the requirement of this division if it is provided or certified by any
of the following:
(1) The national institute of hearing instruments studies committee of
the international hearing society;
(2) The American speech-language
hearing association;
(3) The American academy of audiology.
The board may excuse persons
licensed under this chapter, as a group or as individuals, from all or any
part of the requirements of this division because of an unusual circumstance,
emergency, or special hardship.
Sec. 4747.07. Each person who holds a hearing aid dealer's or fitter's
license
and engages in the practice of dealing in and fitting of hearing aids shall
display such license in a conspicuous place in the person's
office or place of business at all times. Each person who maintains more than
one office or place of business shall post a duplicate copy of the license at
each location. The hearing aid dealers and fitters licensing board shall
issue duplicate copies of
a license upon receipt of a properly completed application and payment of
fifteen sixteen dollars for each copy requested.
Sec. 4747.10. Each person currently engaged in training to
become a licensed hearing aid dealer or fitter shall apply to the
hearing aid dealers and fitters licensing board for a hearing aid
dealer's and fitter's trainee permit. The board shall issue to
each applicant within thirty days of receipt of a properly
completed application and payment of one hundred fifty dollars, a
trainee permit if such applicant is:
(A) At least eighteen years of age;
(B) The holder of a diploma from an accredited high
school, or possesses an equivalent education;
(C) A person of good moral character;
(D) Free of contagious or infectious disease.
Each trainee permit issued by the board expires one year
from the date it was first issued, and may be renewed once if the
trainee has not successfully completed the qualifying
requirements for licensing as a hearing aid dealer or fitter
before the expiration date of such permit. The board shall issue
a renewed permit to each applicant upon receipt of a properly
completed application and payment of one hundred five dollars. No
person holding a trainee permit shall engage in the practice of
dealing in or fitting of hearing aids except while under
supervision by a licensed hearing aid dealer or fitter.
Sec. 4751.06. (A) An applicant for licensure as a nursing
home administrator who has successfully completed the
requirements of section 4751.05 of the Revised Code, passed
the examination administered by the board of
examiners of nursing
home administrators or a government or private entity under contract with
the board, and paid to the board an original license fee of two
hundred ten fifty dollars shall be issued a license on a form provided
by the board. Such license shall certify that the applicant has
met the licensure requirements of Chapter 4751. of the Revised
Code and is entitled to practice as a licensed nursing home
administrator.
(B) A temporary license for a period not to exceed one
hundred eighty days may be issued to an individual temporarily
filling the position of a nursing home administrator vacated by
reason of death, illness, or other unexpected cause, pursuant to
regulations adopted by the board.
(C) The fee for a temporary license is one hundred
dollars. Said fee must accompany the application for the
temporary license.
(D) Any license or temporary license issued by the board
pursuant to this section shall be under the hand of the
chairperson and the secretary of the board.
(E) A duplicate of the original certificate of
registration or license may be secured to replace one that has
been lost or destroyed by submitting to the board a notarized
statement explaining the conditions of the loss, mutilation, or
destruction of the certificate or license and by paying a fee of
twenty-five dollars.
(F) A duplicate certificate of registration and license
may be issued in the event of a legal change of name by
submitting to the board a certified copy of the court order or
marriage license establishing the change of name, by returning at
the same time the original license and certificate of
registration, and by paying a fee of twenty-five dollars.
Sec. 4751.07. (A) Every individual who holds a valid
license as a nursing home administrator issued under division (A)
of section 4751.06 of the Revised Code, shall immediately upon
issuance thereof be registered with the board of examiners of
nursing home administrators and be issued a certificate of
registration. Such individual shall annually apply to the board
for a new certificate of registration on forms provided for such
purpose prior to the expiration of the certificate of
registration and shall at the same time submit satisfactory
evidence to the board of having attended such continuing
education programs or courses of study as may be prescribed in
rules adopted by the board.
(B) Upon making an application for a new certificate of
registration such individual shall pay the annual registration
fee of two hundred ten seventy-five dollars.
(C) Upon receipt of such application for registration and
the registration fee required by divisions (A) and (B) of this
section, the board shall issue a certificate of registration to
such nursing home administrator.
(D) The license of a nursing home administrator who fails
to comply with this section shall automatically lapse.
(E) A nursing home administrator who has been licensed and
registered in this state who determines to temporarily abandon
the practice of nursing home administration shall notify the
board in writing immediately; provided, that such individual may
thereafter register to resume the practice of nursing home
administration within the state upon complying with the
requirements of this section regarding annual registration.
(F) Only an individual who has qualified as a licensed and
registered nursing home administrator under Chapter 4751. of the
Revised Code and the rules adopted thereunder, and who holds a
valid current registration certificate pursuant to this section,
may use the title "nursing home administrator," or the
abbreviation "N.H.A." after the individual's name. No other
person shall use
such title or such abbreviation or any other words, letters,
sign, card, or device tending to indicate or to imply that the
person is a licensed and registered nursing home administrator.
(G) Every person holding a valid license entitling the
person to
practice nursing home administration in this state shall display
said license in the nursing home which is the person's
principal place of
employment, and while engaged in the practice of nursing home
administration shall have at hand the current
registration
certificate.
(H) Every person holding a valid temporary license shall
have such license at hand while engaged in the
practice of nursing home administration.
Sec. 4759.08. (A) The Ohio board of dietetics shall
charge and collect fees as described in this section for issuing
the following:
(1) An application for an initial dietitian license, or an
application for reinstatement reactivation of an inactive license, one hundred
ten forty dollars, and for reinstatement of a lapsed, revoked, or
suspended license, one two hundred sixty-five dollars;
(2) License renewal, eighty one hundred ten dollars;
(3) A limited permit, and renewal of the permit,
fifty-five seventy dollars;
(4) A duplicate license or permit, twenty dollars;
(5) For processing a late application for renewal of any
license or permit, an additional fee equal to fifty per cent of
the fee for the renewal.
(B) The board shall not require a licensed dietitian
holding an inactive license to pay the renewal fee.
(C) Subject to the approval of the controlling board, the
Ohio board of dietetics may establish fees in excess of the
amounts provided in division (A) of this section, provided that
the fees do not exceed the amounts by greater than fifty per
cent.
(D) The board may adopt rules pursuant to Chapter 119. of
the Revised Code to waive all or part of the fee for an initial
license if the license is issued within one hundred days of the
date of expiration of the license.
(E) All receipts of the board shall be deposited in the
state treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be
approved by
the chairperson or secretary of the board, or both, as
authorized by the board.
Sec. 4771.22. The Ohio athletic commission shall deposit
all
money it receives under this chapter to the credit of the
athlete
agents registration occupational licensing and regulatory fund, which is hereby created in the
state
treasury. The commission shall use the fund to administer
and
enforce this chapter under section 4743.05 of the Revised Code.
Sec. 4779.08. (A) The state board of orthotics,
prosthetics, and
pedorthics shall
adopt rules in accordance
with
Chapter 119. of the
Revised Code to carry out the purposes of
this
chapter,
including rules prescribing all of the following:
(1) The form and manner of filing of applications to be
admitted to
examinations and for licensure and license renewal;
(2) Standards and procedures for formulating, evaluating,
approving, and administering licensing examinations or recognizing
other
entities that conduct examinations;
(3) The form, scoring, and scheduling of licensing
examinations;
(4) Fees for examinations and applications for licensure and
license renewal;
(5) Fees for approval of continuing education courses;
(6) Procedures for issuance, renewal, suspension, and
revocation
of licenses and the conduct of disciplinary hearings;
(7) Standards of ethical and professional conduct in the
practice
of orthotics, prosthetics, and pedorthics;
(8) Standards for approving national certification
organizations
in orthotics, prosthetics, and pedorthics;
(9) Fines for violations of this chapter;
(10) Standards for the recognition and approval of
educational
programs required for licensure, including standards
for approving
foreign educational credentials;
(11) Standards for continuing education programs required
for
license renewal;
(12) Provisions for making available the information
described in
section 4779.22 of the Revised Code.
(B) The board may adopt
any other rules necessary for
the
administration of this chapter.
(C) The fees prescribed by this section shall be paid to the
treasurer of state, who shall from
the effective date of this
section
until
December 31, 2004, deposit the
fees in the occupational licensing
and regulatory fund established
in section 4743.05 of the Revised Code.
Sec. 4779.17. The state board of orthotics, prosthetics, and
pedorthics shall issue a license under section 4779.09 of the Revised Code to
practice
orthotics, prosthetics,
orthotics and prosthetics, or pedorthics without examination to an applicant
who meets all of the following requirements:
(A) Applies to the board in accordance with
section 4779.09 of the Revised Code;
(B) Holds a license to practice orthotics, prosthetics, orthotics
and prosthetics, or pedorthics issued by the appropriate authority of another
state;
(C) One of the following applies:
(1) In the case of an applicant for a license to practice
orthotics, the applicant meets the requirements in divisions
(A)(2) and (3) of section 4779.10 of the Revised Code.
(2) In the case of an applicant for a license to practice
prosthetics, the applicant meets the requirements in divisions
(A)(2) and (3) of section 4779.11 of the Revised Code.
(3) In the case of an applicant for a license to practice
orthotics and prosthetics, the applicant meets the requirements in
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.
(4) In the case of an applicant for a license to practice pedorthics, the
applicant meets the requirements in divisions
(B) and (C) of section 4779.13 of the Revised Code.
(D) The fees prescribed by
this section shall be paid to the treasurer of state, who shall from the
effective date of this section until December 31, 2004, deposit the fees in the occupational licensing and
regulatory fund established in section 4743.05 of the Revised Code.
Sec. 4779.18. (A) The state board of orthotics, prosthetics, and
pedorthics shall issue a temporary license to an individual who meets all of
the following requirements:
(1) Applies to the board in accordance with rules adopted under
section 4779.08 of the Revised Code and pays the application
fee specified in the rules;
(2) Is eighteen years of age or older;
(3) Is of good moral character;
(4) One of the following applies:
(a) In the case of an applicant for a license to practice
orthotics, the applicant meets the requirements in divisions
(A)(2) and (3) of
section 4779.10 of the Revised Code.
(b) In the case of an applicant for a license to practice
prosthetics, the applicant meets the requirements in divisions
(A)(2) and (3) of section 4779.11 of the Revised Code.
(c) In the case of an applicant for a license to practice
orthotics and prosthetics, the applicant meets the requirements in
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.
(d) In the case of an applicant for a license to practice
pedorthics, the applicant meets the requirements in divisions
(B) and (C) of section 4779.13 of the Revised Code.
(B) A temporary license issued under this section is valid for
one year and may be renewed once in accordance with rules adopted by the
board under section 4779.08 of the Revised Code.
An individual who holds a temporary license may practice orthotics,
prosthetics, orthotics and
prosthetics, or pedorthics only under the supervision of an individual who
holds a license issued under section 4779.09 of the Revised Code in the same
area of practice.
(C) The fees prescribed by this section shall be paid to the
treasurer of state, who shall from the effective date of this section
until
December 31, 2004, deposit the fees in the occupational licensing
and regulatory fund established in section 4743.05 of the Revised Code.
Sec. 4903.24. If the public utilities commission finds after investigating
that any rate, joint rate, fare, charge, toll, rental, schedule, or
classification of service is unjust, unreasonable, insufficient, unjustly
discriminatory, unjustly preferential, or in violation of law, or that any
service is inadequate or cannot be obtained, the public utility found to be at
fault shall pay the expenses incurred by the commission upon such
investigation.
All fees, expenses, and costs of, or in connection with, any hearing or
investigation may be imposed by the commission upon any party to the record or
may be divided among any parties to the record in such proportion as the
commission determines.
All fees, expenses, and costs authorized and collected under this section shall be deposited to the credit of the special assessment fund, which is hereby created in the state treasury. Money in the fund shall be used by the commission for the purpose of covering the costs of any investigations or hearings it orders regarding any public utility.
Sec. 4905.79. Any telephone company, as defined in division (D)(2) of section
5727.01 of the Revised Code, that is required to provide any telephone service
program implemented after March 27, 1991, to aid the communicatively impaired
in
accessing the telephone network shall be allowed a tax credit for the costs of
any such program under section 5727.44 5733.56 of the Revised Code. Relative to any
such program, the public utilities commission, in accordance with its rules,
shall allow interested parties to intervene and participate in any proceeding
or part of a proceeding brought before the commission pursuant to this
section.
The commission shall adopt rules it considers necessary to carry out this
section.
Sec. 4905.91. For the purpose of protecting the public
safety with respect to intrastate pipe-line transportation by any
operator:
(A) The public utilities commission shall:
(1) Adopt, and may amend or rescind, rules to carry out
sections 4905.90 to 4905.96 of the Revised Code, including rules
concerning pipe-line safety, drug testing, and enforcement
procedures. The commission shall adopt these rules only after
notice and opportunity for public comment. The rules adopted
under this division and any orders issued under sections 4905.90
to 4905.96 of the Revised Code constitute the pipe-line safety
code. The commission shall administer and enforce that code.
(2) Make certifications and reports to the United States
department of transportation as required under the Natural Gas
Pipeline Safety Act.
(1) Investigate any service, act, practice, policy, or
omission by any operator to determine its compliance with
sections 4905.90 to 4905.96 of the Revised Code and the pipe-line
safety code;
(2) Investigate any intrastate pipe-line transportation
facility to determine if it is hazardous to life or property, as
provided in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1679b(b)(2) and
(3);
(3) Investigate the existence or report of any
safety-related condition that involves any intrastate pipe-line
transportation facility;
(4) Enter into and perform contracts or agreements with
the United States department of transportation to inspect
interstate transmission facilities pursuant to the Natural Gas
Pipeline Safety Act;
(5) Accept grants-in-aid, funds cash, and reimbursements
provided for or made available to this state by the federal
government to carry out the Natural Gas Pipeline Safety Act or to
enforce sections 4905.90 to 4905.96 of the Revised Code and the
pipe-line safety code. All such grants-in-aid, cash, and reimbursements shall be deposited to the credit of the gas pipe-line safety fund, which is hereby created in the state treasury, to be used by the commission for the purpose of carrying out this section.
(C) The commission's regulation of gathering lines shall
conform to the regulation of gathering lines in 49 C.F.R. parts
192 and 199, as amended, and the commission's annual
certification agreements with the United States department of
transportation, except that rule 4901:1-16-03, paragraph (D) of
rule 4901:1-16-05, and rule 4901:1-16-06 of the Ohio
Administrative Code shall also apply to gathering lines. The
procedural rules under chapter 4901:1-16 of the Ohio
Administrative Code shall also apply to operators of gathering
lines.
Sec. 4919.79. (A) The public utilities commission may
adopt safety rules applicable to the highway transportation and
offering for transportation of hazardous materials in interstate
commerce, which highway transportation takes place into or
through this state.
(B) The commission may adopt safety rules applicable to
the highway transportation of persons or property in interstate
commerce, which transportation takes place into or through this
state.
(C) Rules adopted under divisions (A) and (B) of this
section shall be consistent with, and equivalent in scope,
coverage, and content to, the "Hazardous Materials Transportation
Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and
regulations adopted under it, and the "Motor Carrier Safety Act
of 1984," 98 Stat. 2832, 49 U.S.C.A. 2501, and regulations
adopted under it, respectively. No person shall violate a rule
adopted under division (A) or (B) of this section or any order of
the commission issued to secure compliance with any such rule.
(D) The commission shall cooperate with, and permit the
use of, the services, records, and facilities of the commission
as fully as practicable by appropriate officers of the interstate
commerce commission, the United States department of
transportation, and other federal agencies or commissions and
appropriate commissions of other states in the enforcement and
administration of state and federal laws relating to highway
transportation by motor vehicles. The commission may enter into
cooperative agreements with the interstate commerce commission,
the United States department of transportation, and any other
federal agency or commission to enforce the economic and safety
laws and rules of this state and of the United States concerning
highway transportation by motor vehicles. All grants-in-aid, cash, and reimbursements received by the commission pursuant to those cooperative agreements shall be deposited to the credit of the motor carrier safety fund, which is hereby created in the state treasury, to be used by the commission for the purpose of carrying out this section.
(E) To achieve the purposes of this section, the commission may,
through its inspectors or other authorized employees, inspect any vehicles of
carriers of persons or property in interstate commerce subject to the safety
rules prescribed by this section and may enter upon the premises and vehicles
of such carriers to examine any of the carriers' records or documents that
relate to the safety of operation of such carriers. In order to assist the
commission in the performance of its duties under this section, authorized
employees of the commercial motor vehicle safety enforcement unit, division of
state highway patrol, of the department of public safety may enter in or upon,
for purposes
of inspection, any vehicle of any such carrier.
In order to inspect motor vehicles owned or operated by private motor
carriers of persons, authorized employees of the commercial motor vehicle
safety enforcement unit, division of state highway patrol, of the department
of public safety may enter in or upon the premises of any private carrier of
persons in interstate commerce, subject to the safety rules prescribed by this
section.
Sec. 4931.45. (A) A final plan may be amended to expand
the territory included in the countywide 9-1-1 system, to upgrade
any part or all of a system from basic 9-1-1 to enhanced 9-1-1
service, to adjust the territory served by a public safety
answering point, to represcribe the funding of public safety
answering points as between the alternatives set forth in
division (B)(5) of section 4931.43 of the Revised Code, or to
make any other necessary adjustments to the plan only by
convening a new 9-1-1 planning committee, and adopting an amended
final plan. The convening of a new 9-1-1 planning committee and
the proposal and adoption of an amended final plan shall be made
in the same manner required for the convening of an initial
committee and adoption of an original proposed and final plan
under sections 4931.42 to 4931.44 of the Revised Code. Adoption
of any resolution under section 4931.51 of the Revised Code
pursuant to a final plan that both has been adopted and provides
for funding through charges imposed under that section is not an
amendment of a final plan for the purpose of this division.
(B) When a final plan is amended to expand the territory
that receives 9-1-1 service or to upgrade a 9-1-1 system from
basic to enhanced 9-1-1 service, the provisions of sections
4931.47 and 5727.39 5733.55 of the Revised Code apply with respect to the
telephone company's recovery of the nonrecurring and recurring
rates and charges for the telephone network portion of the
system.
Sec. 4931.47. (A) In accordance with Chapters 4901.,
4903., 4905., 4909., and 4931. of the Revised Code, the public
utilities commission shall determine the just, reasonable, and
compensatory rates, tolls, classifications, charges, or rentals
to be observed and charged for the telephone network portion of a
basic and enhanced 9-1-1 system, and each telephone company
participating in the system shall be subject to such chapters, to
the extent they apply, as to the service provided by its portion
of the telephone network system as described in the final plan or
to be installed pursuant to agreements under section 4931.48 of
the Revised Code, and as to the rates, tolls, classifications,
charges, or rentals to be observed and charged for that service.
(B) Only the customers of a participating telephone
company that are served within the area covered by a 9-1-1 system
shall pay the recurring rates for the maintenance and operation
of the telephone network in providing 9-1-1 service. Such rates
shall be computed by dividing the total monthly recurring rates
set forth in a telephone company's schedule as filed in
accordance with section 4905.30 of the Revised Code, by the total
number of residential and business customer access lines, or
their equivalent, within the area served. Each residential and
business customer within the area served shall pay the recurring
rates based on the number of its residential and business
customer access lines or their equivalent. No company may
include such amount on any customer's bill until the company has
completed its portion of the telephone network in accordance with
the terms, conditions, requirements, and specifications of the
final plan or an agreement made under section 4931.48 of the
Revised Code.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, the total nonrecurring charges for the telephone
network used in providing 9-1-1 service, as set forth in the
schedule filed by a telephone company in accordance with section
4905.30 of the Revised Code, on completion of the installation of
the network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant to
section 4931.48 of the Revised Code shall be recovered by the
company through the credit authorized by section 5727.39 5733.55 of the
Revised Code.
(2) The credit shall not be allowed for upgrading of a
system from basic to enhanced 9-1-1 service when:
(a) The telephone company received the credit for the
telephone network portion of the basic 9-1-1 system now proposed
to be upgraded; and
(b) At the time the final plan or agreement pursuant to
section 4931.48 of the Revised Code calling for the basic 9-1-1
system was agreed to, the telephone company was capable of
reasonably meeting the technical and economic requirements of
providing the telephone network portion of an enhanced 9-1-1
system within the territory proposed to be upgraded, as
determined by the public utilities commission under division (A)
or (H) of section 4931.41 or division (C) of section 4931.48 of
the Revised Code.
(3) When the credit is not allowed under division (C)(2)
of this section, the total nonrecurring charges for the telephone
network used in providing 9-1-1 service, as set forth in the
schedule filed by a telephone company in accordance with section
4905.30 of the Revised Code, on completion of the installation of
the network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant to
section 4931.48 of the Revised Code, shall be paid by the
municipal corporations and townships with any territory in the
area in which such upgrade from basic to enhanced 9-1-1 service
is made.
(D) Where customer premises equipment for a public safety
answering point is supplied by a telephone company that is
required to file a schedule under section 4905.30 of the Revised
Code pertaining to customer premises equipment, the recurring and
nonrecurring rates and charges for the installation and
maintenance of the equipment specified in the schedule shall
apply.
Sec. 4931.48. (A) If a final plan is disapproved under
division (B) of section 4931.44 of the Revised Code, by
resolution, the legislative authority of a municipal corporation
or township that contains at least thirty per cent of the
county's population may establish within its boundaries, or the
legislative authorities of a group of municipal corporations or
townships each of which is contiguous with at least one other
such municipal corporation or township in the group, together
containing at least thirty per cent of the county's population,
may jointly establish within their boundaries a 9-1-1 system.
For this purpose, the municipal corporation or township may enter
into an agreement, and the contiguous municipal corporations or
townships may jointly enter into an agreement with a telephone
company providing service in the municipal corporations or
townships to provide for the telephone network portion of the
system.
(B) If no resolution has been adopted to convene a 9-1-1
planning committee under section 4931.42 of the Revised Code, but
not sooner than eighteen months after the effective date of such
section, by resolution, the legislative authority of any
municipal corporation in the county may establish within its
boundaries, or the legislative authorities of a group of
municipal corporations and townships each of which is contiguous
to at least one of the other such municipal corporations or
townships in the group may jointly establish within their
boundaries, a 9-1-1 system. The municipal corporation or
contiguous municipal corporations and townships, may enter into
an agreement with a telephone company serving cutomers customers
within the boundaries of the municipal corporation or contiguous
municipal corporations and townships, to provide for the
telephone network portion of a 9-1-1 system.
(C) Whenever a telephone company and one or more municipal
corporations and townships enter into an agreement under this
section to provide for the telephone network portion of a basic
9-1-1 system, the telephone company shall so notify the public
utilities commission, which shall determine whether the telephone
company is capable of reasonably meeting the technical and
economic requirements of providing the telephone network for an
enhanced system within the territory served by the company and
covered by the agreement. The determination shall be made solely
for the purposes of division (C)(2) of section 4931.47 of the
Revised Code.
(D) Within three years from the date of entering into an
agreement under division (A) or (B) of this section, the
telephone company shall have installed the telephone network
portion of the 9-1-1 system according to the terms, conditions,
requirements, and specifications set forth in the agreement.
(E) The telephone company shall recover the cost of
installing the telephone network system pursuant to agreements
made under this section as provided in sections section 4931.47 and
5727.39 of the Revised Code, as authorized under section 5733.55 of the Revised Code.
Sec. 4973.17. (A) Upon the application of any bank,
building and loan association, or association of banks or
building and loan associations in this state, the governor may
appoint and commission any persons that the bank, building and
loan association, or association of banks or building and loan
associations designates, or as many of those persons as the governor
considers proper, to act as police officers for and on the
premises of that bank, building and loan association, or
association of banks or building and loan associations, or
elsewhere, when directly in the discharge of their duties.
Police officers so appointed shall be citizens of this state and
of good character. They shall hold office for three years,
unless, for good cause shown, their commission is revoked by the
governor, or by the bank, building and loan association, or
association of banks or building and loan associations, as
provided by law.
(B) Upon the application of a company owning or using a
railroad in this state and subject to section 4973.171 of the Revised Code,
the governor may appoint and commission
any persons that the railroad company designates, or as many of
those persons as the governor considers proper, to act as police officers
for and on the premises of the railroad company, its affiliates
or subsidiaries, or elsewhere, when directly in the discharge of
their duties. Police officers so appointed, within the
time set by the Ohio peace officer training commission, shall successfully
complete a commission approved training program and be certified by
the commission. They shall hold office for three years, unless, for
good cause shown, their commission is revoked by the governor, or
railroad company, as provided by law.
Any person holding a similar commission in another state
may be commissioned and may hold office in this state without
completing the approved training program required by this
division provided that that the person has completed a
substantially
equivalent training program in the other state. The Ohio peace
officer training commission shall determine whether a training
program in another state meets the requirements of this division.
(C) Upon the application of any company under contract
with the United States atomic energy commission for the
construction or operation of a plant at a site owned by such
the commission, the governor may appoint and commission such persons
as the company designates, not to exceed one hundred fifty, to act
as police officers for the company at the plant or site owned by
such the commission. Police officers so appointed shall be citizens
of this state and of good character. They shall hold office for
three years, unless, for good cause shown, their commission is
revoked by the governor or by the company, as provided by law.
(D)(1) Upon the application of any hospital that is
operated by a public hospital agency or a nonprofit hospital
agency and that employs and maintains its own proprietary police
department or security department and subject to section 4973.171 of the
Revised Code, the governor may appoint and
commission any persons that the hospital designates, or as many of
those persons as the governor considers proper, to act as police
officers for the hospital. No person who is appointed as a
police officer under this division shall engage in any duties or
activities as a police officer for the hospital or any affiliate
or subsidiary of the hospital unless all of the following apply:
(a) The chief of police of the municipal corporation in
which the hospital is located, or, if the hospital is located in
the unincorporated area of a county, the sheriff of that county,
has granted approval to the hospital to permit persons appointed
as police officers under this division to engage in those duties
and activities. The approval required by this division is
general in nature and is intended to cover in the aggregate all
persons appointed as police officers for the hospital under this
division; a separate approval is not required for each appointee
on an individual basis.
(b) Subsequent to the grant of approval described in
division (D)(1)(a) of this section, the hospital has entered into
a written agreement with the chief of police of the municipal corporation in which the
hospital is located, or, if the hospital is located in the
unincorporated area of a county, with the sheriff of that county,
that sets forth the standards and criteria to govern the interaction
and cooperation between persons appointed as police officers for
the hospital under this division and law enforcement officers
serving the agency represented by the chief of police or sheriff
who signed the agreement in areas of their concurrent
jurisdiction. The written agreement shall be signed by the
appointing authority of the hospital and by the chief of police
or sheriff. The standards and criteria may include, but are not
limited to, provisions governing the reporting of offenses
discovered by hospital police officers to the agency represented
by the chief of police or sheriff, provisions governing
investigatory responsibilities relative to offenses committed on
hospital property, and provisions governing the processing and
confinement of persons arrested for offenses committed on
hospital property. The agreement required by this division is
intended to apply in the aggregate to all persons appointed as
police officers for the hospital under this division; a separate
agreement is not required for each appointee on an individual
basis.
(c) The person has successfully completed a training
program approved by the Ohio peace officer training commission and
has been certified by the commission. A person appointed as a
police officer under this division may attend a training program
approved by the commission and be certified by the commission
regardless of whether the appropriate chief of police or sheriff
has granted the approval described in division (D)(1)(a) of this
section and regardless of whether the hospital has entered into
the written agreement described in division (D)(1)(b) of this
section with the appropriate chief of police or sheriff.
(2)(a) A person who is appointed as a police officer under
division (D)(1) of this section is entitled, upon the grant of
approval described in division (D)(1)(a) of this section and upon
that the person's and the hospital's compliance with the
requirements
of divisions (D)(1)(b) and (c) of this section, to act as a police
officer for the hospital on the premises of the hospital and of
its affiliates and subsidiaries that are within the territory of
the municipal corporation served by the chief of police or the
unincorporated area of the county served by the sheriff who
signed the written agreement described in division (D)(1)(b) of
this section, whichever is applicable, and anywhere else within
the territory of that municipal corporation or within the
unincorporated area of that county. The authority to act as a
police officer as described in this division is granted only
if the person, when engaging in that activity, is directly in the
discharge of that the person's duties as a police officer for the
hospital. The authority to act as a police officer as described in this
division shall be exercised in accordance with the standards and
criteria set forth in the written agreement described in division
(D)(1)(b) of this section.
(b) Additionally, a person appointed as a police officer
under division (D)(1) of this section is entitled, upon the grant
of approval described in division (D)(1)(a) of this section and
upon that the person's and the hospital's compliance with the
requirements of
divisions (D)(1)(b) and (c) of this section, to act as a police
officer elsewhere, within the territory of a municipal
corporation or within the unincorporated area of a county, if the
chief of police of that municipal corporation or the sheriff of
that county, respectively, has granted approval for that activity
to the hospital, police department, or security department served
by the person as a police officer and if the person, when
engaging in that activity, is directly in the discharge of
that the person's duties as a police officer for the hospital. The
approval
described in this division may be general in nature or may be
limited in scope, duration, or applicability, as determined by
the chief of police or sheriff granting the approval.
(3) Police officers appointed under division (D)(1) of
this section shall hold office for three years, unless, for good
cause shown, their commission is revoked by the governor or by
the hospital, as provided by law. As used in divisions (D)(1) to
(3) of this section, "public hospital agency" and "nonprofit
hospital agency" have the same meaning meanings as in section 140.01 of
the Revised Code.
(E) A fee of five fifteen dollars for each commission applied for under
this section shall be paid at the time the application is made,
and this amount shall be returned if for any reason a commission
is not issued.
Sec. 5101.11. This section does not apply to contracts
entered into under section 5111.022, 5111.90, or 5111.91 of the
Revised Code.
(A) As used in this section:
(1) "Entity" includes an agency, board, commission, or
department of the state or a political subdivision of the state;
a
private, nonprofit entity; a school district; a private school;
or
a public or private institution of higher education.
(2) "Federal financial participation" means the federal
government's share of expenditures made by an entity in
implementing a program administered by the department of job and
family
services.
(B) At the request of any public entity having authority
to
implement a program administered by the department of job and
family
services or any private entity under contract with a public
entity to implement a program administered by the department, the
department may seek to obtain federal financial participation for
costs incurred by the entity. Federal financial participation
may
be sought from programs operated pursuant to Title IV-A,
Title
IV-E, and Title XIX of the "Social Security Act," 49 Stat.
620
(1935), 42 U.S.C. 301, as amended; the "Food Stamp Act of
1964,"
78 Stat. 703, 7 U.S.C. 2011, as amended; and any other
statute or
regulation under which federal financial participation
may be
available, except that federal financial participation may
be
sought only for expenditures made with funds for which federal
financial participation is available under federal law.
(C) All funds collected by the department of job and family
services
pursuant to division (B) of this section shall be
distributed to the entities that incurred the costs, except for
any amounts retained by the department pursuant to division
(D)(3)
of this section.
(D) In distributing federal financial participation
pursuant
to this section, the department may either enter into an
agreement
with the entity that is to receive the funds or
distribute the
funds in accordance with rules adopted under
division (F) of this
section. If the department decides to enter
into an agreement to
distribute the funds, the agreement may
include terms that do any
of the following:
(1) Provide for the whole or partial reimbursement of any
cost incurred by the entity in implementing the program;
(2) In the event that federal financial participation is
disallowed or otherwise unavailable for any expenditure, require
the department of job and family services or the entity, whichever
party
caused the disallowance or unavailability of federal
financial
participation, to assume responsibility for the
expenditures;
(3) Permit the department to retain not more than five per
cent of the amount of the federal financial participation to be
distributed to the entity;
(4) Require the public entity to certify the availability
of
sufficient unencumbered funds to match the federal financial
participation it receives under this section;
(5) Establish the length of the agreement, which may be
for
a fixed or a continuing period of time;
(6) Establish any other requirements determined by the
department to be necessary for the efficient administration of
the
agreement.
(E) An entity that receives federal financial
participation
pursuant to this section for a program aiding
children and their
families shall establish a process for
collaborative planning with
the department of job and family services
for
the use of the funds
to improve and expand the program.
(F) The director of job and family services
shall adopt
rules as necessary to
implement this section, including rules for
the distribution of
federal financial participation pursuant to
this section. The
rules shall be adopted in accordance with
Chapter 119. of the
Revised Code. The director may adopt or amend
any
statewide plan required by the federal government for a
program
administered by the department, as necessary to implement
this
section.
(G) Federal financial participation received pursuant to
this section shall not be included in any calculation made under
section 5101.16 or 5101.161 of the Revised Code.
Sec. 5101.14. (A) As used in this section and section 5101.144 of the Revised Code, "children services" means services provided to children pursuant to Chapter 5153. of the Revised Code.
(B) Within available funds, the department
of
job and family services shall make payments distribute funds to the counties within
thirty days after the beginning of each calendar quarter for a
part of their the counties' costs for children services to children performed pursuant
to
Chapter 5153. of the Revised Code.
Funds provided to the county under this section shall be
deposited into
the children
services fund created pursuant to
section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be
used for the following:
(a) Home-based services to children and families;
(b) Protective services to children;
(c) To find, develop, and approve adoptive homes;
(d) Short-term, out-of-home care and treatment for children;
(e) Costs for the care of a child who resides with
a
caretaker relative, other than the child's parent, and is in
the
legal custody of a public children services agency pursuant
to a
voluntary temporary custody agreement entered
into under division
(A) of
section 5103.15 of the Revised
Code or in the legal custody
of
a public children services agency or the caretaker relative
pursuant to an allegation or adjudication of abuse, neglect, or
dependency made under Chapter
2151. of the Revised
Code;
(f) Other services a public children services
agency
considers necessary to protect children from abuse,
neglect, or
dependency.
(2) No funds distributed under this section shall be
used
for the
costs of maintaining a child in a children's home owned
and
operated by the county.
(C) In each fiscal year, the amount of funds available for
distribution under this section shall be allocated to counties
as
follows:
(1) If the amount is less than the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive an amount equal to the percentage of the
funding it received in the immediately preceding fiscal year,
exclusive of any releases from or additions to the allocation or
any sanctions imposed under this section;
(2) If the amount is equal to the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive an amount equal to the amount it received
in
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this
section;
(3) If the amount is greater than the amount initially
appropriated for the immediately preceding fiscal year, each
county shall receive the amount determined under division
(C)(2)
of this section as a
base allocation, plus a percentage of the
amount that exceeds
the amount initially appropriated for the
immediately preceding
fiscal year. The amount exceeding the
amount initially
appropriated in the immediately preceding fiscal
year shall be allocated to
the counties as follows:
(a) Twelve per cent divided equally among all counties;
(b) Forty-eight per cent in the ratio that the number of
residents
of the county under the age of eighteen bears to the
total number of such
persons residing in this state;
(c) Forty per cent in the ratio that the number of residents
of
the county with incomes under the federal poverty guideline
bears to the total
number of such persons in this state.
As used in division (C)(3)(c) of this section,
"federal
poverty guideline" means the poverty
guideline as
defined by the
United States office of management and budget
and revised by the
United States secretary of health and
human services in accordance
with section 673 of the
"Community
Services Block Grant Act," 95
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.
(D) The director of job and family
services may adopt rules
as necessary for the allocation of funds under
this
section. The
rules shall be adopted in accordance with section
111.15 of the
Revised Code.
(E)(1) As used in this division,
"services to children"
means children's protective services, home-based
services
to
children and families, foster home services,
residential treatment
services, adoptive services, and
independent
living services.
(2) Except as otherwise provided in this section, the
allocation of funds for a fiscal year to a county under this
section shall be reduced by the department if in the preceding
calendar year the total amount expended for services to children
from local funds
was less than the total
expended from
that
source in the second preceding calendar
year.
The reduction shall
be equal to the difference between the
total
expended in the
preceding calendar year and the total
expended in
the second
preceding calendar year.
The determination of whether the amount expended for
services
to children was less in the preceding calendar year than
in the
second preceding calendar year shall not include a
difference due
to any of the following factors to the extent that
the difference
does not exceed the amount attributable to that
factor:
(a) An across-the-board reduction in the county budget as
a
whole;
(b) A reduced or failed levy specifically earmarked for
children services;
(c) The closure of, or a reduction in the operating
capacity
of,
a children's home owned and operated by the county.
(3) Funds withheld under this division may be reallocated
by
the department to other counties. The department may grant
whole
or partial waivers of the provisions of this division.
(F) Children who are in the temporary or permanent custody
of a certified public or private nonprofit agency or institution,
or who are in adoptions subsidized under division (B) of section
5153.163 of the Revised Code are eligible for medical assistance
through the medical assistance program established under section
5111.01 of the Revised Code.
(G) Within ninety days after the end of each state fiscal year biennium,
each county shall return any unspent funds to the department.
(H) In accordance with Chapter 119. of the Revised Code,
the (E) The
director shall of job and family services may adopt, and may amend and rescind, the following rules in accordance with section 111.15 of the Revised Code:
(1) Rules that are necessary for the allocation of funds under this section;
(2) Rules
prescribing
reports on expenditures to be submitted by the
counties as
necessary for the implementation of this section.
Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410 of the Revised Code, "Title IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.
(B) The department of job and family
services
shall act as the single state agency to administer
federal
payments for foster care and adoption assistance made
pursuant to
Title IV-E of the
"Social Security Act," 94 Stat. 501,
42
U.S.C.A. 670 (1980), as amended. The director of job
and
family services shall adopt rules to implement this authority.
Internal management rules governing financial and
administrative
requirements applicable to public children
services agencies,
private child placing agencies, and private
noncustodial agencies government entities that provide Title IV-E reimbursable placement services to children
shall be adopted in accordance with section
111.15 of the Revised
Code. Rules governing requirements applicable to private child placing agencies and private noncustodial agencies and rules establishing
eligibility, program participation, and
other requirements concerning Title IV-E shall
be adopted in accordance with Chapter
119. of the Revised Code. A public
children services agency to
which the department distributes
Title IV-E funds shall administer
the funds
in accordance with
those rules.
(B)(C)(1) The county, on behalf of each child eligible
for
foster care maintenance payments under Title IV-E of the
"Social
Security Act," shall make payments to cover the cost of
providing
all of the following:
(a) The child's food, clothing, shelter, daily
supervision,
and school supplies;
(b) The child's personal incidentals;
(c) Reasonable travel to the child's home for visitation.
(2) In addition to payments made under division (B)(C)(1) of
this
section, the county may, on behalf of each child eligible for
foster care maintenance payments under
Title
IV-E
of the
"Social
Security
Act," make payments to cover
the cost of providing the
following:
(a) Liability insurance with respect to the
child;
(b) If the county is participating in the
demonstration
project established under division (A) of section
5101.142 of the
Revised Code, services provided under
the project.
(3) With respect to a child who is in a child-care
institution, including any type of group home designed for the
care of children or any privately operated program consisting of
two or more certified foster homes operated by a common
administrative unit, the foster care maintenance payments made by
the county on behalf of the child shall include the reasonable
cost of the administration and operation of the institution,
group
home, or program, as necessary to provide the items
described in
divisions (B)(C)(1) and (2) of this section.
(C)(D) To the extent that either foster care maintenance
payments under division (B) (C) of this section or Title IV-E
adoption
assistance payments for maintenance costs require the
expenditure
of county funds, the board of county commissioners
shall report
the nature and amount of each expenditure of county
funds to the
department.
(D)(E) The department shall distribute to
public children
services agencies that
incur and report such expenditures federal
financial
participation received for administrative and training
costs
incurred in the operation of foster care maintenance and
adoption
assistance programs. The department may withhold not
more than
three per cent of the federal financial
participation
received.
The funds withheld may be used only to
fund the Ohio
child welfare
training program established under
section 5153.60
of the Revised Code
and the university partnership
program for
college and university students majoring in social
work who have
committed to work for a public children services
agency upon
graduation. The
funds
withheld shall be in addition to
any
administration and
training cost for which the department is
reimbursed through its
own cost allocation plan.
(E)(F) All federal
financial participation funds received by a
county pursuant to
this section shall be deposited into the
county's children
services fund created pursuant to section
5101.144 of the Revised Code.
(F)(G) The department shall periodically
publish and distribute
the maximum amounts that the department
will reimburse public
children services agencies for making
payments on behalf of
children eligible for foster care maintenance payments.
(G)(H) The department, by and through its director, is hereby
authorized to develop, participate in the development of,
negotiate, and enter
into one or more interstate compacts on
behalf of this state with agencies of
any other states, for the
provision of medical assistance and other social
services to
children in relation to whom all of the following apply:
(1) They have special needs.
(2) This state or another state that is a party to the
interstate compact
is providing adoption assistance on their
behalf.
(3) They move into this state from another state or move out
of this state
to another state.
Sec. 5101.142. (A) The department of job and family
services may
apply to the
United States secretary of health and
human services for a waiver of requirements established under
Title IV-E of the
"Social
Security Act," 94 Stat. 501, 42
U.S.C.A.
670 (1980), or regulations adopted thereunder, to conduct a
demonstration project expanding eligibility for and services
provided under Title IV-E. The
department may enter into
agreements with the secretary
necessary to implement the
demonstration project, including
agreements establishing the terms
and conditions of the waiver
authorizing the project. If a
demonstration project is to be
established, the department shall
do all of
the following:
(1) Have the director of job and family services adopt
rules
in accordance with Chapter 119. of
the Revised Code governing the
project. The
rules shall be consistent with the agreements the
department
enters into with the secretary.
(2) Enter into
agreements with public children services
agencies that the
department selects for participation in the
project. The
department shall not select an agency that objects
to
participation or refuses to be bound by the terms and
conditions
of the project.
(3) Contract with
persons or governmental agencies providing
services under the
project;
(4) Amend the state plan
required by section 471 of the
"Social
Security
Act," 42
U.S.C.A.
671, as amended, as needed to
implement the project;
(5) Conduct ongoing
evaluations of the project;
(6) Perform other
administrative and operational activities
required by the
agreement with the secretary.
(B) The department may apply to the
United States
secretary
of health and human services for a waiver of the requirements
established under Title
IV-B of the
"Social Security Act
of 1967,"
81 Stat. 821, 42 U.S.C.A.
620 or regulations adopted thereunder
and established under any other federal
law or regulations that
affect the children services functions prescribed by
Chapter 5153.
of the
Revised Code,
to conduct demonstration projects or
otherwise improve the effectiveness and
efficiency of the children
services function.
Sec. 5101.144. As used in this section, "children
services" means services provided to children pursuant to
Chapter 5153. of the Revised Code.
Each county shall deposit all funds its public children services agency
receives from appropriations made by the board of county commissioners or any
other source
for the purpose of providing children services into a special
fund in the county treasury known as the children services fund.
A county shall use money in the fund only for the purposes of
meeting the expenses of providing children services.
Sec. 5101.145. (A) For the purposes of this section,
"Title
IV-E"
means Title
IV-E
of the
"Social
Security Act," 94 Stat.
501,
42 U.S.C.A. 670 (1980).
(B) In adopting rules under section 5101.141 of the
Revised
Code
regarding financial requirements applicable to public
children services
agencies, private child placing agencies, and
private noncustodial
agencies, and government entities that provide Title IV-E reimbursable placement services to children, the department of job and family
services shall establish
both of the following:
(1) A single form for the agencies or entities
to report costs
reimbursable under Title
IV-E and costs
reimbursable under
medicaid;
(2) Procedures to monitor cost reports submitted
by
the
agencies or entities.
(C)(B) The procedures established under division (B)(A)(2) of this
section shall be implemented not later than October 1, 2003. The
procedures shall be used to do both of the
following:
(1) Determine which of the costs are reimbursable under
Title IV-E;
(2) Ensure that costs reimbursable under medicaid are
excluded from determinations made under division (C)(B)(1) of this
section.
Sec. 5101.146. The department of job and family services shall establish
the following penalties, which shall be enforced at the discretion of the
department, for the failure of a public children services
agency, private child placing agency, or private noncustodial agency, or government entity that provides Title IV-E reimbursable placement services to children to
comply with procedures the department establishes to ensure fiscal
accountability:
(A) For initial failure, the department and the agency or entity involved
shall jointly develop and implement a
corrective action plan according to a specific schedule. If requested
by the agency or entity involved, the department shall provide technical
assistance to the agency or entity to ensure the fiscal accountability procedures
and goals of the plan are met.
(B) For subsequent failures or failure to achieve the goals of
the plan described in division (A) of this section, either one of the
following:
(1) For public children services agencies,
the department may take any action permitted under division (B)(C)(3),
(4), or (5) of section 5101.24 of the Revised Code.
(2) For private child placing agencies or private noncustodial
agencies,
cancellation of any Title IV-E allowability
rates for the
agency involved pursuant to section 5101.141 of the Revised
Code
or revocation pursuant to Chapter 119. of the Revised
Code of that
agency's certificate issued under section 5103.03 of the Revised
Code;
(3) For government entities, other than public children services agencies, that provide Title IV-E reimbursable placement services to children, cancellation of any Title IV-E allowability rates for the entity involved pursuant to section 5101.141 of the Revised Code.
Sec. 5101.1410. In addition to the remedies available under sections 5101.146 and 5101.24 of the Revised Code, the department of job and family services may certify a claim to the attorney general under section 131.02 of the Revised Code for the attorney general to take action under that section against a public children services agency, private child placing agency, private noncustodial agency, or government entity that provides Title IV-E reimbursable placement services to children if all of the following are the case:
(A) The agency or entity files a cost report with the department pursuant to rules adopted under division (B) of section 5101.141 of the Revised Code.
(B) The department receives and distributes federal Title IV-E reimbursement funds based on the cost report.
(C) The agency's or entity's misstatement, misclassification, overstatement, understatement, or other inclusion or omission of any cost included in the cost report causes the United States department of health and human services to disallow all or part of the federal Title IV-E reimbursement funds the department received and distributed.
Sec. 5101.16. (A) As used in this section and sections
5101.161 and 5101.162 of the Revised Code:
(1)
"Disability financial assistance" means the financial and medical
assistance provided program established under Chapter 5115. of the Revised Code.
(2)
"Disability medical assistance" means the medical assistance program established under Chapter 5115. of the Revised Code.
(3) "Food stamps" means the program administered by the
department
of job and family services pursuant to section 5101.54
of
the Revised Code.
(3)(4)
"Medicaid" means the medical assistance program
established
by
Chapter 5111. of the Revised Code, excluding
transportation services provided
under that chapter.
(4)(5)
"Ohio works first" means the program established by
Chapter 5107. of the Revised Code.
(5)(6)
"Prevention, retention, and contingency" means the
program
established
by Chapter 5108. of the Revised Code.
(6)(7)
"Public assistance expenditures" means expenditures for
all
of the following:
(b) County administration of
Ohio works first;
(c) Prevention, retention, and contingency;
(d) County administration of prevention, retention, and
contingency;
(e) Disability financial assistance;
(f) Disability medical assistance;
(g) County administration of disability financial assistance;
(g)(h) County administration of disability medical assistance;
(i) County administration of food stamps;
(h)(j) County administration of medicaid.
(7) "Title IV-A program" has the same meaning as in section 5101.80 of the Revised Code.
(B) Each board of county commissioners shall pay the county
share of public
assistance expenditures
in
accordance with section
5101.161
of the Revised Code. Except as provided in division (C)
of this
section,
a county's share of public assistance
expenditures is the sum of
all of the
following for state fiscal
year
1998 and each state fiscal year thereafter:
(1) The amount that is twenty-five per cent of the county's
total
expenditures
for disability financial assistance and disability medical assistance and county
administration of disability assistance those programs during the state fiscal
year
ending in
the previous calendar year that the department of
job and
family services determines
are allowable.
(2) The
amount that is ten per cent, or
other percentage
determined under division (D) of this
section, of the county's
total expenditures for county
administration of food stamps and
medicaid during the state fiscal year ending in
the
previous
calendar year that the department
determines are allowable, less
the amount of federal reimbursement credited to
the county under
division (E) of this section for the
state fiscal year ending in
the previous calendar year;
(3)(a) Except as provided in division
(B)(3)(b) of this
section, A percentage of the actual amount, as
determined by the department of job
and family services
from expenditure
reports submitted to the
United States department
of health and human services, of the
county share of program and
administrative expenditures during
federal fiscal year 1994 for
assistance and services, other than
child day-care, provided
under Titles IV-A and IV-F of
the
"Social
Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as those titles
existed prior to the enactment of the
"Personal
Responsibility and
Work Opportunity
Reconciliation Act of 1996," 110 Stat.
2105.
The department of job and family services shall determine the actual amount of the county share from expenditure reports submitted to the United States department of health and human services. The percentage shall be the percentage established in rules adopted under division (F) of this section.
(b) For state fiscal years 2000 and
2001, seventy-seven per
cent of the amount determined under division
(B)(3)(a) of this
section.
(C)(1) If a county's share of public assistance
expenditures
determined under division (B) of
this section for a state fiscal
year exceeds one hundred ten
per cent of the county's share for
those expenditures for the
immediately preceding state fiscal
year, the department of job
and family services shall reduce the
county's share for expenditures under
divisions
(B)(1) and (2) of
this section so that the total of the county's
share for
expenditures under division (B) of this section equals one
hundred
ten per cent of the county's share of those
expenditures for the
immediately preceding state fiscal year.
(2) A county's share of public assistance expenditures
determined under division (B) of this section may be increased
pursuant to a sanction under section 5101.24 of the Revised
Code.
(D)(1) If the per capita tax duplicate of
a county is less
than the per capita tax duplicate of the state as a whole and
division (D)(2) of this section does not apply to the
county, the
percentage to be used
for the purpose of division (B)(2) of this
section is the
product of ten multiplied by a fraction of
which
the numerator is the per capita tax duplicate of the county
and
the denominator is the per capita tax duplicate of the state
as a
whole. The department of job and family services
shall
compute
the per capita tax duplicate for the state and for each
county by
dividing the tax duplicate for the most recent
available year by
the current estimate of population prepared by
the department of
development.
(2) If the percentage of families in a county with an
annual
income of less than three thousand dollars is greater than
the
percentage of such families in the state and division
(D)(1) of
this section does not apply to the county,
the percentage to be
used for the
purpose of division (B)(2) of this section is the
product
of ten multiplied by a fraction of which the
numerator is
the percentage of families in the state with an
annual income of
less than three thousand dollars a year and the
denominator is the
percentage of such families in the county. The department
of job
and family services shall compute the percentage
of families with
an annual income of less than three thousand
dollars for the state
and for each
county by
multiplying the most recent estimate of
such families published
by the department of development, by a
fraction, the numerator of
which is the estimate of average annual
personal income published
by the bureau of economic analysis of
the United States
department of commerce for the year on which the
census estimate
is based and the denominator of which is the most
recent such
estimate published by the bureau.
(3) If the per capita tax duplicate of
a county is less than
the per capita tax duplicate of the state as a
whole and the
percentage of families in the county with an annual income of
less
than three thousand dollars is greater than the percentage of such
families in the state,
the percentage to be used for the purpose
of division
(B)(2) of this section shall be determined as
follows:
(a) Multiply ten by the fraction determined
under
division
(D)(1) of this section;
(b) Multiply the product determined under
division
(D)(3)(a)
of this section
by the fraction determined under division
(D)(2)
of this section.
(4) The department of job and family services shall
determine, for
each county,
the percentage to be used for the
purpose of division
(B)(2) of this section not later than the
first
day of July of the year preceding the state fiscal
year for
which the percentage is used.
(E) The department of job and family services shall
credit
to
a county the amount of federal reimbursement the department
receives from the
United States departments of agriculture and
health and human
services for the county's expenditures for
administration of food stamps
and medicaid that the
department
determines are allowable administrative
expenditures.
(F)(1) The director of job and
family services
shall adopt
rules in accordance
with section 111.15 of the
Revised Code
to
establish all of the following:
(1)(a) The method the department is to use to
change
a
county's
share of public assistance expenditures
determined under division
(B) of this section
as provided in division (C) of this
section;
(2)(b) The allocation methodology and formula the department
will
use to determine the amount of funds to credit to a county
under
this section;
(3)(c) The method the department will use to change the payment
of the county share of public assistance expenditures from a
calendar-year basis to a state fiscal year basis;
(4)(d) The percentage to be used for the purpose of division (B)(3) of this section, which shall not be less than seventy-five per cent nor more than eighty-two per cent;
(e) Other procedures and requirements necessary to implement
this section.
(2) The director of job and family services may amend the rule adopted under division (F)(1)(d) of this section to modify the percentage on determination that the amount the general assembly appropriates for Title IV-A programs makes the modification necessary. The rule shall be adopted and amended as if an internal management rule and in consultation with the director of budget and management.
Sec. 5101.162. The Subject to available federal funds and appropriations made by the general assembly, the department of job and family services
may, at its sole discretion,
use available federal funds to reimburse county expenditures for
county administration of food stamps or medicaid even though the
county expenditures meet or exceed the maximum allowable reimbursement
amount established by rules adopted under section 5101.161 of the
Revised Code
if the board
of county commissioners has not entered
into a
partnership fiscal agreement with the director of job and family
services under section 5101.21 of the Revised Code. The
director
may adopt
internal management rules in accordance with section
111.15 of the Revised
Code to implement this section.
Sec. 5101.18. (A) When the director of
job and family
services adopts rules under section 5107.05 regarding
income
requirements for the
Ohio works first program and
under section
5115.05 5115.03 of the
Revised
Code regarding income and
resource
requirements for the disability financial assistance program, the
director
shall determine what payments shall
be
regarded or disregarded.
In making this
determination, the director shall consider:
(1) The source of the payment;
(2) The amount of the payment;
(3) The purpose for which the payment was made;
(4) Whether regarding the payment as income would be in
the
public interest;
(5) Whether treating the payment as income would be
detrimental to
any of the programs administered in whole or in
part by the
department of job and family services and whether such
determination
would
jeopardize the receipt of any federal grant or
payment by the
state or any receipt of aid under Chapter 5107. of
the Revised
Code.
(B) Any recipient of aid under Title XVI of the
"Social
Security Act,"
49 Stat. 620
(1935), 42 U.S.C. 301, as amended,
whose money payment is
discontinued as the result of a general
increase in old-age,
survivors, and disability insurance benefits
under such act,
shall remain a recipient for the purpose
of
receiving
medical assistance through the medical assistance
program
established under section 5111.01 of the Revised Code.
Sec. 5101.181. (A) As used in this section and section 5101.182 of the
Revised Code, "public assistance" includes, in addition to Ohio
works first; prevention, all of the following:
(1) Prevention retention, and
contingency; medicaid
(2) Medicaid; and disability
(3) Disability financial
assistance, general;
(4) Disability medical assistance;
(5) General assistance provided
prior to July
17, 1995, under former Chapter 5113. of
the Revised Code.
(B) As part of the procedure for the
determination of overpayment to a recipient of public assistance
under Chapter 5107., 5108., 5111., or 5115. of the Revised Code,
the director of job and family services shall furnish quarterly the name
and social security number of each individual who receives public
assistance to the director of administrative services, the
administrator of the bureau of workers' compensation, and each of
the state's retirement boards. Within fourteen days after
receiving the name and social security number of an individual
who receives public assistance, the director of administrative
services, administrator, or board shall inform the auditor of
state as to whether such individual is receiving wages or
benefits, the amount of any wages or benefits being received, the
social security number, and the address of the individual. The
director of administrative services, administrator, boards, and
any agent or employee of those officials and boards shall comply
with the rules of the director of job
and family services restricting the disclosure of information regarding
recipients of public
assistance. Any person who violates this provision shall
thereafter be disqualified from acting as an agent or employee or
in any other capacity under appointment or employment of any
state board, commission, or agency.
(C) The auditor of state may enter into a reciprocal
agreement with the director of job and family services or
comparable
officer of any other state for the exchange of names, current or
most recent addresses, or social security numbers of persons
receiving public assistance under Title
IV-A or under
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended.
(D)(1) The auditor of state shall retain, for not less than two years, at
least one copy of all information
received under this section and sections 145.27, 742.41,
3307.20, 3309.22, 4123.27, 5101.182, and 5505.04 of
the Revised
Code. The auditor shall review the information to determine whether
overpayments were made to recipients of
public assistance under Chapters 5107., 5108., 5111., and 5115.
of the Revised Code. The auditor of state
shall initiate action leading to prosecution, where warranted, of
recipients who received overpayments by forwarding the name of
each recipient who received overpayment, together with other
pertinent information, to the director of job and family
services and the
attorney general, to the district director of job and
family services of
the district through which public assistance was received, and to
the county director of job and family services and county
prosecutor of
the county through which public assistance was received.
(2) The auditor of state and the attorney general or their
designees may examine any records, whether in computer or printed
format, in the possession of the director of job and
family services or
any county director of job and family services. They
shall provide
safeguards which restrict access to such records to purposes
directly connected with an audit or investigation, prosecution,
or criminal or civil proceeding conducted in connection with the
administration of the programs and shall comply with the rules of
the director of job and family
services restricting the disclosure of
information regarding recipients of public assistance. Any
person who violates this provision shall thereafter be
disqualified from acting as an agent or employee or in any other
capacity under appointment or employment of any state board,
commission, or agency.
(3) Costs incurred by the auditor of state in carrying out
the auditor of state's duties under this division shall be
borne by
the auditor of state.
Sec. 5101.21. (A) As used in sections 5101.21 to
5101.24 of the Revised
Code, "workforce development
agency" and "workforce development activity" have
the same
meanings as in section 6301.01 of the Revised Code.
(B) The director of job and family services shall enter
into a one or more written partnership
agreement fiscal agreements with each
board of county commissioners.
(C)(1) Each partnership agreement shall include provisions
regarding the administration and design of all of the following:
(a) The
Ohio works first program established under Chapter 5107.
of the Revised Code;
(b) The prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code;
(c) Duties assumed by a
county department of job and family services pursuant to
an
agreement entered into under section 329.05 of the Revised Code;
(d) Any other
county department of job and family services' duties that
the director and board
mutually agree to include in the agreement;
(e) If, for the purpose of Chapter 6301. of the
Revised Code, the
county the board serves is a local area defined in division (A)(2)
or (3) of section 6301.01 of the Revised Code, workforce
development activities provided by the workforce development agency
established or designated for the local area.
(2) Each partnership agreement may include provisions
regarding the
administration and design of the duties of child support enforcement agencies
and public children services agencies included in a plan of cooperation
entered into under section 307.983 of the Revised Code that the director and
board mutually
agree to include in the agreement.
(D) Family services duties and workforce development
activities included in a partnership
agreement shall be vested in the board of county commissioners. The
agreement shall comply with
federal statutes and regulations, state statutes, and, except as provided
in division (D)(9) of this
section, state rules governing the family
services duties or workforce development activities included in the
agreement.
A partnership under which financial assistance is awarded for family services duties included in the agreements. A fiscal agreement shall include responsibilities
that the state department of job and family services,
county family services agencies administering family
services duties included in
the agreement, and workforce development agencies administering
workforce development activities included in the agreement must satisfy.
The agreement shall establish,
specify, or provide for do all of the following:
(1) Requirements governing the administration and design
of, and county family services agencies' or
workforce development agencies' cooperation to enhance,
family services duties or workforce
development activities included in the agreement Specify the family services duties included in the agreement and the private and government entities designated under section 307.981 of the Revised Code to serve as the county family services agencies performing the family services duties;
(2) Outcomes that county family services
agencies or workforce development agencies are
expected to achieve from the administration and design of family services
duties or workforce development
activities included in the agreement and assistance,
services, and technical support the state department will
provide the county family services agencies or
workforce development agencies to aid the agencies
in achieving the expected outcomes Provide for the department of job and family services to award financial assistance for the family services duties included in the agreement in accordance with a methodology for determining the amount of the award established by rules adopted under division (C) of this section;
(3) Performance and other administrative standards county family
services agencies or workforce development
agencies
are required to meet in the design, administration, and outcomes of family
services duties or workforce development
activities included in the agreement and assistance,
services, and technical support the state department will
provide the county family services agencies or
workforce development agencies to aid the agencies
in meeting the performance and other administrative standards Specify the form of the award of financial assistance which may be an allocation, cash draw, reimbursement, or, to the extent authorized by an appropriation made the general assembly and to the extent practicable and not in conflict with a federal or state law, a consolidated funding allocation for two or more family services duties included in the agreement;
(4) Criteria and methodology the state department will
use to evaluate whether expected outcomes are achieved and
performance and other administrative standards are met and county
family services agencies
or workforce development agencies will use to evaluate whether the
state department is providing
agreed upon assistance, services, and technical support Provide that the award of financial assistance is subject to the availability of federal funds and appropriations made by the general assembly;
(5) Annual Specify annual financial, administrative, or other incentive
awards, if any, to be provided in accordance with section
5101.23 of the Revised
Code;
(6) The state Include the board of county commissioners' assurance that the board will do all of the following:
(a) Ensure that the financial assistance awarded under the agreement is used, and the family services duties included in the agreement are performed, in accordance with requirements for the duties established by the department or any of the following: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal agency, or executive order;
(b) Ensure that the board and county family services agencies utilize a financial management system and other accountability mechanisms for the financial assistance awarded under the agreement that meet requirements the department establishes;
(c) Require the county family services agencies to do both of the following:
(i) Monitor all private and government entities that receive a payment from financial assistance awarded under the agreement to ensure that each entity uses the payment in accordance with requirements for the family services duties included in the agreement;
(ii) Take action to recover payments that are not used in accordance with the requirements for the family services duties included in the agreement.
(d) Require county family services agencies to promptly reimburse the department the amount that represents the amount an agency is responsible for of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(e) Require county family services agencies to take prompt corrective action if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with requirements for a family services duty included in the agreement determines compliance has not been achieved;
(f) If the department establishes a consolidated funding allocation for two or more family services duties included in the agreement, require the county family services agencies to use funds available in the consolidated funding allocation only for the purpose for which the funds are appropriated.
(7) Provide for the department taking action pursuant to division
(C) of section 5101.24 of the Revised Code if authorized by division
(B)(1), (2), or (3), or (4) of
that
section applies;
(7) The funding of family services duties or
workforce development activities included in the
agreement and whether the state department will establish a
consolidated funding
allocation under division (E)
of this section. The agreement shall either specify the amount
of payments to be made for the family services
duties or workforce development activities included in
the agreement or the method that will be used to determine the
amount of payments.
(8) Audits Provide for audits required by federal statutes and regulations
and state law and requirements for require prompt release of audit
findings and prompt action to correct problems identified in an
audit;
(9) Which, if any, of the state department's rules will
be waived so that a policy provided for in the agreement may be
implemented Comply with all of the requirements for the family services duties that are included in the agreement and have been established by the department or any of the following: federal or state law, state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, or executive orders;
(10) The Establish the method of amending or terminating the agreement
and an expedited process for correcting terms or conditions of
the agreement that the director and board of county commissioners agree
are
erroneous;
(11) Dispute resolution procedures for anticipated and
unanticipated disputes. The agreement may establish different
dispute resolution procedures for different types of disputes.
Dispute resolution procedures may include negotiation,
mediation, arbitration, adjudication conducted by a hearing
officer or fact-finding panel, and other procedures.
(12) The Specify the date the agreement is to commence or and end. An
agreement may not commence before it is entered into nor end
later than the last day of the state fiscal biennium for which
it is entered into.
(13) If workforce development activities are included in the agreement,
all of the following:
(a) The workforce development plan prepared under section 6301.07
of the Revised Code to be attached to and incorporated into
the agreement;
(b) A description of the services, and a list of the core
services, provided in the one-stop system for workforce development activities
the county served by
the board participates in under section 6301.06 of the Revised
Code to be included in the
agreement;
(c) If the county served by the board of county commissioners is
in the type of local area defined in division (A)(3) of section
6301.01 of the Revised Code, the method and manner by which
the
board of county commissioners of each county and the chief elected
official of a municipal corporation in the local area shall
coordinate workforce development activities and resolve
disagreements concerning either of the following:
(i) Choices concerning specifically who to appoint to the
workforce policy board created under section 6301.06 of the
Revised Code, within the criteria for membership set forth
in that section;
(ii) Whether a member of the workforce policy board is performing
satisfactorily for purposes of serving at the pleasure of the chief elected
officials of the local area.
(14) Other provisions determined necessary by the state department, board,
county family
services agency, and workforce development agency.
(E)(B) The state department
shall make payments authorized by a partnership fiscal agreement on vouchers it
prepares and may
include any funds appropriated or allocated to it for carrying
out family services duties or workforce
development activities vested in the board of county
commissioners under included in the agreement, including funds for personal
services and maintenance.
(F)(1) To the extent practicable and not in conflict with federal
statutes or regulations, state law, or an appropriation made
by the general assembly, the director may establish a
consolidated funding allocation for any of the following:
(a) Two or more family services duties included in
the
agreement;
(b) Two or more workforce development activities included in the
agreement;
(c) One or more family services duties and workforce development
activities included in the agreement.
(2) The consolidated funding allocation may be for either of the
following:
(a) A county that is the type of local area defined in division
(A)(2) of section 6301.01 of the Revised Code;
(b) Two or more counties, or a municipal corporation and one or
more counties, in the type of local area defined in division
(A)(3) of section 6301.01 of the
Revised Code that are coordinating and integrating
workforce development activities in the local area.
(3) A county family services agency or
workforce development agency shall use
funds available
in a consolidated funding allocation only for the purpose for which the funds
were appropriated.
(C)(1) The director shall adopt rules in accordance with section 111.15 of the Revised Code governing fiscal agreements. The director shall adopt the rules as if they were internal management rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded under the agreements and may do any or all of the following:
(a) Govern the establishment of consolidated funding allocations and other allocations;
(b) Specify allowable uses of financial assistance awarded under the agreements;
(c) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of financial assistance awarded under the agreements and determine compliance with requirements established by the department or any of the following: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal entity, or executive orders.
(2) A requirement of a fiscal agreement established by a rule adopted under this division is applicable to a fiscal agreement without having to be restated in the fiscal agreement.
Sec. 5101.211. (A) As used in this section of the Revised Code:
(1) "Local area" has the same meaning as in section 101 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended, and division (A) of section 6301.01 of the Revised Code;
(2) "Chief elected official" has the same meaning as in section 101 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended, and division (F) of section 6301.01 of the Revised Code;
(3) "Grantee" means the chief elected officials of a local area.
(B) The director of job and family services shall enter into one or more written grant agreements with each local area under which financial assistance is awarded for workforce development activities included in the agreements. A grant agreement shall establish the terms and conditions governing the accountability for and use of grants provided by the department of job and family services to the grantee for the administration of workforce development activities funded under the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended.
(C) In the case of a local area comprised of multiple political subdivisions, nothing in this section shall preclude the chief elected officials of a local area from entering into an agreement among themselves to distribute any liability for activities of the local area, but such an agreement shall not be binding on the department of job and family services.
(D) The written grant agreement entered into under division (B) of this section shall comply with all applicable federal and state laws governing workforce development activities. All federal conditions and restrictions that apply to the use of grants received by the department of job and family services shall apply to the use of the grants received by the local areas from the department.
(E) A written grant agreement entered into under division (B) of this section shall:
(1) Identify the chief elected officials for the local area;
(2) Provide for the incorporation of the local workforce development plan;
(3) Include the chief elected officials' assurance that the local area and any subgrantee or contractor of the local area will do all of the following:
(a) Ensure that the financial assistance awarded under the grant agreement is used, and the workforce development duties included in the agreement are performed, in accordance with requirements established by the department or any of the following: federal or state law, the state plan for receipt of federal financial participation, grant agreements between the department and a federal agency, or executive orders.
(b) Ensure that the chief elected officials and any subgrantee or contractor of the local area utilize a financial management system and other accountability mechanisms that meet requirements the department establishes;
(c) Require the chief elected officials and any subgrantee or contractor of the local area to do both of the following:
(i) Monitor all private and government entities that receive a payment from financial assistance awarded under the grant agreement to ensure that each entity uses the payment in accordance with requirements for the workforce development duties included in the agreement;
(ii) Take action to recover payments that are not used in accordance with the requirements for the workforce development duties that are included in the agreement.
(d) Require the chief elected officials of a local area to promptly reimburse the department the amount that represents the amount a local area is responsible for of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(e) Require chief elected officials of a local area to take prompt corrective action if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with requirements for a workforce development duty included in the agreement determines compliance has not been achieved;
(4) Provide that the award of financial assistance is subject to the availability of federal funds and appropriations made by the general assembly;
(5) Provide for annual financial, administrative, or other incentive awards, if any, to be provided in accordance with section 5101.23 of the Revised Code.
(6) Establish the method of amending or terminating the grant agreement and an expedited process for correcting terms or conditions of the agreement that the director and the chief elected officials agree are erroneous.
(7) Provide for the department of job and family services to award financial assistance for the workforce development duties included in the agreement in accordance with a methodology for determining the amount of the award established by rules adopted under division (F) of this section.
(8) Determine the dates that the grant agreement begins and ends.
(F)(1) The director shall adopt rules in accordance with section 111.15 of the Revised Code governing grant agreements. The director shall adopt the rules as if they were internal management rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded under the agreements and may do any of the following:
(a) Govern the establishment of consolidated funding allocations and other allocations;
(b) Specify allowable uses of financial assistance awarded under the agreements;
(c) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of financial assistance awarded under the agreements and determine compliance with requirements established by the department or any of the following: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal entity, or executive order.
(2) A requirement of a grant agreement established by a rule adopted under this division is applicable to a grant agreement without having to be restated in the grant agreement.
Sec. 5101.211 5101.212. The director of job and family services
may enter into a written
agreement with one or more state agencies, as defined in section
117.01 of the Revised
Code, and state universities
and colleges to assist in the coordination, provision, or
enhancement of the family services duties of a
county family services agency or the workforce development
activities of a workforce development agency. The director also may enter
into written
agreements or contracts with, or issue grants to, private and
government entities under which funds are provided for the
enhancement or innovation of family services duties or
workforce development activities on the
state or local level. The terms of an agreement, contract, or grant
under this section may be incorporated into a partnership
agreement the director enters into with a board of county
commissioners under section 5101.21 or with the chief elected official of a
municipal corporation under section 5101.213 of the Revised
Code, if the director and board or chief elected official
and state agency, state university or college, or private or
government entity agree.
The director may adopt internal management rules in accordance with section
111.15 of the Revised Code to implement this section.
Sec. 5101.212 5101.213. If the director of job and family
services
enters
into an agreement or contracts with, or issues a grant to,
a
religious organization under section 5101.211 5101.212 of the
Revised
Code, the religious
organization shall comply with section 104 of
the
Personal Responsibility and Work Opportunity and
Reconciliation Act of 1996
(P.L. 104-193).
Sec. 5101.214. The director of job and family services may enter into agreements with one-stop operators and one-stop partners for the purpose of implementing the requirements of section 121 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801.
Sec. 5101.22. The department of job and family services
may establish performance and other administrative standards for the
administration and outcomes of family services duties and workforce
development
activities and determine at intervals the department
decides the degree to which a county family
services agency or workforce development agency
complies with a performance or other administrative standard. The
department may use
statistical sampling, performance audits, case reviews, or other
methods it determines necessary and appropriate to determine
compliance with performance and administrative standards.
A performance or other administrative standard established under this section
for
a family service duty or workforce development
activity does not apply to a county
family services
agency or workforce development agency administering the duty if a
different performance or administrative
standard is specified for the agency's administration of the
duty or activity pursuant to a partnership agreement entered into under
section 5101.21 or 5101.213 of the Revised
Code.
The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code to implement this section. If the director adopts the rules, the director shall adopt the rules as if they were internal management rules.
Sec. 5101.24. (A) As used in this section, "responsible entity" means the
following:
(1) If the family services duty or workforce development activity
involved is included in a partnership agreement a board of county
commissioners and the director of job and family services enters into
under section 5101.21 of the Revised Code, the
board
regardless of the fact that or
a county family services agency performs the family services
duty or a workforce development agency performs the workforce development
activity.
(2) If the family services duty or workforce development activity
involved is not included in a partnership agreement, the county family
services agency or workforce development agency, whichever the director of job and family services determines is appropriate to take action against under division (C) of this section.
(B) The Regardless of whether a family services duty is performed by a county family services agency, private or government entity pursuant to a contract entered into under section 307.982 of the Revised Code or division (C)(2) of section 5153.16 of the Revised Code, or private or government provider of a family service duty, the department of job and family services
may
take action under
division (C) of this section against the responsible
entity if the department determines
any of the following apply to the county family services agency
performing the family services duty or workforce
development agency providing the workforce development activity are the case:
(1) The agency fails to meet a A requirement of a fiscal agreement entered into under section 5101.21 of the Revised Code that includes the family services duty, including a requirement for fiscal agreements established by rules adopted under that section, is not complied with;
(2) A performance standard specified in a partnership agreement entered into under section 5101.21
or for the family services duty
established under section 5101.22 of the Revised Code for the duty or
activity is not met;
(2) The agency fails to comply with a (3) A requirement for the family services duty
established by the department or any of the following is not complied with: a federal statute or regulations, state statute, or a
department rule for the duty or activity law, state plan for receipt of federal financial participation, grant agreement between the department and a federal agency, or executive order;
(3)(4) The agency responsible entity is solely or partially responsible, as determined by the director of job and family services, for an adverse audit or finding, adverse
quality control finding,
final disallowance of federal financial participation, or other
sanction or penalty regarding the family services duty or activity.
(C) The
department may take one or more of the
following actions against the
responsible entity if when authorized by
division (B)(1), (2), or (3), or (4) of
this section applies:
(1) Require the responsible entity to submit to and
comply with a
corrective action plan, established or approved by the department, pursuant to a time schedule specified by
the department;
(2) Require the responsible entity to do one of the following:
(a) Share with the department a final disallowance of federal
financial participation or other sanction or penalty;
(b) Reimburse the department the amount the department pays to
the federal government or another entity that represents the amount the agency responsible entity
is responsible for of
an adverse audit or finding, adverse quality control finding, final disallowance of
federal financial participation, or other sanction or penalty
issued by the federal government, auditor of state, or other entity;
(c) Pay the federal government or another entity the amount that
represents the amount the agency responsible entity is responsible for of an adverse
audit or finding, adverse quality control finding, final disallowance of federal
financial participation, or other sanction or penalty issued by
the federal government, auditor of state, or other entity;
(d) Pay the department the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, or other sanction or penalty issued by the department.
(3) Impose a financial or administrative sanction or adverse
audit finding issued by the department against
the responsible entity. A
sanction may be
increased if the department has previously taken action against
the responsible entity under this division.
(4) Perform, or contract
with a government or private entity for the entity to perform, the family
services duty or workforce development
activity until
the department is satisfied that the responsible entity
ensures that the duty or activity will be performed satisfactorily.
If the department
performs or contracts with an entity to perform a
family services duty or workforce development
activity under division
(C)(4) of this section, the
department may do either or both of the following:
(a) Spend funds in the county treasury appropriated by the board of county commissioners
for the duty or activity;
(b) Withhold funds allocated or reimbursements due to the responsible entity for the
duty or activity and spend the funds for the duty or activity.
(5) Request that the attorney general bring mandamus
proceedings to compel the responsible entity to take or
cease the action
that causes division (B)(1),
(2), or (3), or (4) of this section to apply. The
attorney general shall bring mandamus proceedings in the
Franklin county court of
appeals at the department's request.
(6) If the department takes action under this division because of division (B)(3) of this section, withhold funds allocated or reimbursement due to the responsible entity until the department determines that the responsible entity is in compliance with the requirement. The department shall release the funds when the department determines that compliance has been achieved.
(D) If the department
decides proposes to take action against
the responsible entity under division (C) of this
section, the department shall notify the responsible entity and county
auditor.
The notice shall be in writing and specify the action the department proposes to take. The department shall send the notice by regular United States mail.
The Except as provided by division (E) of this section, the responsible entity may request
an
administrative review of a proposed action, other
than a proposed action under division (C)(5) of this
section, by sending a
written request to the department not later than in accordance with administrative review procedures the department shall establish. The administrative review procedures shall comply with all of the following:
(1) A request for an administrative review shall state specifically all of the following:
(a) The proposed action specified in the notice from the department for which the review is requested;
(b) The reason why the responsible entity believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible entity wants the department to consider;
(d) The name of the person who will serve as the responsible entity's representative in the review.
(2) If the department's notice specifies more than one proposed action and the responsible entity does not specify all of the proposed actions in its request pursuant to division (D)(1)(a) of this section, the proposed actions not specified in the request shall not be subject to administrative review and the parts of the notice regarding those proposed actions shall be final and binding on the responsible entity.
(3) In the case of a proposed action under division (C)(1) of
this section, the responsible entity shall have fifteen calendar days after the department mails the notice
to the responsible entity to send a written request to the department for an administrative review. If it receives such a
request within the required time, the department shall postpone
taking action under division (C)(1) of this section for fifteen calendar
days following the day it receives the request. The to allow a representative of the department and a representative of the
responsible entity
shall attempt an informal opportunity to resolve any dispute during that fifteen-day period.
(2)(4) In the case of a proposed action under division (C)(2), (3), or (4) of
this section, forty-five the responsible entity shall have thirty calendar days after the department mails the
notice to the responsible entity to send a written request to the department for an administrative review. The administrative review shall
be limited solely to the issue of the amount the responsible
entity shall share with the department, reimburse the department,
or pay to the federal government or another entity under division
(C)(2) of this section. The If it receives such a request within the required time, the department shall postpone taking action under division (C)(2), (3), or (4) of this section for thirty calendar days following the day it receives the request to allow a representative of the department and a representative of the responsible entity
shall attempt an informal opportunity to resolve any dispute within sixty days during that thirty-day period.
(3) In the case of a proposed action under division (C)(3) or (4)
of this section, forty-five days
after the department mails the notice to the responsible
entity.
The department and responsible entity shall attempt to resolve any
dispute within sixty days.
If the department and responsible entity fail to
resolve any dispute within the required time,
the department shall conduct a hearing in
accordance with Chapter 119. of
the Revised
Code, except that the
department, notwithstanding section 119.07 of the
Revised
Code, is not required to
schedule the hearing within fifteen days of the responsible
entity's request.
(E)(5) In the case of a proposed action under division (C)(2) of this section, the responsible entity may not include in its request disputes over a finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or entity other than the department.
(6) If the responsible entity fails to request an administrative review within the required time, the responsible entity loses the right to request an administrative review of the proposed actions specified in the notice and the notice becomes final and binding on the responsible entity.
(7) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute, the director of job and family services shall appoint an administrative review panel to conduct the administrative review. The review panel shall consist of department employees who are not involved in the department's proposal to take action against the responsible party. The review panel shall review the responsible party's request. The review panel may require that the department or responsible party submit additional information and schedule and conduct an informal hearing to obtain testimony or additional evidence. A review of a proposal to take action under division (C)(2) of this section shall be limited solely to the issue of the amount the responsible entity shall share with the department, reimburse the department, or pay to the federal government, department, or other entity under division (C)(2) of this section. The review panel is not required to make a stenographic record of its hearing or other proceedings.
(8) After finishing an administrative review, an administrative review panel appointed under division (D)(7) of this section shall submit a written report to the director setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations. If the director modifies or disapproves the recommendations, the director shall state the reasons for the modification or disapproval and the actions to be taken against the responsible entity.
(9) The director's approval, modification, or disapproval under division (D)(8) of this section shall be final and binding on the responsible entity and shall not be subject to further departmental review.
(E) The responsible entity is not entitled to an administrative review under division (D) of this section for any of the following:
(1) An action taken under division (C)(5) or (6) of this section;
(2) An action taken under section 5101.242 of the Revised Code;
(3) An action taken under division (C)(2) of this section if the federal government, auditor of state, or entity other than the department has identified the county family services agency as being solely or partially responsible for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(4) An adjustment to an allocation, cash draw, advance, or reimbursement to a county family services agency that the department determines necessary for budgetary reasons;
(5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting requirement established in rules adopted under section 5101.243 of the Revised Code.
(F) This section does not apply to other actions the department takes against the responsible entity pursuant to authority granted by another state law unless the other state law requires the department to take the action in accordance with this section.
(G) The director of job and family services may adopt
rules in accordance with Chapter 119. of the Revised Code as necessary to
implement this section.
Sec. 5101.241. (A) As used in this section:
(1) "Local area" and "chief elected official" have the same meaning as in section 5101.211 of the Revised Code.
(2) "Responsible entity" means the chief elected officials of a local area.
(B) The department of job and family services may take action under division (C) of this section against the responsible entity, regardless of who performs the workforce development activity, if the department determines any of the following are the case:
(1) A requirement of a grant agreement entered into under section 5101.211 of the Revised Code that includes the workforce development activity, including a requirement for grant agreements established by rules adopted under that section, is not complied with;
(2) A performance standard for the workforce development activity established under section 5101.22 of the Revised Code is not met;
(3) A requirement for the workforce development activity established by the department or any of the following is not complied with: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal agency, or executive order;
(4) The responsible entity is solely or partially responsible, as determined by the director of job and family services, for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty regarding the workforce development activity.
(C) The department may take one or more of the following actions against the responsible entity when authorized by division (B)(1), (2), (3), or (4) of this section:
(1) Require the responsible entity to submit to and comply with a corrective action plan, established or approved by the department, pursuant to a time schedule specified by the department;
(2) Require the responsible entity to do one of the following:
(a) Share with the department a final disallowance of federal financial participation or other sanction or penalty;
(b) Reimburse the department the amount the department pays to the federal government or another entity that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(c) Pay the federal government or another entity the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(d) Pay the department the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, or other sanction or penalty issued by the department.
(3) Impose a financial or administrative sanction or adverse audit finding issued by the department against the responsible entity, which may be increased with each subsequent action taken against the responsible entity.
(4) Perform or contract with a government or private entity for the entity to perform the workforce development activity until the department is satisfied that the responsible entity ensures that the activity will be performed to the department's satisfaction. If the department performs or contracts with an entity to perform the workforce development activity under division (C)(4) of this section, the department may withhold funds allocated to or reimbursements due to the responsible entity for the activity and use those funds to implement division (C)(4) of this section.
(5) Request the attorney general to bring mandamus proceedings to compel the responsible entity to take or cease the actions listed in division (B) of this section. The attorney general shall bring any mandamus proceedings in the Franklin county court of appeals at the department's request.
(6) If the department takes action under this division because of division (B)(3) of this section, withhold funds allocated or reimbursement due to the responsible entity until the department determines that the responsible entity is in compliance with the requirement. The department shall release the funds when the department determines that compliance has been achieved.
(D) The department shall notify the responsible entity and the appropriate county auditor when the department proposes to take action under division (C) of this section. The notice shall be in writing and specify the action the department proposes to take. The department shall send the notice by regular United States mail. Except as provided in division (E) of this section, the responsible entity may request an administrative review of a proposed action in accordance with administrative review procedures the department shall establish. The administrative review procedures shall comply with all of the following:
(1) A request for an administrative review shall state specifically all of the following:
(a) The proposed action specified in the notice from the department for which the review is requested;
(b) The reason why the responsible entity believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible entity wants the department to consider;
(d) The name of the person who will serve as the responsible entity's representative in the review.
(2) If the department's notice specifies more than one proposed action and the responsible entity does not specify all of the proposed actions in its request pursuant to division (D)(1)(a) of this section, the proposed actions not specified in the request shall not be subject to administrative review and the parts of the notice regarding those proposed actions shall be final and binding on the responsible entity.
(3) In the case of a proposed action under division (C)(1) of this section, the responsible entity shall have fifteen calendar days after the department mails the notice to the responsible entity to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(1) of this section for fifteen calendar days following the day it receives the request to allow a representative of the department and a representative of the responsible entity an informal opportunity to resolve any dispute during that fifteen-day period.
(4) In the case of a proposed action under division (C)(2), (3), or (4) of this section, the responsible entity shall have thirty calendar days after the department mails the notice to the responsible entity to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(2), (3), or (4) of this section for thirty calendar days following the day it receives the request to allow a representative of the department and a representative of the responsible entity an informal opportunity to resolve any dispute during that thirty-day period.
(5) In the case of a proposed action under division (C)(2) of this section, the responsible entity may not include in its request disputes over a finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity other than the department.
(6) If the responsible entity fails to request an administrative review within the required time, the responsible entity loses the right to request an administrative review of the proposed actions specified in the notice and the notice becomes final and binding on the responsible entity.
(7) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute, the director of job and family services shall appoint an administrative review panel to conduct the administrative review. The review panel shall consist of department employees who are not involved in the department's proposal to take action against the responsible entity. The review panel shall review the responsible entity's request. The review panel may require that the department or responsible entity submit additional information and schedule and conduct an informal hearing to obtain testimony or additional evidence. A review of a proposal to take action under division (C)(2) of this section shall be limited solely to the issue of the amount the responsible entity shall share with the department, reimburse the department, or pay to the federal government, department, or other entity under division (C)(2) of this section. The review panel is not required to make a stenographic record of its hearing or other proceedings.
(8) After finishing an administrative review, an administrative review panel appointed under division (D)(7) of this section shall submit a written report to the director setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations. If the director modifies or disapproves the recommendations, the director shall state the reasons for the modification or disapproval and the actions to be taken against the responsible entity.
(9) The director's approval, modification, or disapproval under division (D)(8) of this section shall be final and binding on the responsible entity and shall not be subject to further departmental review.
(E) The responsible entity is not entitled to an administrative review under division (D) of this section for any of the following:
(1) An action taken under division (C)(5) or (6) of this section;
(2) An action taken under section 5101.242 of the Revised Code;
(3) An action taken under division (C)(2) of this section if the federal government, auditor of state, or entity other than the department has identified the responsible entity as being solely or partially responsible for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(4) An adjustment to an allocation, cash draw, advance, or reimbursement to the responsible entity's local area that the department determines necessary for budgetary reasons;
(5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting requirement established in rules adopted under section 5101.243 of the Revised Code.
(F) This section does not apply to other actions the department takes against the responsible entity pursuant to authority granted by another state law unless the other state law requires the department to take the action in accordance with this section.
(G) The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section.
Sec. 5101.242. The department of job and family services may certify a claim to the attorney general under section 131.02 of the Revised Code for the attorney general to take action under that section against a responsible entity to recover any funds that the department determines the responsible entity owes the department for actions taken under division (C)(2), (3), or (4) of section 5101.24 or 5101.241 of the Revised Code.
Sec. 5101.243. The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code establishing reporting requirements for family services duties and workforce development activities. If the director adopts the rules, the director shall adopt the rules as if they were internal management rules.
Sec. 5101.36. Any application for public assistance gives
a
right of subrogation to the department of job and family services
for
any workers' compensation benefits payable to a person who is
subject to a support order, as defined in section
3119.01 of the
Revised Code, on behalf of the applicant,
to the extent of any
public assistance payments made on the
applicant's behalf. If the
director of job and family services, in
consultation with a child
support enforcement agency and the
administrator of the bureau of
workers' compensation, determines
that a person responsible for
support payments to a recipient of
public assistance is receiving
workers' compensation, the
director shall notify the administrator
of the amount of the benefit to be
paid to the department of job
and family services.
For purposes of this section,
"public assistance" means
medical assistance provided through the medical assistance
program
established under section 5111.01 of the Revised Code;
Ohio works
first provided
under Chapter 5107. of the
Revised Code;
prevention, retention, and contingency
benefits and
services
provided
under Chapter 5108. of the Revised Code; or
disability financial
assistance
provided under Chapter
5115. of the Revised
Code; or disability medical assistance provided under Chapter 5115. of the Revised Code.
Sec. 5101.58. As used in this section and section 5101.59 of the Revised
Code, "public assistance" means aid provided under Chapter 5111. or 5115. of
the Revised Code and participation in the Ohio works first program established
under Chapter 5107. of the Revised Code.
The acceptance of
public assistance gives a right
of recovery to the department of job and family services and
a county department of job and family services against the
liability of a third party for the cost of medical services and care
arising out of injury, disease, or disability of the public assistance
recipient or participant.
When an action or claim is brought against a third party by a
public assistance recipient or participant,
the entire amount of any settlement or
compromise of the action or claim, or any court award or
judgment, is subject to the recovery right of the
department
of job and family services or county department of
job and family services.
Except in the case of a recipient or participant who receives
medical services or care through a managed care organization, the
department's or county department's claim shall not exceed the
amount of medical expenses paid by the departments on behalf of
the recipient or participant. In the case of a recipient or
participant who receives medical
services or
care through a managed care organization, the amount of the department's or
county department's claim
shall be the amount the managed care organization pays for medical services or
care rendered to the recipient or participant, even if that amount is
more than the amount
the departments pay to the managed care organization for the recipient's
or participant's medical services or care. Any settlement, compromise,
judgment, or
award
that excludes the cost of medical services or care shall not
preclude the departments from enforcing their rights under this
section.
Prior to initiating any recovery action, the recipient or
participant, or the recipient's or participant's representative, shall
disclose the identity
of any third party
against whom the recipient or participant has or may have a right of recovery.
Disclosure shall be made to the department of job and family services
when
medical expenses have been paid pursuant to Chapter 5111.
or 5115. of the Revised Code. Disclosure shall be made to
both the department of job and family services and the
appropriate county department of job and family services
when medical expenses have been paid pursuant to Chapter 5115. of the Revised
Code. No settlement, compromise, judgment, or award or any recovery in any
action or claim by a recipient or participant where the departments have a
right
of recovery shall be made final without first giving
the appropriate departments notice and a reasonable opportunity to
perfect their rights of recovery. If the
departments are not
given appropriate notice, the recipient or participant is liable to reimburse
the departments for the recovery received to the extent of
medical payments made by the departments. The departments shall
be permitted to enforce their recovery rights
against the
third party even though they accepted prior payments in discharge
of their rights under this section if, at the time the
departments received such payments, they were not aware that
additional medical expenses had been incurred but had not yet
been paid by the departments. The third party becomes liable to
the department of job and family services or county
department of job and family services as soon as the third
party is notified in writing of the valid claims for recovery under this
section.
The right of recovery does not apply to that portion
of any judgment,
award, settlement, or compromise of a claim, to the extent of
attorneys' fees, costs, or other expenses incurred by a recipient
or participant in securing the judgment, award, settlement, or compromise, or
to
the extent of medical, surgical, and hospital expenses paid by
such recipient or participant from the recipient's or participant's own
resources. Attorney
fees and costs
or other expenses in securing any recovery shall not be assessed
against any claims of the departments.
To enforce their recovery rights, the departments
may do
any of the following:
(A) Intervene or join in any action or proceeding brought
by the recipient or participant or on the recipient's or participant's behalf
against any
third party who may
be liable for the cost of medical services and care arising out
of the recipient's or participant's injury, disease, or disability;
(B) Institute and pursue legal proceedings against any
third party who may be liable for the cost of medical services
and care arising out of the recipient's or participant's injury, disease, or
disability;
(C) Initiate legal proceedings in conjunction with the
injured, diseased, or disabled recipient or participant or the recipient's
or participant's legal
representative.
Recovery rights created by this section may be
enforced
separately or jointly by the department of job and family
services and the
county department of job and family services.
The right of recovery given to the department under
this
section does not include rights to support from any other person
assigned to the state under sections 5107.20 and
5115.13 5115.07 of the Revised Code, but includes payments made by a
third party under contract with a person having a duty to
support.
The director of job and family
services may adopt rules in accordance with Chapter 119. of the Revised Code
the department considers necessary to implement this section.
Sec. 5101.59. (A) The application for or acceptance of
public assistance constitutes an automatic assignment of
certain rights to the
department of job and family services. This assignment includes the
rights of the applicant, recipient, or
participant and also the rights of any
other member of the assistance group for whom the applicant,
recipient, or participant can legally make an assignment.
Pursuant to this section, the applicant, recipient,
or participant assigns to the department any rights to medical support
available to the applicant, recipient, or participant or for
other members of the assistance group under an
order of a court or administrative agency, and any rights to
payments from any third party liable to pay for the cost of
medical care and services arising out of injury, disease, or
disability of the applicant, recipient,
participant, or other members of the
assistance group.
Medicare benefits shall not be assigned pursuant to this
section. Benefits assigned to the department by operation of
this section are directly reimbursable to the department by
liable third parties.
(B) Refusal by the applicant, recipient, or
participant to cooperate in
obtaining medical support and payments for self or any
other member of the assistance group renders the applicant,
recipient, or participant ineligible for public
assistance, unless cooperation is waived by the department. Eligibility shall
continue for any individual who cannot legally assign the
individual's own rights and who would have been
eligible for public assistance but for the refusal to assign
the individual's rights
or to cooperate as required by this section by another person
legally able to assign the individual's rights.
If the applicant, recipient, or participant or
any member of the
assistance group becomes ineligible for public assistance, the department
shall restore to
the applicant,
recipient, participant, or member of the assistance group any future
rights to benefits assigned under this section.
The rights of assignment given to the department under this
section do not include rights to support assigned under section
5107.20 or 5115.13 5115.07 of the Revised Code.
(C) The director of job and family services
may adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section, including rules
that specify what constitutes cooperating with efforts to obtain medical
support
and payments and when the cooperation requirement may be waived.
Sec. 5101.60. As used in sections 5101.60 to 5101.71 5101.70 of
the Revised Code:
(A) "Abuse" means the infliction upon an adult, by self the adult
or others, of injury, unreasonable confinement, intimidation, or
cruel punishment with resulting physical harm, pain, or mental
anguish.
(B) "Adult" means any person sixty years of age or older
within this state who is handicapped by the infirmities of aging
or who has a physical or mental impairment which prevents the
person
from providing for the person's own care or protection, and
who resides in
an independent living arrangement. An "independent living
arrangement" is a domicile of a person's own choosing, including,
but not limited to, a private home, apartment, trailer, or
rooming house. Except as otherwise provided in this division,
"independent living arrangement" includes a community alternative
home licensed pursuant to section 3724.03 of the Revised Code but
does not include other institutions or facilities licensed by the
state, or facilities in which a person resides as a result of
voluntary, civil, or criminal commitment. "Independent living
arrangement" does include adult care facilities licensed pursuant
to Chapter 3722. of the Revised Code.
(C) "Caretaker" means the person assuming the
responsibility for the care of an adult on a voluntary basis, by
contract, through receipt of payment for care, as a result of a
family relationship, or by order of a court of competent
jurisdiction.
(D) "Court" means the probate court in the county where an
adult resides.
(E) "Designated agency" means a county agency designated under division (A)(2) of section 5101.601 of the Revised Code by the board of county commissioners to serve as the administrative agency for the county's adult protective services system.
(F) "Emergency" means that the an adult is living in
conditions which present a substantial risk of immediate and
irreparable physical harm or death to self the adult or any other
person.
(F)(G) "Emergency services" means protective services
furnished to an adult in an emergency.
(G)(H) "Exploitation" means the unlawful or improper act of a
caretaker using an adult or an adult's resources for
monetary or
personal benefit, profit, or gain.
(H)(I) "In need of protective services" means an adult known
or suspected to be suffering from abuse, neglect, or exploitation
to an extent that either life is endangered or physical harm,
mental anguish, or mental illness results or is likely to result.
(I)(J) "Incapacitated person" means a person who is impaired
for any reason to the extent that the person lacks sufficient
understanding or capacity to make and carry out reasonable
decisions concerning the person's self or resources,
with or without the
assistance of a caretaker. Refusal to consent to the provision
of services shall not be the sole determinative that the person
is incapacitated. "Reasonable decisions" are decisions made in
daily living which facilitate the provision of food, shelter,
clothing, and health care necessary for life support.
(J)(K) "Law enforcement agency" means a township or municipal police department or a county sheriff's office.
(L) "Mental illness" means a substantial disorder of
thought, mood, perception, orientation, or memory that grossly
impairs judgment, behavior, capacity to recognize reality, or
ability to meet the ordinary demands of life.
(K)(M) "Neglect" means the failure of an adult to provide for
self the adult the goods or services necessary to avoid physical
harm,
mental anguish, or mental illness or the failure of a caretaker
to provide such goods or services.
(L)(N) "Peace officer" means a peace officer as defined in
section 2935.01 of the Revised Code.
(M)(O) "Physical harm" means bodily pain, injury, impairment,
or disease suffered by an adult.
(N)(P) "Protective services" means services provided by that the
county department of job and family services or its a
designated agency provides to
an adult who has been determined by evaluation to require such
services for the prevention, correction, or discontinuance of an
act of as well as conditions resulting from abuse, neglect, or
exploitation. Protective services may include, but are not
limited to, case work management services, medical care, mental health
services, legal services, fiscal management, home health care,
homemaker services, housing-related services, guardianship
services, and placement services as well as the provision of such
commodities as food, clothing, and shelter.
(O)(Q) "Working day" means Monday, Tuesday, Wednesday,
Thursday, and Friday, except when such day is a holiday as
defined in section 1.14 of the Revised Code.
Sec. 5101.601. (A) An adult protective services system may be implemented in a county. If implemented, the system shall be implemented in accordance with sections 5101.60 to 5101.70 of the Revised Code. In implementing the system, both of the following apply:
(1) The county department of job and family services may serve as the administrative agency for the system.
(2) If the department does not serve as the administrative agency, the board of county commissioners may designate another county agency to serve as the administrative agency for the system. If the board makes the designation, all reports received by the department under section 5101.61 of the Revised Code and all cases referred to it under section 5126.31 of the Revised Code shall be referred immediately to the agency.
(B) If an adult protective services system is not implemented in a county, all reports received by a county department of job and family services under section 5101.61 of the Revised Code and all cases referred to it under section 5126.31 of the Revised Code shall be referred immediately to a law enforcement agency with jurisdiction in the area in which the abuse, neglect, or exploitation allegedly occurred or is occurring. The department's responsibility for the report or case is limited to referring the report or case to the law enforcement agency.
Sec. 5101.61. (A) As used in this section:
(1) "Senior service provider" means any person who
provides care or services to a person who is an adult as defined
in division (B) of section 5101.60 of the Revised Code.
(2) "Ambulatory health facility" means a nonprofit, public
or proprietary freestanding organization or a unit of such an
agency or organization that:
(a) Provides preventive, diagnostic, therapeutic,
rehabilitative, or palliative items or services furnished to an
outpatient or ambulatory patient, by or under the direction of a
physician or dentist in a facility which is not a part of a
hospital, but which is organized and operated to provide medical
care to outpatients;
(b) Has health and medical care policies which are
developed with the advice of, and with the provision of review of
such policies, an advisory committee of professional personnel,
including one or more physicians, one or more dentists, if dental
care is provided, and one or more registered nurses;
(c) Has a medical director, a dental director, if dental
care is provided, and a nursing director responsible for the
execution of such policies, and has physicians, dentists,
nursing, and ancillary staff appropriate to the scope of services
provided;
(d) Requires that the health care and medical care of
every patient be under the supervision of a physician, provides
for medical care in a case of emergency, has in effect a written
agreement with one or more hospitals and other centers or
clinics, and has an established patient referral system to other
resources, and a utilization review plan and program;
(e) Maintains clinical records on all patients;
(f) Provides nursing services and other therapeutic
services in accordance with programs and policies, with such
services supervised by a registered professional nurse, and has a
registered professional nurse on duty at all times of clinical
operations;
(g) Provides approved methods and procedures for the
dispensing and administration of drugs and biologicals;
(h) Has established an accounting and record keeping
system to determine reasonable and allowable costs;
(i) "Ambulatory health facilities" also includes an
alcoholism treatment facility approved by the joint commission on
accreditation of healthcare organizations as an alcoholism
treatment facility or certified by the department of alcohol and
drug addiction services, and such facility shall comply with
other provisions of this division not inconsistent with such
accreditation or certification.
(3) "Community mental health facility" means a facility
which provides community mental health services and is included
in the comprehensive mental health plan for the alcohol, drug
addiction, and mental health service district in which it is
located.
(4) "Community mental health service" means services,
other than inpatient services, provided by a community mental
health facility.
(5) "Home health agency" means an institution or a
distinct part of an institution operated in this state which:
(a) Is primarily engaged in providing home health
services;
(b) Has home health policies which are established by a
group of professional personnel, including one or more duly
licensed doctors of medicine or osteopathy and one or more
registered professional nurses, to govern the home health
services it provides and which includes a requirement that every
patient must be under the care of a duly licensed doctor of
medicine or osteopathy;
(c) Is under the supervision of a duly licensed doctor of
medicine or doctor of osteopathy or a registered professional
nurse who is responsible for the execution of such home health
policies;
(d) Maintains comprehensive records on all patients;
(e) Is operated by the state, a political subdivision, or
an agency of either, or is operated not for profit in this state
and is licensed or registered, if required, pursuant to law by
the appropriate department of the state, county, or municipality
in which it furnishes services; or is operated for profit in this
state, meets all the requirements specified in divisions
(A)(5)(a) to (d) of this section, and is certified under Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended.
(6) "Home health service" means the following items and
services, provided, except as provided in division (A)(6)(g) of
this section, on a visiting basis in a place of residence used as
the patient's home:
(a) Nursing care provided by or under the supervision of a
registered professional nurse;
(b) Physical, occupational, or speech therapy ordered by
the patient's attending physician;
(c) Medical social services performed by or under the
supervision of a qualified medical or psychiatric social worker
and under the direction of the patient's attending physician;
(d) Personal health care of the patient performed by aides
in accordance with the orders of a doctor of medicine or
osteopathy and under the supervision of a registered professional
nurse;
(e) Medical supplies and the use of medical appliances;
(f) Medical services of interns and residents-in-training
under an approved teaching program of a nonprofit hospital and
under the direction and supervision of the patient's attending
physician;
(g) Any of the foregoing items and services which:
(i) Are provided on an outpatient basis under arrangements
made by the home health agency at a hospital or skilled nursing
facility;
(ii) Involve the use of equipment of such a nature that
the items and services cannot readily be made available to the
patient in the patient's place of residence, or which are
furnished at the
hospital or skilled nursing facility while the patient there
to receive
any item or service involving the use of such equipment.
Any attorney, physician, osteopath, podiatrist,
chiropractor, dentist, psychologist, any employee of a hospital
as defined in section 3701.01 of the Revised Code, any nurse
licensed under Chapter 4723. of the Revised Code, any employee of
an ambulatory health facility, any employee of a home health
agency, any employee of an adult care facility as defined in
section 3722.01 of the Revised Code, any employee of a community
alternative home as defined in section 3724.01 of the Revised
Code, any employee of a nursing home, residential care
facility, or home for the
aging, as defined in section 3721.01 of the Revised Code, any
senior service provider, any peace officer, coroner, clergyman,
any employee of a community mental health facility, and any
person engaged in social work or counseling having reasonable
cause to believe that an adult is being abused, neglected, or
exploited, or is in a condition which is the result of abuse,
neglect, or exploitation shall immediately report such belief to
the county department of job and family services. This
section does not
apply to employees of any hospital or public hospital as defined
in section 5122.01 of the Revised Code.
(B) Any person having reasonable cause to believe that an
adult has suffered abuse, neglect, or exploitation may report, or
cause reports to be made of such belief to the county department of job and family services, the designated agency if such an agency exists for the county, or the law enforcement agency with jurisdiction in the area in which the abuse, neglect, or exploitation allegedly occurred or is occurring.
(C)(B) The reports made under this section shall be made
orally or in writing except that oral reports shall be followed
by a written report if a written report is requested by the
department entity that receives the report. Written reports shall include:
(1) The name, address, and approximate age of the adult
who is the subject of the report;
(2) The name and address of the individual responsible for
the adult's care, if any individual is, and if the individual
is known;
(3) The nature and extent of the alleged abuse, neglect,
or exploitation of the adult;
(4) The basis of the reporter's belief that the adult has
been abused, neglected, or exploited.
(D)(C) Any person with reasonable cause to believe that an
adult is suffering abuse, neglect, or exploitation who makes a
report pursuant to this section or who testifies in any
administrative or judicial proceeding arising from such a report,
or any employee of the state or any of its subdivisions who is
discharging responsibilities under section 5101.62 of the Revised
Code shall be immune from civil or criminal liability on account
of such investigation, report, or testimony, except liability for
perjury, unless the person has acted in bad faith or with
malicious purpose.
(E)(D) No employer or any other person with the authority to
do so shall discharge, demote, transfer, prepare a negative work
performance evaluation, or reduce benefits, pay, or work
privileges, or take any other action detrimental to an employee
or in any way retaliate against an employee as a result of the
employee's having filed a report under this section.
(F)(E) Neither the written or oral report provided for in
this section nor the investigatory report provided for in section
5101.62 of the Revised Code shall be considered a public record
as defined in section 149.43 of the Revised Code. Information
contained in the a report to the department or designated agency shall upon request be made available to
the adult who is the subject of the report, to agencies
authorized by the department or designated agency to receive information contained in
the report, and to legal counsel for the adult.
Sec. 5101.611. If a county department of job and family
services or designated agency knows or has reasonable cause to believe that the subject of a
report made under section 5101.61 or of an investigation
conducted under sections 5101.62 to 5101.64 or on the initiative
of the department or designated agency is mentally retarded or developmentally
disabled as defined in section 5126.01 of the Revised Code, the
department or designated agency shall refer the case to the county board of mental
retardation and developmental disabilities of that county for
review pursuant to section 5126.31 of the Revised Code.
If a county board of mental retardation and developmental
disabilities refers a case to the county department of job and
family services or designated agency in accordance with section 5126.31, the department or designated agency shall
proceed with the case in accordance with sections 5101.60 to
5101.71 5101.70 of the Revised Code.
Sec. 5101.62. The In implementing an adult protective services system, a county department of job and family
services shall be responsible for the investigation of all or designated agency may investigate reports
provided for in it receives under section 5101.61 and all cases referred to it
under section 5126.31 of the Revised Code and for evaluating. The department or designated agency may evaluate the
need for and, to the extent of available funds, providing provide or
arranging arrange for the provision of protective services. The
department may designate another agency to perform the
department's duties under this section.
Investigation of the a report provided for in received under section 5101.61
or a case referred to the department or designated agency under section 5126.31 of the
Revised Code shall be initiated within twenty-four hours after
the department or designated agency receives the report or case if any emergency
exists; otherwise investigation shall be initiated within three
working days.
Investigation of the need for protective services shall
include a face-to-face visit with the adult who is the subject of
the report, preferably in the adult's residence, and
consultation with
the person who made the report, if feasible, and agencies or
persons who have information about the adult's alleged abuse,
neglect, or exploitation.
The department or designated agency shall give written notice of the intent of
the investigation and an explanation of the notice in language
reasonably understandable to the adult who is the subject of the
investigation, at the time of the initial interview with that
person.
Upon completion of the investigation, the department or designated agency shall
determine from its findings whether or not the adult who is the
subject of the report is in need of protective services. No
adult shall be determined to be abused, neglected, or in need of
protective services for the sole reason that, in lieu of medical
treatment, the adult relies on or is being furnished
spiritual treatment
through prayer alone in accordance with the tenets and practices
of a church or religious denomination of which the adult is a
member or
adherent. The department or designated agency shall write a report which confirms or
denies the need for protective services and states why it reached
this conclusion.
Sec. 5101.63. If, during the course of an investigation conducted under
section 5101.62 of the Revised Code, any person, including the adult who is
the
subject of the investigation, denies or obstructs access to the residence of
the adult, the county department of job and family
services or designated agency may file a petition in court for a temporary restraining order to
prevent the interference or obstruction.
The court shall issue a temporary restraining order to prevent the
interference
or obstruction if it finds there is reasonable cause to believe
that the adult
is being or has been abused, neglected, or exploited and access
to the
person's
residence has been denied or obstructed. Such a finding is
prima-facie
evidence that immediate and irreparable injury, loss, or damage
will result, so
that notice is not required. After obtaining an order
restraining the
obstruction of or interference with the access of the protective
services
representative, the representative may be accompanied to the
residence by a
peace officer.
Sec. 5101.65. If the county department of job and family
services Any person or government entity that determines that an adult is in need of protective services and is an
incapacitated person, the department may petition the court for an order
authorizing the provision of locally available protective services. The petition shall state
the specific facts alleging the abuse, neglect, or exploitation and shall
include a proposed protective service plan. Any plan for protective services
shall be specified in the petition.
Sec. 5101.67. (A) The court shall hold a hearing on the
petition as provided in section 5101.65 of the Revised Code
within fourteen days after its filing. The adult who is the
subject of the petition shall have the right to be present at the
hearing, present evidence, and examine and cross-examine
witnesses. The adult shall be represented by counsel unless the
right to counsel is knowingly waived. If the adult is indigent,
the court shall appoint counsel to represent the adult. If
the court
determines that the adult lacks the capacity to waive the right
to counsel, the court shall appoint counsel to represent the
adult's interests.
(B) If the court finds, on the basis of clear and
convincing evidence, that the adult has been abused, neglected,
or exploited, is in need of protective services, and is
incapacitated, and no person authorized by law or by court order
is available to give consent, it shall issue an order requiring
the provision of protective services only if they are available
locally.
(C) If the court orders placement under this section it
shall give consideration to the choice of residence of the adult.
The court may order placement in settings which have been
approved by the county department of job and family services or designated agency as
meeting at
least minimum community standards for safety, security, and the
requirements of daily living. The court shall not order an
institutional placement unless it has made a specific finding
entered in the record that no less restrictive alternative can be
found to meet the needs of the individual. No individual may be
committed to a hospital or public hospital as defined in section
5122.01 of the Revised Code pursuant to this section.
(D) The placement of an adult pursuant to court order as
provided in this section shall not be changed unless the court
authorized the transfer of placement after finding compelling
reasons to justify the transfer. Unless the court finds that an
emergency exists, the court shall notify the adult of a transfer
at least thirty days prior to the actual transfer.
(E) A court order provided for in this section shall
remain in effect for no longer than six months. Thereafter, the
county department of job and family services shall review
the adult's need
for continued services and, if the department determines that
there is a continued need, it shall any person or government entity may apply for a renewal of the
order for additional periods of no longer than one year each.
The adult who is the subject of the court-ordered services may
petition for modification of the order at any time.
Sec. 5101.68. (A) If an adult has consented to the
provision of protective services but any other person refuses to
allow such provision, the county department of human services or designated agency may
petition the court for a temporary restraining order to restrain
the person from interfering with the provision of protective
services for the adult.
(B) The petition shall state specific facts sufficient to
demonstrate the need for protective services, the consent of the
adult, and the refusal of some other person to allow the
provision of these services.
(C) Notice of the petition shall be given in language
reasonably understandable to the person alleged to be interfering
with the provision of services;.
(D) The court shall hold a hearing on the petition within
fourteen days after its filing. If the court finds that the
protective services are necessary, that the adult has consented
to the provisions of such services, and that the person who is
the subject of the petition has prevented such provision, the
court shall issue a temporary restraining order to restrain the
person from interfering with the provision of protective services
to the adult.
Sec. 5101.69. (A) Upon petition by the county department
of human services any person or government entity, the court may issue an order authorizing the
provision of protective services on an emergency basis to an
adult. The petition for any emergency order shall include:
(1) The name, age, and address of the adult in need of
protective services;
(2) The nature of the emergency;
(3) The proposed protective services;
(4) The petitioner's reasonable belief, together with
facts supportive thereof, as to the existence of the
circumstances described in divisions (D)(1) to (3) of this
section;
(5) Facts showing the petitioner's attempts to obtain the
adult's consent to the protective services.
(B) Notice of the filing and contents of the petition
provided for in division (A) of this section, the rights of the
person in the hearing provided for in division (C) of this
section, and the possible consequences of a court order, shall be
given to the adult. Notice shall also be given to the spouse of
the adult or, if he the adult has none, to his the
adult's adult children or next of
kin, and his the adult's guardian, if any, if his the
guardian's whereabouts are known. The
notice shall be given in language reasonably understandable to
its recipients at least twenty-four hours prior to the hearing
provided for in this section. The court may waive the
twenty-four hour notice requiement requirement upon a showing
that:
(1) Immediate and irreparable physical harm to the adult
or others will result from the twenty-four hour delay; and
(2) Reasonable attempts have been made to notify the
adult, his the adult's spouse, or, if he the adult
has none, his the adult's adult children or next
of kin, if any, and his the adult's guardian, if any, if
his the guardian's whereabouts are
known.
Notice of the court's determination shall be given to all
persons receiving notice of the filing of the petition provided
for in this division.
(C) Upon receipt of a petition for an order for emergency
services, the court shall hold a hearing no sooner than
twenty-four and no later than seventy-two hours after the notice
provided for in division (B) of this section has been given,
unless the court has waived the notice. The adult who is the
subject of the petition shall have the right to be present at the
hearing, present, evidence, and examine and cross-examine
witnesses.
(D) The court shall issue an order authorizing the
provision of protective services on an emergency basis if it
finds, on the basis of clear and convincing evidence, that:
(1) The adult is an incapacitated person;
(3) No person authorized by law or court order to give
consent for the adult is available or willing to consent to
emergency services.
(E) In issuing an emergency order, the court shall adhere
to the following limitations:
(1) The court shall order only such protective services as
are necessary and available locally to remove the conditions
creating the emergency, and the court shall specifically
designate those protective services the adult shall receive;
(2) The court shall not order any change of residence
under this section unless the court specifically finds that a
change of residence is necessary;
(3) The court may order emergency serices services only
for fourteen days. The department Any person or government entity may petition the court for a
renewal of the order for a fourteen-day period upon a showing
that continuation of the order is necessary to remove the
emergency.
(4) In its order the court shall authorize the director of
the department or his designee to give consent
for the person for
the approved emergency services until the expiration of the
order;
(5) The court shall not order a person to a hospital or
public hospital as defined in section 5122.01 of the Revised
Code.
(F) If the department any person or government entity determines that the adult continues
to need protective services after the order provided for in
division (D) of this section has expired, the department person or government entity may
petition the court for an order to continue protective services that are available locally,
pursuant to section 5101.65 of the Revised Code. After the
filing of the petition, the department or designated agency may continue to provide
protective services pending a hearing by the court. If no petition is filed pursuant to this division and the court determines that the adult continues to need protective services, the court on its own motion may order the continuation of protective services that are available locally.
Sec. 5101.70. (A) If In implementing an adult protective services system, if it appears that an adult in need of
protective services has the financial means sufficient to pay for
such services, the county department of job and family
services or designated agency
shall make
an evaluation regarding such means. If the evaluation
establishes that the adult has such financial means, the
department or designated agency shall initiate procedures for reimbursement pursuant
to
rules promulgated by the department. If the evaluation
establishes that the adult does not have such financial means,
the
services shall be provided if available locally and in accordance with the policies
and
procedures established by the department of job and
family
services
for the provision of welfare assistance or designated agency. An adult shall
not be
required to pay for court-ordered protective services
unless the
court determines upon a showing by the department that
the adult
is financially able to pay and the court orders the
adult to pay.
(B) Whenever the department or designated agency has petitioned the court to
authorize the provision of protective services and the adult who
is the subject of the petition is indigent, the court shall
appoint legal counsel.
Sec. 5101.75. (A) As used in sections 5101.75, 5101.751,
5101.752, 5101.753, and 5101.754 of the Revised Code:
(1)
"Alternative source of long-term care" includes a
residential care
facility licensed under Chapter 3721. of the
Revised Code, an adult
care facility licensed under Chapter 3722.
of the Revised Code,
home and community-based services, and a
nursing
home licensed under Chapter 3721. of the Revised Code that
is not
a nursing facility.
(2)
"Medicaid" means the medical assistance program
established under Chapter 5111. of the Revised Code.
(3)
"Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
(4)
"Representative" means a person acting on behalf of
an
applicant for admission to a nursing facility. A
representative
may be a family member, attorney, hospital social
worker, or any
other person chosen to act on behalf of an
applicant.
(5)
"Third-party payment source" means a third-party payer
as defined in section 3901.38 of the Revised Code or medicaid.
(B) Effective July 1, 1994, the department of job and family
services
may assess a person applying or intending to apply for
admission to a nursing facility who is not an applicant for or
recipient of medicaid to determine whether the person is in need
of nursing facility services and whether an alternative source of
long-term care is more appropriate for the person in meeting the
person's physical, mental, and psychosocial needs than admission
to the
facility to which the person has applied.
Each assessment shall be performed by the department or an
agency designated
by the department under section 5101.751 of the
Revised Code and shall be
based on information provided by the
person or the person's
representative. It shall consider the
person's physical, mental,
and psychosocial needs and the
availability and effectiveness of
informal support and care. The
department or designated agency shall
determine
the person's
physical, mental, and psychosocial needs by using,
to the maximum
extent appropriate, information from the resident
assessment
instrument medium or media specified in rules adopted by the
department under
division (A) of section 5111.231 of the Revised
Code. The
department or designated agency shall also use the criteria and
procedures established in rules adopted by the department under
division (I) of this section. Assessments may be performed only
by persons certified by the department under section 5101.752 of
the Revised Code. The department or designated agency shall make
a
recommendation on the basis of the assessment and, not later
than
the time the assessment is required to be performed under
division (D) of this section, give the person assessed written
notice of the recommendation, which shall explain the basis for
the recommendation. If the department or designated agency
determines
pursuant
to an assessment that an alternative source of
long-term care is
more appropriate for the person than admission
to the facility to
which the person has applied, the department or
designated
agency shall include in the
notice possible sources of
financial assistance for the
alternative source of long-term care.
If the department or designated agency
has been informed that the
person has a representative, it shall
give the notice to the
representative.
(C) A person is not required to be assessed under division
(B) of this section if any of the following apply:
(1) The circumstances specified by rules adopted under
division (I) of this section exist.
(2) The person is to receive care in a nursing facility
under a
contract for continuing care as defined in section 173.13
of the
Revised Code.
(3) The person has a contractual right to admission to a
nursing
facility operated as part of a system of continuing care
in
conjunction with one or more facilities that provide a less
intensive level of services, including a residential care
facility
licensed under
Chapter 3721. of the Revised Code, an adult-care
facility
licensed under Chapter 3722. of the Revised Code, or an
independent living arrangement;
(4) The person is to receive continual care in a home for
the aged
exempt from taxation under section 5701.13 of the Revised
Code;
(5) The person is to receive care in the nursing facility
for not
more than fourteen days in order to provide temporary
relief to
the person's primary caregiver and the nursing facility
notifies the
department of the person's admittance not later than
twenty-four hours
after admitting the person;
(6) The person is to be transferred from another nursing
facility,
unless the nursing facility from which or to which the
person
is to be
transferred determines that the person's medical
condition
has changed
substantially since the person's admission
to the nursing
facility from
which the person is to be transferred
or a review is required
by a
third-party payment source;
(7) The person is to be readmitted to a nursing facility
following
a period of hospitalization, unless the hospital or
nursing
facility determines that the person's medical condition
has
changed
substantially since the person's admission to the
hospital,
or a review is
required by a third-party payment source;
(8) The department or designated agency fails to complete an
assessment
within the time required by division (D) or (E) of this
section
or determines after a partial assessment that the person
should
be exempt from the assessment.
(D) The department or designated agency shall perform a
complete
assessment, or, if circumstances provided by rules
adopted under
division (I) of this section exist, a partial
assessment, as
follows:
(1) In the case of a hospitalized person applying or
intending to apply to a nursing facility, not later than two
working days after the person or the person's representative
is
notified
that a bed is available in a nursing facility;
(2) In the case of an emergency as determined in
accordance
with rules adopted under division (I) of this section,
not later
than one working day after the person or the
person's
representative is notified that a bed is available in a nursing
facility;
(3) In all other cases, not later than five calendar days
after the person or the person's representative who submits
the
application is notified that a bed is available in a nursing
facility.
(E) If the department or designated agency conducts a
partial assessment
under division (D) of this section, it shall
complete the rest of
the assessment not later than one hundred
eighty days after the
date the person is admitted to the nursing
facility unless the
assessment entity determines the person should
be exempt from the
assessment.
(F) A person assessed under this section or the person's
representative may file a complaint with the department about the
assessment process. The department shall work to resolve the
complaint in accordance with rules adopted under division (I) of
this section.
(G) A person is not required to seek an alternative source
of long-term care and may be admitted to or continue to reside in
a nursing facility even though an alternative source of long-term
care is available or the person is determined pursuant to an
assessment
under this section not to need nursing facility
services.
(H) No nursing facility with for which an operator has a provider agreement with
the
department under section 5111.22 of the Revised Code shall
admit
or retain any person, other than a person exempt from the
assessment requirement as provided by division (C) of this
section, as a resident unless the nursing facility has received
evidence that a complete or partial assessment has been
completed.
(I) The director of job and family services shall
adopt
rules in accordance with
Chapter 119. of the Revised Code to
implement and administer this
section. The rules shall include
all of the following:
(1) The information a person being assessed or the person's
representative must provide to enable the department or
designated
agency to
do
the assessment;
(2) Criteria to be used to determine whether a person is
in
need of nursing facility services;
(3) Criteria to be used to determine whether an
alternative
source of long-term care is appropriate for the
person being
assessed;
(4) Criteria and procedures to be used to determine a
person's physical, mental, and psychosocial needs;
(5) Criteria to be used to determine the effectiveness and
continued availability of a person's current source of informal
support and care;
(6) Circumstances, in addition to those specified in
division (C) of this section, under which a person is not
required
to be assessed;
(7) Circumstances under which the department or designated
agency may
perform a partial assessment under division (D) of this
section;
(8) The method by which a situation will be determined to
be
an emergency for the purpose of division (D)(2) of this
section;
(9) The method by which the department will attempt to
resolve complaints filed under division (F) of this section.
(J) The director of job and family services may fine a
nursing
facility an amount determined by rules the director shall
adopt
in accordance with Chapter 119. of the Revised Code in
either of
the following circumstances:
(1) The nursing facility fails to notify the department
within the required time about an admission described in division
(C)(5) of this section;
(2) The nursing facility admits, without evidence that a
complete or partial assessment has been conducted, a person other
than a person exempt from the assessment requirement as provided
by division (C) of this section.
The director shall deposit all fines collected under this
division into the residents protection fund established by
section
5111.62 of the Revised Code.
Sec. 5101.80. (A)
As used in this section and in section
5101.801 of the Revised Code:
(1) "County family services agency" has the same meaning as
in section 307.981 of the Revised Code.
(2) "State agency" has the same meaning as in section 9.82
of the Revised Code.
(3) "Title IV-A program" means all of the following that
are
funded in part with funds provided under the temporary
assistance
for needy families block grant established by Title
IV-A of the
"Social Security Act," 110 Stat. 2113 (1996), 42
U.S.C. 601, as
amended:
(a) The Ohio works first program established under Chapter
5107. of the Revised Code;
(b) The prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code;
(c) A program established by the general assembly or an
executive order issued by the governor that is administered or
supervised by the department of job and family services pursuant
to section 5101.801 of the Revised Code;
(d) A component of a Title IV-A program identified under
divisions (A)(3)(a) to (c) of this section that the Title IV-A
state plan prepared under division (C)(1) of this section
identifies as a component.
(B) The department of job and family services shall act as
the single state agency to administer and supervise the
administration of Title IV-A programs. The Title IV-A state plan
and amendments to the plan prepared under division (C) of this
section are binding on county family services agencies and state
agencies that administer a Title IV-A program. No county family
services agency or state agency administering a Title IV-A program
may establish, by rule or otherwise, a policy governing the Title
IV-A program that is inconsistent with a Title IV-A program policy
established, in rule or otherwise, by the director of job and
family services.
(C) The department of job and family
services
shall do
all
of the following:
(1) Prepare and submit to the United States secretary of
health and human services a Title IV-A state
plan for
Title IV-A
programs;
(2)
Prepare and submit to the United States secretary of
health and human services amendments to the Title IV-A state plan
that the department determines necessary, including amendments
necessary to implement Title IV-A programs identified in division
(A)(3)(c) and (d) of this section;
(3) Prescribe forms for applications, certificates,
reports,
records, and accounts of county
family services
agencies and
state agencies administering a Title
IV-A program, and
other
matters related to
Title IV-A programs;
(4) Make such reports, in such form and containing such
information as the department may find necessary
to assure
the
correctness and verification of such reports, regarding
Title
IV-A programs;
(5) Require reports and information from each county
family
services
agency and state agency
administering a Title IV-A
program as may be necessary
or
advisable regarding
the Title IV-A
program;
(6) Afford a fair hearing in accordance with section
5101.35
of the Revised Code to any applicant for,
or participant
or former
participant of,
a Title IV-A
program aggrieved by a decision
regarding
the program;
(7) Administer and expend, pursuant to
Chapters 5104., 5107., and
5108. of the Revised Code
and section 5101.801 of the Revised
Code, any
sums appropriated by the general assembly for the
purpose of those
chapters
and section
and all sums paid to the
state by the
secretary of the
treasury of the United States as
authorized by
Title IV-A of the
"Social Security Act,"
110
Stat.
2113 (1996),
42 U.S.C.
601, as amended;
(8) Conduct investigations
and audits as are necessary
regarding
Title IV-A programs;
(9) Enter into reciprocal agreements with other states
relative to the provision of Ohio
works first and prevention,
retention, and contingency to
residents and nonresidents;
(10) Contract with a private entity to
conduct an
independent on-going evaluation of the
Ohio works first program
and the prevention, retention, and
contingency program. The
contract must require the private entity
to do all of the
following:
(a) Examine issues of process, practice, impact, and
outcomes;
(b) Study former participants of Ohio works first who
have
not
participated in Ohio works first for at least one year to
determine
whether they
are employed, the type of employment in
which they are engaged, the amount of
compensation they are
receiving, whether their employer provides health
insurance,
whether and how often they have received
benefits or
services
under the prevention, retention, and contingency program,
and
whether they
are successfully self sufficient;
(c) Provide the department
with reports at
times the
department
specifies.
(11) Not later than
January 1, 2001, and the first
day of
each January and
July thereafter, prepare a
report containing
information on the following:
(a)
Individuals exhausting the
time
limits for participation
in Ohio works first set forth in section
5107.18 of the Revised
Code.
(b) Individuals who have been exempted from the
time limits
set forth in section 5107.18 of the
Revised
Code and the reasons
for the
exemption.
(12) Not later than January 1, 2001, and on a quarterly
basis thereafter until December 1, 2003, prepare, to the extent
the
necessary data is available to the department, a
report based
on information determined under section 5107.80 of the
Revised
Code
that states how many
former Ohio works first participants
entered the workforce during the
most recent
previous quarter for
which the information is known and includes information
regarding
the earnings of those former participants. The report
shall
include a county-by-county breakdown and shall not contain the
names or
social security numbers of former
participants.
(13) To the extent authorized by section 5101.801 of the
Revised Code, enter into interagency agreements with state
agencies for the administration of Title IV-A programs identified
under division (A)(3)(c) and (d) of this section.
(D) The department shall provide copies of the reports it
receives under division
(C)(10)
of this section and prepares
under
divisions
(C)(11) and (12)
of this
section to the
governor, the
president and minority leader of
the senate, and the
speaker and
minority leader of the house of
representatives. The
department
shall provide copies of the
reports to any private or
government
entity on request.
(E) An authorized representative of the department or a
county
family services
agency or state
agency administering a
Title IV-A program shall have access to
all
records and
information
bearing thereon for the purposes of
investigations
conducted pursuant to this
section.
Sec. 5101.83. (A) As used in this section:
(1)
"Assistance group" has the same meaning as in sections
section 5107.02 and 5108.01 of the Revised Code, except that it also means
a group provided benefits and services under the prevention,
retention, and contingency program because the members of the
group share a common need for benefits and services.
(2)
"Fraudulent assistance" means assistance
and service,
including cash assistance, provided under the Ohio
works first
program established under
Chapter 5107., or
benefits and services
provided under the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code, to or on
behalf of an assistance group that is provided as a result
of
fraud
by a member of the assistance group, including an
intentional
violation of the program's requirements.
"Fraudulent
assistance" does not include assistance or
services to or
on
behalf of an
assistance group that is provided as a
result of an
error
that is the fault of a county department of job
and family
services or the state department of job and family
services.
(B) If a county director of
job and family services
determines that an assistance
group has received fraudulent
assistance, the assistance group is
ineligible to participate in
the
Ohio works first program or the prevention, retention, and
contingency program until a
member of the assistance group repays
the cost of the fraudulent assistance. If a member repays the
cost of the fraudulent assistance and the
assistance group
otherwise meets the eligibility
requirements for the Ohio works
first program or the prevention, retention, and contingency
program, the
assistance group shall not be denied the opportunity
to
participate in the program.
This section does not limit the ability of a county
department of
job and family services to recover erroneous
payments under section
5107.76 of the Revised
Code.
The state department of job and family services shall
adopt
rules
in accordance with Chapter 119. of the Revised Code to
implement this section.
Sec. 5101.97. (A)(1) Not later than
the first last
day of each July and January, the
department of job and family services shall complete a
report on the characteristics
of the
individuals who participate in or receive services through the
programs operated by the department and the outcomes of the
individuals' participation in or receipt of services through the
programs. The report reports shall be for the six-month periods ending on the last days of June and December and shall include information on
the following:
(a) Work activities, developmental activities, and alternative
work activities established under
sections 5107.40 to 5107.69 of the
Revised Code;
(b) Programs of publicly funded child day-care, as defined
in section 5104.01 of the Revised Code;
(c) Child support enforcement programs;
(d) Births to recipients of the medical assistance program
established under Chapter 5111. of the Revised Code.
(2) Not later than
the first day
of each July, the
department shall complete a progress report on the partnership
agreements between the director of job and family services
and boards of
county commissioners under section 5101.21 of the
Revised Code. The report shall include a
review of whether the county family services
agencies
and workforce development agencies satisfied performance standards
included in the agreements and whether the
department provided assistance, services, and technical support specified in
the agreements to aid the agencies in meeting the performance standards.
(3) The department shall submit the
reports required under divisions division (A)(1) and (2) of this
section to the speaker and minority leader of the house of
representatives, the president and minority leader of the
senate, the legislative budget officer, the director of budget
and management, and each board of county commissioners. The
department shall provide copies of each report the reports to any person or
government entity on request.
In designing the format for each report the reports, the department
shall consult with individuals, organizations, and government
entities interested in the programs operated by the department, so that
the reports are designed to enable the
general assembly and the public to evaluate the effectiveness
of the programs and identify any needs that the programs
are not meeting.
(B) Whenever the
federal government requires that the department submit a report
on a program that is operated by the department or is otherwise
under the department's jurisdiction, the department shall
prepare and submit the report in accordance with the federal
requirements applicable to that report. To the extent possible,
the department may coordinate the preparation and submission of
a particular report with any other report, plan, or other
document required to be submitted to the federal government, as
well as with any report required to be submitted to the general
assembly. The reports required by the Personal
Responsibility and
Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may be submitted as an annual
summary.
Sec. 5101.99. (A) Whoever violates division (A) or (B) of section 5101.61 of
the Revised Code shall be fined not more than five hundred dollars.
(B) Whoever violates division (A) of section 5101.27
of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 5103.031. (A) Except as provided in section 5103.033
of the Revised
Code, the department of job and family services may
not issue a
certificate under section 5103.03 of the Revised Code
to a foster
home unless the foster caregiver successfully
completes the following amount
of preplacement training through
the Ohio child welfare training program or a preplacement training
program
operated under section 5103.034 or 5153.60 of the Revised
Code:
(1) If the foster home is a family foster home, at least
twelve hours;
(2) If the foster home is a specialized foster home, at
least
thirty-six hours.
(B) No child may be placed in a family foster home unless
the
foster caregiver completes at least twelve additional hours of
preplacement
training through
the Ohio child welfare training
program or a
preplacement training program operated under section
5103.034 or 5153.60 of the
Revised Code.
Sec. 5103.033. The department of job and family
services may
issue
or renew a certificate under section 5103.03 of the Revised
Code
to a foster home for the care of a child who is in the
custody of a public
children services agency or private child
placing agency pursuant to an agreement entered into under section
5103.15 of the Revised Code regarding a child who was less
than
six months of age on the date the agreement was executed if the
foster
caregiver
successfully completes the following amount of
training:
(A) For an initial certificate, at least twelve hours of
preplacement training through
the Ohio child welfare training
program or a preplacement training program operated
under section
5103.034 or 5153.60 of the Revised Code;
(B) For renewal of a certificate, at least twelve hours
each
year
of continuing training in accordance with the foster
caregiver's needs
assessment and continuing training plan
developed and implemented under section
5103.035 of the
Revised
Code.
Sec. 5103.034. (A) A public children services agency, private child placing
agency, or
private noncustodial agency operating a preplacement training
program or continuing training program approved by the department of job and
family services under section
5103.038 of the Revised Code or the Ohio child welfare training program operating a preplacement training program or continuing training program pursuant to section 5153.60 of the Revised Code shall make the program
available to
foster caregivers. The agency or program shall make the programs available without
regard to the type of recommending agency from which a foster caregiver seeks
a recommendation and without charge to the foster caregiver.
(B) A private child placing agency or private noncustodial agency operating a preplacement training program or continuing training program approved by the department of job and family services under section 5103.038 of the Revised Code may condition the enrollment of a foster caregiver in a program on either or both of the following:
(1) Availability of space in the training program;
(2) If applicable, payment of an instruction or registration fee, if any, by the foster caregiver's recommending agency.
(C) The Ohio child welfare training program operating a preplacement training program or continuing training program pursuant to section 5153.60 of the Revised Code may condition the enrollment in a preplacement training program or continuing training program of a foster caregiver whose recommending agency is a private child placing agency or private noncustodial agency on either or both of the following:
(1) Availability of space in the training program;
(2) Assignment to the program by the foster caregiver's recommending agency of the allowance payable under section 5103.0313 of the Revised Code.
(D) A private child placing agency or private noncustodial agency may contract with an individual or a public or private entity to administer a preplacement training program or continuing training program operated by the agency and approved by the department of job and family services under section 5103.038 of the Revised Code.
Sec. 5103.036. For the purpose of determining whether a
foster
caregiver has satisfied the requirement of section 5103.031
or 5103.032
of the Revised Code, a recommending agency shall
accept training
obtained
from the Ohio child welfare training
program or pursuant to a preplacement training program or
continuing
training program operated
under section 5103.034 or 5153.60 of the
Revised Code
regardless of whether the program is operated by the recommending agency operated the
preplacement
training program or continuing
training program. The
agency may require that the foster caregiver
successfully complete
additional training as a condition of the
agency recommending that
the department of job and family services certify or
recertify the
foster caregiver's foster home under section 5103.03
of the
Revised Code.
Sec. 5103.037. The department of job and family services, in consultation
with the departments of youth services, mental health, education, mental
retardation and developmental disabilities, and alcohol and drug
addiction services, shall develop a model design of a preplacement training
program for
foster caregivers seeking an initial certificate under section
5103.03 of the Revised Code and a model design of a
continuing training
program for foster caregivers seeking renewal of a certificate under that
section. The model design of a preplacement training program
shall comply with section 5103.039 of the Revised Code.
The model design of a continuing training program shall comply with section
5103.0310 of the Revised Code. The department of job and family services shall make the
model designs
available to public children services agencies the Ohio child welfare training program, private child placing
agencies, and private noncustodial agencies.
Sec. 5103.038. (A) Every other year by a date specified in rules
adopted under
section 5103.0316 of the Revised Code, each
public children services agency, private child placing agency, and private
noncustodial agency that seeks to operate a
preplacement training program or continuing training program under section
5103.034 of the Revised Code shall submit to the department
of job and family services a proposal outlining the program. The proposal may
be the same as, a modification of, or different from, a model design developed
under section 5103.037 of the Revised Code.
The proposal shall include
a budget for the program regarding the cost associated with trainers,
obtaining sites at which the training is provided, and the
administration of the training. The budget shall be consistent with
rules adopted under section 5103.0316 of the Revised Code
governing the department of job and family services' reimbursement of public
children services agencies, private child placing agencies, and private
noncustodial agencies under section 5103.0313 of the Revised Code.
(B) Not later than thirty days after receiving a
proposal under division (A) of this section,
the department shall either approve or disapprove
the proposed program.
The department shall approve a proposed preplacement training program
if it complies with section 5103.039 or 5103.0310 of the Revised
Code, as appropriate, and, in the case of a proposal submitted by an
agency operating a
preplacement training program at the time the proposal is submitted, the
department is satisfied with the agency's operation of the program.
The department shall approve a proposed continuing training program if it
complies with section 5103.0310 or 5103.0311 of the Revised
Code, as appropriate, and, in
the case of a proposal submitted by an agency operating a continuing training
program at the time the proposal is submitted, the department is satisfied
with the agency's operation of the program.
The department shall
disapprove a proposed program if the program's budget is not consistent
with rules adopted under section 5103.0316 of the Revised Code governing the
department's reimbursement of public children services agencies,
private child placing agencies, and private noncustodial agencies under
section 5103.0313 of the Revised Code. If
the department disapproves a proposal, it shall provide the reason for
disapproval to the agency that
submitted the proposal and advise the agency of how to revise the proposal so
that the department can approve it.
(C) The department's approval under division (B) of this
section of a proposed
preplacement training program or continuing training program is valid only
for two years following the year the proposal for the program is submitted to
the department under division (A) of this section.
Sec. 5103.0312.
A
public children services agency, private
child placing agency, or
private noncustodial agency acting as a
recommending agency for
foster caregivers who hold certificates
issued under section
5103.03 of the Revised Code shall pay
those
foster caregivers who
have
had at
least one
foster child placed
in their home
a stipend to reimburse them for
attending training
courses
provided by the Ohio child welfare
training program or
pursuant to a preplacement training
program or
continuing training
program
operated under section
5103.034 or 5153.60 of the
Revised Code. The
payment shall be based on a
stipend
rate established by the
department
of job and family
services.
The
stipend rate shall be
the same
regardless of the type of
recommending agency from
which
a foster
caregiver seeks a recommendation. The department shall,
pursuant to rules adopted under section
5103.0316 of the Revised
Code, reimburse the recommending agency
for stipend payments it
makes in accordance with this section.
Sec. 5103.0313. The department of job and family services
shall reimburse
the following compensate a private child placing agency or private noncustodial agency for the cost of providing procuring or operating
preplacement and continuing training to foster caregivers:
(A) The Ohio child welfare training program;
(B) A public children services agency, private child placing
agency, or
private noncustodial agency
through a preplacement
training program or continuing training program operated programs under
section
5103.034 of the Revised Code for foster caregivers who are recommended for initial certification or recertification by the agency.
The reimbursement compensation shall be on
a per diem basis and limited to
the cost associated
with the trainer, obtaining a site at which
the
training is provided, and the administration of the training paid to the agency in the form of an allowance for each hour of preplacement and continuing training provided or received.
A
reimbursement rate shall be the same regardless of whether the
training program is operated by
the Ohio child welfare training
program or a public children services agency,
private child
placing agency, or private noncustodial agency.
Sec. 5103.0314. The department of job and family services
shall not
reimburse compensate a recommending agency for the cost of any
training the agency
requires a foster caregiver to undergo as a
condition of the agency
recommending the department certify or
recertify the foster caregiver's
foster home under section 5103.03
of the Revised Code if the
training is in addition to the
minimum
training required by section
5103.031 or 5103.032 of the Revised
Code.
Sec. 5103.0315. The department of job and family services shall seek
federal financial participation for the cost of making payments under section
5103.0312 of the Revised
Code and reimbursements allowances under section
5103.0313 of the Revised Code. The department shall notify
the governor, president of the senate, minority leader of the senate,
speaker of the house of representatives, and minority leader of
the house of representatives of any proposed federal legislation that
endangers the federal financial participation.
Sec. 5103.0316. Not later than ninety days after
January 1,
2001, the The
department of
job and family services shall adopt
rules
in accordance with
Chapter 119. of the Revised Code
as necessary
for the efficient
administration of sections 5103.031 to 5103.0316
of the
Revised
Code. The rules shall provide for all of the
following:
(A) For the purpose of section 5103.038 of the Revised Code,
the date by
which a public children services agency, private child
placing agency, or
private
noncustodial agency that seeks to
operate a preplacement training program or
continuing training
program under section 5103.034 of the Revised Code must
submit to
the department a proposal outlining the program;
(B) Requirements governing
the department's reimbursement compensation of
the Ohio child welfare training program and
public children
services
agencies, private child placing agencies,
and private
noncustodial
agencies under
sections 5103.0312
and
5103.0313 of
the Revised Code;
(C) Any other matter the department considers appropriate.
Sec. 5103.154. (A) Information concerning all
children who
are, pursuant to section 2151.353 or 5103.15 of the
Revised Code,
in the permanent custody of an institution or
association
certified by the department of job and family
services under
section
5103.03 of the Revised Code shall be listed with the
department within ninety
days
after permanent custody is
effective, unless the child has been
placed for adoption or unless
an application for placement was
initiated under section 5103.16
of the Revised Code.
(B) All persons who wish to adopt children, and are
approved
by an agency so empowered under this chapter, shall be
listed with
the department within ninety days
of approval, unless a person
requests in writing that that
person's name not be so listed, or
has had a child placed in
that person's home in
preparation for
adoption, or has filed a petition for adoption.
(C) All persons who wish to adopt a child with special
needs
as defined in rules adopted under section 5153.163 of the Revised
Code,
and who are approved by an agency so empowered under this
chapter, shall
be listed separately by the department within
ninety days of approval, unless a person requests in writing that
that person's name not be so listed, or has had a child with
special needs placed in that person's home in preparation
for
adoption, or has filed a
petition for adoption.
(D) The department shall forward information on such
children and listed persons at least quarterly, to all public
children
services
agencies and all certified agencies.
(E) The appropriate listed names shall be removed when a
child is placed in an adoptive home or when a person withdraws an
application for adoption.
(F) No later than six months after the end of each fiscal
year, the department shall compile a report of
its conclusions
regarding the effectiveness of its actions
pursuant to this
section and of the restrictions on placement
under division (E)(G) of
section 5153.163 of the Revised Code
in increasing adoptive
placements of children with special needs, together
with its
recommendations, and shall submit a copy of the report to the
chairpersons of the principal committees of the senate
and the
house of representatives who consider welfare legislation.
Sec. 5103.155. As used in this section, "children with special needs" has the same meaning as in rules adopted under section 5153.163 of the Revised Code.
If the department of job and family services determines that money in the putative father registry fund created under section 2101.16 of the Revised Code is more than is needed to perform its duties related to the putative father registry, the department may use surplus moneys in the fund to promote adoption of children with special needs.
Sec. 5104.01. As used in this chapter:
(A)
"Administrator" means the person responsible for the
daily operation of a center or type A home. The administrator
and
the owner may be the same person.
(B)
"Approved child day camp" means a child day camp
approved pursuant to section 5104.22 of the Revised Code.
(C)
"Authorized provider" means a person authorized by a
county director of job and family services to operate a
certified
type B family day-care home.
(D)
"Border state child day-care provider" means a child
day-care
provider
that is located in a state bordering Ohio and
that is licensed,
certified,
or otherwise approved by that state
to provide child day-care.
(E)
"Caretaker parent" means the father or mother of a
child
whose presence in the home is needed as the caretaker of
the
child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child.
(F)
"Certified type B family day-care home" and
"certified
type B home" mean a type B family day-care home
that is certified
by the director of the county department of
job and family
services pursuant to section 5104.11 of the Revised Code
to
receive public funds for providing child day-care pursuant to this
chapter
and
any rules adopted under it.
(G)
"Chartered nonpublic school" means a school that
meets
standards for nonpublic schools prescribed by the state
board of
education for nonpublic schools pursuant to section
3301.07 of the
Revised Code.
(H)
"Child" includes an infant, toddler, preschool child,
or
school child.
(I)
"Child care block grant act" means the
"Child
Care and
Development Block Grant
Act of 1990," established in section 5082
of the
"Omnibus
Budget Reconciliation Act of 1990," 104
Stat.
1388-236 (1990), 42
U.S.C. 9858, as
amended.
(J)
"Child day camp" means a program in which only school
children attend or participate, that operates for no more than
seven hours per day, that operates only during one or more public
school district's regular vacation periods or for no more than
fifteen weeks during the summer, and that operates outdoor
activities for each child who attends or participates in the
program for a minimum of fifty per cent of each day that children
attend or participate in the program, except for any day when
hazardous weather conditions prevent the program from operating
outdoor activities for a minimum of fifty per cent of that day.
For purposes of this division, the maximum seven hours of
operation time does not include transportation time from a
child's
home to a child day camp and from a child day camp to a
child's
home.
(K)
"Child day-care" means administering to the needs of
infants, toddlers, preschool children, and school
children outside
of school hours by persons other than their parents or
guardians,
custodians, or relatives by blood, marriage, or
adoption for any
part of the twenty-four-hour day in a place or
residence other
than a child's own home.
(L)
"Child day-care center" and
"center" mean any place
in
which child day-care or publicly funded child day-care is
provided
for thirteen or more children at one time or any place
that is not
the permanent residence of the licensee or
administrator in which
child day-care or publicly funded child
day-care is provided for
seven to twelve children at one time.
In counting children for
the purposes of this division, any
children under six years of age
who are related to a licensee,
administrator, or employee and who
are on the premises of the
center shall be counted.
"Child
day-care center" and
"center" do
not include any of the following:
(1) A place located in and operated by a hospital, as
defined in section 3727.01 of the Revised Code, in which the
needs
of children are administered to, if all the children whose
needs
are being administered to are monitored under the on-site
supervision of a physician licensed under Chapter 4731.
of the
Revised Code or a
registered nurse licensed under Chapter 4723.
of
the Revised Code, and the services are provided only for
children
who, in the opinion of the child's parent, guardian, or
custodian,
are exhibiting symptoms of a communicable disease or
other illness
or are injured;
(3) A place that provides child day-care, but
not publicly
funded child day-care, if all of the
following apply:
(a) An organized religious body
provides the child day-care;
(b) A parent, custodian, or guardian of at least one
child
receiving child day-care is on the
premises and readily accessible
at all times;
(c) The child day-care is not provided for more than thirty
days
a year;
(d) The child day-care is provided only for preschool and
school
children.
(M)
"Child day-care resource and referral service
organization"
means a community-based nonprofit organization that
provides child day-care
resource and referral services but not
child day-care.
(N)
"Child day-care resource and referral services" means
all of the following services:
(1) Maintenance of a uniform data base of all child
day-care
providers in the community that are in compliance with
this
chapter, including current occupancy and vacancy data;
(2) Provision of individualized consumer education to
families seeking child day-care;
(3) Provision of timely referrals of available child
day-care providers to families seeking child day-care;
(4) Recruitment of child day-care providers;
(5) Assistance in the development, conduct, and
dissemination of training
for child day-care providers
and
provision of technical assistance to current and potential
child
day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and
demand for child day-care in the community;
(7) Technical assistance concerning locally, state, and
federally funded
child day-care and early childhood education
programs;
(8) Stimulation of employer involvement in making child
day-care more affordable, more available, safer, and of higher
quality for their employees and for the community;
(9) Provision of written educational materials to
caretaker
parents and informational resources to child day-care
providers;
(10) Coordination of services among child day-care resource
and referral
service organizations to assist in developing and
maintaining a statewide
system of child day-care resource and
referral services if required by the
department of job and family
services;
(11) Cooperation with the county department of job and
family services in encouraging the establishment of parent
cooperative
child day-care centers and parent cooperative type
A
family day-care homes.
(O)
"Child-care staff member" means an employee of a
child
day-care center or type A family day-care home who is
primarily
responsible for the care and supervision of children.
The
administrator may be a part-time child-care staff member when
not
involved in other duties.
(P)
"Drop-in child day-care center,"
"drop-in center,"
"drop-in type A family day-care home," and
"drop-in type A
home"
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary,
irregular basis.
(Q)
"Employee" means a person who either:
(1) Receives compensation for duties performed in a child
day-care center or type A family day-care home;
(2) Is assigned specific working hours or duties in a
child
day-care center or type A family day-care home.
(R)
"Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this
chapter.
(S)
"Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2)
of
the
"Omnibus Budget Reconciliation Act
of 1981," 95 Stat. 511, 42
U.S.C. 9902, as amended,
for a family size
equal to the size of
the family of the person whose income is being
determined.
(T)
"Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42
U.S.C.A. 9831,
as
amended, or under
section sections 3301.31 to 3301.37 of the Revised Code.
(U)
"Income" means gross income, as defined in section
5107.10
of the Revised Code, less any amounts required by federal
statutes or
regulations to be
disregarded.
(V)
"Indicator checklist" means an inspection tool, used
in
conjunction with an instrument-based program monitoring
information system,
that contains selected licensing requirements
that are statistically reliable
indicators or predictors of a
child day-care center or type A family
day-care home's compliance
with licensing requirements.
(W)
"Infant" means a child who is less than
eighteen months
of age.
(X)
"In-home aide" means a person certified by a county
director of job and family services pursuant to section
5104.12 of
the Revised Code
to provide publicly funded child day-care to a
child
in a child's own home pursuant to this chapter and any rules
adopted under it.
(Y)
"Instrument-based program monitoring information
system"
means a method to assess compliance with licensing requirements
for child
day-care centers and type A family day-care homes in
which each
licensing requirement is assigned a weight indicative
of the relative
importance of the requirement to the health,
growth, and safety of the
children that is used to develop an
indicator checklist.
(Z)
"License capacity" means the maximum number in each
age
category of children who may be cared for in a child day-care
center
or type A family day-care home at one time as determined by
the
director of job and family services considering building
occupancy limits
established by the department of commerce, number
of available child-care
staff members, amount of available indoor
floor space and outdoor play space,
and amount of available play
equipment, materials, and supplies.
(AA)
"Licensed preschool program" or
"licensed school
child
program" means a preschool program or school child program,
as
defined in section 3301.52 of the Revised Code, that is
licensed
by the department of education pursuant to sections
3301.52 to
3301.59 of the Revised Code.
(BB)
"Licensee" means the owner of a child day-care
center
or type A family day-care home that is licensed pursuant to this
chapter and who is responsible for ensuring its compliance with
this chapter and rules adopted pursuant to this chapter.
(CC)
"Operate a child day camp" means to operate,
establish,
manage, conduct, or maintain a child day camp.
(DD)
"Owner" includes a person, as defined in section
1.59
of the Revised Code, or government entity.
(EE)
"Parent cooperative child day-care center,"
"parent
cooperative center,"
"parent cooperative type A family day-care
home," and
"parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation.
(FF)
"Part-time child day-care center,"
"part-time
center,"
"part-time type A family day-care home," and
"part-time type
A
home" mean a center or type A home that provides child
day-care or
publicly funded child day-care for no more than four hours a day
for any child.
(GG)
"Place of worship" means a building where
activities of
an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities.
(HH)
"Preschool child" means a child who is three years
old
or
older but is not a school child.
(II)
"Protective day-care" means publicly funded child
day-care for the direct care and protection of a child to whom
either of the following applies:
(1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective day-care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the
Revised Code;
(2) The child and the child's caretaker either temporarily
reside
in a facility providing emergency shelter for homeless
families
or are determined by the county department of job and
family services to be homeless, and are otherwise ineligible for
publicly
funded
child day-care.
(JJ)
"Publicly funded child day-care" means
administering
to
the needs of infants, toddlers, preschool
children, and school
children under age thirteen during
any part of the
twenty-four-hour day by
persons other than their caretaker parents
for remuneration
wholly or in part with federal or state funds,
including funds available under the child care
block grant act funds, Title IV-A, and Title XX, distributed by the
department of job and family services.
(KK)
"Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or
prior to
worship
or other religious services; youth or adult
fellowship
activities; choir or other musical group practices or
programs;
meals; festivals; or meetings conducted by an organized
religious
group.
(LL)
"School child" means a child who is enrolled in or
is
eligible to be enrolled in a grade of kindergarten or above but
is
less than fifteen years old.
(MM)
"School child day-care center,"
"school child
center,"
"school child type A family day-care home," and
"school child
type
A family home" mean a center or type A home that
provides
child
day-care for school children only and that does either or
both of
the following:
(1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located;
(2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance.
(NN)
"Special needs day-care" means publicly funded
child
day-care that is provided for a child who is physically or
developmentally handicapped, mentally retarded, or mentally ill.
(OO)
"State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code.
(PP)
"Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(QQ) "Title XX" means Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.
(RR) "Toddler" means a child who is at least eighteen
months
of age but less than three years of age.
(QQ)(SS)
"Type A family day-care home" and
"type A home"
mean a
permanent residence of the administrator in which child day-care
or publicly funded child day-care is provided for seven to twelve
children at one time or a permanent residence of the
administrator
in which child day-care is provided for four to
twelve children at
one time if four or more children at one time
are under two years
of age. In counting children for the
purposes of this division,
any children under six years of age
who are related to a licensee,
administrator, or employee and who
are on the premises of the type
A home shall be counted.
"Type A
family day-care home" does not
include a residence in which the
needs of children are
administered to, if all of the children
whose needs are being
administered to are siblings of the same
immediate family and the
residence is the home of the siblings.
"Type A family day-care
home" and
"type A home" do not include
any child day camp.
(RR)(TT)
"Type B family day-care home" and
"type B home" mean
a
permanent residence of the provider in which child day-care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who
are
on the premises of the type B home shall be counted.
"Type B
family day-care home" does not include a residence in which the
needs of children are administered to, if all of the children
whose needs are being administered to are siblings of the same
immediate family and the residence is the home of the siblings.
"Type B family day-care home" and
"type B home" do not include
any
child day camp.
Sec. 5104.011. (A) The director of job and family services shall
adopt rules pursuant to Chapter 119. of the Revised
Code
governing the operation of child day-care centers, including, but
not limited to, parent cooperative centers, part-time centers,
drop-in centers, and school child centers, which rules shall
reflect the various forms of child day-care and the needs of
children receiving child day-care or publicly funded child
day-care and, no later than January 1, 1992, shall include
specific rules for school child day-care centers that are
developed in consultation with the department of education. The
rules shall not require an existing school facility that is in
compliance with applicable building codes to undergo an
additional building code inspection or to have structural
modifications. The rules shall include the following:
(1) Submission of a site plan and descriptive plan of
operation to demonstrate how the center proposes to meet the
requirements of this chapter and rules adopted
pursuant to
this chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings
of the center are safe and sanitary including, but not limited
to, the physical environment, the physical plant, and the
equipment of the center;
(3) Standards for the supervision, care, and discipline of
children receiving child day-care or publicly funded child
day-care in the center;
(4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible. As used in this
division, "program" does not include instruction in religious or
moral doctrines, beliefs, or values that is conducted at child
day-care centers owned and operated by churches and does include
methods of disciplining children at child day-care centers.
(5) Admissions policies and procedures, health care
policies and procedures, including, but not limited to,
procedures for the isolation of children with communicable
diseases, first aid and emergency procedures, procedures for
discipline and supervision of children, standards for the
provision of nutritious meals and snacks, and procedures for
screening children and employees, including, but not limited to,
any necessary physical examinations and immunizations;
(6) Methods for encouraging parental participation in the
center and methods for ensuring that the rights of children,
parents, and employees are protected and that responsibilities of
parents and employees are met;
(7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the center
while under the care of a center employee;
(8) Procedures for record keeping, organization, and
administration;
(9) Procedures for issuing, renewing, denying, and
revoking a license that are not otherwise provided for in Chapter
119. of the Revised Code;
(10) Inspection procedures;
(11) Procedures and standards for setting initial and
renewal license application fees;
(12) Procedures for receiving, recording, and responding
to complaints about centers;
(13) Procedures for enforcing section 5104.04 of the
Revised Code;
(14) A standard requiring the inclusion, on and after July
1, 1987, of a current department of job and family services toll-free
telephone number on each center provisional license or license
which any person may use to report a suspected violation by the
center of this chapter or rules adopted pursuant to
this
chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention,
recognition, and management of communicable diseases, and in
child abuse recognition and prevention. Training requirements
for child day-care centers adopted under this division shall be
consistent with divisions (B)(6) and (C)(1) of this section.
(16) Procedures to be used by licensees for checking the
references of potential employees of centers and procedures to be
used by the director for checking the references of applicants
for licenses to operate centers;
(17) Standards providing for the special needs of children
who are handicapped or who require treatment for health
conditions while the child is receiving child day-care or
publicly funded child day-care in the center;
(18) Any other procedures and standards necessary to carry
out this chapter.
(B)(1) The child day-care center shall have, for each
child for whom the center is licensed, at least thirty-five
square feet of usable indoor floor space wall-to-wall regularly
available for the child day-care operation exclusive of any parts
of the structure in which the care of children is prohibited by
law or by rules adopted by the board of building standards. The
minimum of thirty-five square feet of usable indoor floor space
shall not include hallways, kitchens, storage areas, or any other
areas that are not available for the care of children, as
determined by the director, in meeting the space requirement of
this division, and bathrooms shall be counted in determining
square footage only if they are used exclusively by children
enrolled in the center, except that the exclusion of hallways,
kitchens, storage areas, bathrooms not used exclusively by
children enrolled in the center, and any other areas not
available for the care of children from the minimum of
thirty-five square feet of usable indoor floor space shall not
apply to:
(a) Centers licensed prior to or on September 1, 1986,
that continue under licensure after that date;
(b) Centers licensed prior to or on September 1, 1986,
that are issued a new license after that date solely due to a
change of ownership of the center.
(2) The child day-care center shall have on the site a
safe outdoor play space which is enclosed by a fence or otherwise
protected from traffic or other hazards. The play space shall
contain not less than sixty square feet per child using such
space at any one time, and shall provide an opportunity for
supervised outdoor play each day in suitable weather. The
director may exempt a center from the requirement of this
division, if an outdoor play space is not available and if all of
the following are met:
(a) The center provides an indoor recreation area that has
not less than sixty square feet per child using the space at any
one time, that has a minimum of one thousand four hundred forty
square feet of space, and that is separate from the indoor space
required under division (B)(1) of this section.
(b) The director has determined that there is regularly
available and scheduled for use a conveniently accessible and
safe park, playground, or similar outdoor play area for play or
recreation.
(c) The children are closely supervised during play and
while traveling to and from the area.
The director also shall exempt from the requirement of this
division a child day-care center that was licensed prior to
September 1, 1986, if the center received approval from the
director prior to September 1, 1986, to use a park, playground,
or similar area, not connected with the center, for play or
recreation in lieu of the outdoor space requirements of this
section and if the children are closely supervised both during
play and while traveling to and from the area and except if the
director determines upon investigation and inspection pursuant to
section 5104.04 of the Revised Code and rules
adopted
pursuant to that section that the park, playground, or similar
area, as well as access to and from the area, is unsafe for the
children.
(3) The child day-care center shall have at least two
responsible adults available on the premises at all times when
seven or more children are in the center. The center shall
organize the children in the center in small groups, shall
provide child-care staff to give continuity of care and
supervision to the children on a day-by-day basis, and shall
ensure that no child is left alone or unsupervised. Except as
otherwise provided in division (E) of this section, the maximum
number of children per child-care staff member and maximum group
size, by age category of children, are as follows:
|
|
Maximum Number of |
|
|
|
|
Children Per |
|
Maximum |
Age Category |
|
Child-Care |
|
Group |
of Children |
|
Staff Member |
|
Size |
(a) Infants: |
|
|
|
|
(i) Less than twelve |
|
|
|
|
months old |
|
5:1, or |
|
|
|
|
12:2 if two |
|
|
|
|
child-care |
|
|
|
|
staff members |
|
|
|
|
are in the room |
|
12 |
(ii) At least twelve |
|
|
|
|
months old, but |
|
|
|
|
less than eighteen |
|
|
|
|
months old |
|
6:1 |
|
12 |
(b) Toddlers: |
|
|
|
|
(i) At least eighteen |
|
|
|
|
months old, but |
|
|
|
|
less than thirty |
|
|
|
|
months old |
|
7:1 |
|
14 |
(ii) At least thirty months |
|
|
|
|
old, but less than |
|
|
|
|
three years old |
|
8:1 |
|
16 |
(c) Preschool |
|
|
|
|
children: |
|
|
|
|
(i) Three years old |
|
12:1 |
|
24 |
(ii) Four years old and |
|
|
|
|
five years old who |
|
|
|
|
are not school |
|
|
|
|
children |
|
14:1 |
|
28 |
(d) School children: |
|
|
|
|
(i) A child who is |
|
|
|
|
enrolled in or is |
|
|
|
|
eligible to be |
|
|
|
|
enrolled in a grade |
|
|
|
|
of kindergarten |
|
|
|
|
or above, but |
|
|
|
|
is less than |
|
|
|
|
eleven years
old |
|
18:1 |
|
36 |
(ii) Eleven through fourteen |
|
|
|
|
years old |
|
20:1 |
|
40 |
Except as otherwise provided in division (E) of this
section, the maximum number of children per child-care staff
member and maximum group size requirements of the younger age
group shall apply when age groups are combined.
(4)(a) The child day-care center administrator shall show
the director both of the following:
(i) Evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state;
(ii) Evidence of having completed at least two years of
training in an accredited college, university, or technical
college, including courses in child development or early
childhood education, or at least two years of experience in
supervising and giving daily care to children attending an
organized group program.
(b) In addition to the requirements of division (B)(4)(a)
of this section, any administrator employed or designated on or
after September 1, 1986, shall show evidence of, and any
administrator employed or designated prior to September 1, 1986,
shall show evidence within six years after such date of, at least
one of the following:
(i) Two years of experience working as a child-care staff
member in a center and at least four courses in child development
or early childhood education from an accredited college,
university, or technical college, except that a person who has
two years of experience working as a child-care staff member in a
particular center and who has been promoted to or designated as
administrator of that center shall have one year from the time
the person was promoted to or designated as administrator to complete
the required four courses;
(ii) Two years of training, including at least four
courses in child development or early childhood education from an
accredited college, university, or technical college;
(iii) A child development associate credential issued by
the national child development associate credentialing
commission;
(iv) An associate or higher degree in child development or
early childhood education from an accredited college, technical
college, or university, or a license designated for teaching in an associate
teaching position in a preschool setting issued by the state
board of education.
(5) All child-care staff members of a child day-care
center shall be at least eighteen years of age, and shall furnish
the director evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state or evidence
of completion of a training program approved by the department of job and
family services or state board of education, except as follows:
(a) A child-care staff member may be less than eighteen
years of age if the staff member is either of the following:
(i) A graduate of a two-year vocational child-care
training program approved by the state board of education;
(ii) A student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that
the student performs the student's duties in the child
day-care center under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the
student's high school, and meets all other requirements of this chapter
and rules adopted pursuant to this chapter.
(b) A child-care staff member shall be exempt from the
educational requirements of this division if the staff
member:
(i) Prior to January 1, 1972, was employed or designated
by a child day-care center and has been continuously employed
since either by the same child day-care center employer or at the
same child day-care center; or
(ii) Is a student enrolled in the second year of a
vocational child-care training program approved by the state
board of education which leads to high school graduation,
provided that the student performs the student's duties in
the child day-care center under the continuous supervision of an
experienced child-care staff member, receives periodic
supervision from the vocational child-care training program
teacher-coordinator in the student's high school, and meets
all other requirements of this chapter and rules
adopted pursuant to this
chapter.
(6) Every child day-care staff member of a child day-care
center annually shall complete fifteen hours of inservice
training in child development or early childhood education, child
abuse recognition and prevention, first aid, and in prevention,
recognition, and management of communicable diseases, until a
total of forty-five hours of training has been completed, unless
the staff member furnishes one of the following to the
director:
(a) Evidence of an associate or higher degree in child
development or early childhood education from an accredited
college, university, or technical college;
(b) A license designated for teaching in an associate teaching position in a
preschool setting issued by the state board of education;
(c) Evidence of a child development associate credential;
(d) Evidence of a preprimary credential from the American
Montessori society or the association Montessori international.
For the purposes of division (B)(6) of this section, "hour" means
sixty minutes.
(7) The administrator of each child day-care center shall
prepare at least once annually and for each group of children at
the center a roster of names and telephone numbers of parents,
custodians, or guardians of each group of children attending the
center and upon request shall furnish the roster for each group
to the parents, custodians, or guardians of the children in that
group. The administrator may prepare a roster of names and
telephone numbers of all parents, custodians, or guardians of
children attending the center and upon request shall furnish the
roster to the parents, custodians, or guardians of the children
who attend the center. The administrator shall not include in
any roster the name or telephone number of any parent, custodian,
or guardian who requests the administrator not to include the
parent's, custodian's, or guardian's name or number and shall not furnish
any roster to any person other than a parent, custodian, or guardian of a
child who attends the center.
(C)(1) Each child day-care center shall have on the center
premises and readily available at all times at least one
child-care staff member who has completed a course in first aid
and in prevention, recognition, and management of communicable
diseases which is approved by the state department of health and
a staff member who has completed a course in child abuse
recognition and prevention training which is approved by the
department of job and family services.
(2) The administrator of each child day-care center shall
maintain enrollment, health, and attendance records for all
children attending the center and health and employment records
for all center employees. The records shall be confidential,
except as otherwise provided in division (B)(7) of this section
and except that they shall be disclosed by the administrator to
the director upon request for the purpose of administering and
enforcing this chapter and rules adopted pursuant to this
chapter. Neither the center nor the licensee, administrator, or
employees of the center shall be civilly or criminally liable in
damages or otherwise for records disclosed to the director by the
administrator pursuant to this division. It shall be a defense
to any civil or criminal charge based upon records disclosed by
the administrator to the director that the records were disclosed
pursuant to this division.
(3)(a) Any parent who is the residential parent and legal
custodian of a child enrolled in a child day-care center and any
custodian or guardian of such a child shall be permitted
unlimited access to the center during its hours of operation for
the purposes of contacting their children, evaluating the care
provided by the center, evaluating the premises of the center, or
for other purposes approved by the director. A parent of a child
enrolled in a child day-care center who is not the child's
residential parent shall be permitted unlimited access to the
center during its hours of operation for those purposes under the
same terms and conditions under which the residential parent of
that child is permitted access to the center for those purposes.
However, the access of the parent who is not the residential
parent is subject to any agreement between the parents and, to
the extent described in division (C)(3)(b) of this section, is
subject to any terms and conditions limiting the right of access
of the parent who is not the residential parent, as described in
division (I) of section 3109.051 of the Revised Code, that are
contained in a parenting time order or decree issued
under that
section, section 3109.12 of the Revised Code, or any
other provision of the Revised Code.
(b) If a parent who is the residential parent of a child
has presented the administrator or the administrator's
designee with a copy of a
parenting time order that limits the terms and
conditions under which
the parent who is not the residential parent is to have access to
the center, as described in division (I) of section 3109.051 of
the Revised Code, the parent who is not the residential parent
shall be provided access to the center only to the extent
authorized in the order. If the residential parent has presented
such an order, the parent who is not the residential parent shall
be permitted access to the center only in accordance with the
most recent order that has been presented to the administrator or
the administrator's designee by the residential parent or
the parent who is not the residential parent.
(c) Upon entering the premises pursuant to division
(C)(3)(a) or (b) of this section, the parent who is the
residential parent and legal custodian, the parent who is not the
residential parent, or the custodian or guardian shall notify the
administrator or the administrator's designee of
the parent's, custodian's, or guardian's presence.
(D) The director of job and family services, in addition to the
rules adopted under division (A) of this section, shall adopt
rules establishing minimum requirements for child day-care
centers. The rules shall include, but not be limited to, the
requirements set forth in divisions (B) and (C) of this section.
Except as provided in section 5104.07 of the Revised Code, the
rules shall not change the square footage requirements of
division (B)(1) or (2) of this section; the maximum number of
children per child-care staff member and maximum group size
requirements of division (B)(3) of this section; the educational
and experience requirements of division (B)(4) of this section;
the age, educational, and experience requirements of division
(B)(5) of this section; the number of inservice training hours
required under division (B)(6) of this section; or the
requirement for at least annual preparation of a roster for each
group of children of names and telephone numbers of parents,
custodians, or guardians of each group of children attending the
center that must be furnished upon request to any parent,
custodian, or guardian of any child in that group required under
division (B)(7) of this section; however, the rules shall provide
procedures for determining compliance with those requirements.
(E)(1) When age groups are combined, the maximum number of
children per child-care staff member shall be determined by the
age of the youngest child in the group, except that when no more
than one child thirty months of age or older receives services in
a group in which all the other children are in the next older age
group, the maximum number of children per child-care staff member
and maximum group size requirements of the older age group
established under division (B)(3) of this section shall apply.
(2) The maximum number of toddlers or preschool
children per child-care staff member in a room where children are napping
shall be twice the maximum number of children per child-care
staff member established under division (B)(3) of this section if
all the following criteria are met:
(a) At least one child-care staff member is present in the
room.
(b) Sufficient child-care staff members are on the child
day-care center premises to meet the maximum number of children
per child-care staff member requirements established under
division (B)(3) of this section.
(c) Naptime preparations are complete and all napping
children are resting or sleeping on cots.
(d) The maximum number established under division (E)(2)
of this section is in effect for no more than one and one-half
hours during a twenty-four-hour day.
(F) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code governing the
operation of type A family day-care homes, including, but not
limited to, parent cooperative type A homes, part-time type A
homes, drop-in type A homes, and school child type A homes, which
shall reflect the various forms of child day-care and the needs
of children receiving child day-care. The rules shall include
the following:
(1) Submission of a site plan and descriptive plan of
operation to demonstrate how the type A home proposes to meet the
requirements of this chapter and rules adopted
pursuant to
this chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings
of the type A home are safe and sanitary, including, but not
limited to, the physical environment, the physical plant, and the
equipment of the type A home;
(3) Standards for the supervision, care, and discipline of
children receiving child day-care or publicly funded child
day-care in the type A home;
(4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(5) Admissions policies and procedures, health care
policies and procedures, including, but not limited to,
procedures for the isolation of children with communicable
diseases, first aid and emergency procedures, procedures for
discipline and supervision of children, standards for the
provision of nutritious meals and snacks, and procedures for
screening children and employees, including, but not limited to,
any necessary physical examinations and immunizations;
(6) Methods for encouraging parental participation in the
type A home and methods for ensuring that the rights of children,
parents, and employees are protected and that the
responsibilities of parents and employees are met;
(7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the type A
home while under the care of a type A home employee;
(8) Procedures for record keeping, organization, and
administration;
(9) Procedures for issuing, renewing, denying, and
revoking a license that are not otherwise provided for in Chapter
119. of the Revised Code;
(10) Inspection procedures;
(11) Procedures and standards for setting initial and
renewal license application fees;
(12) Procedures for receiving, recording, and responding
to complaints about type A homes;
(13) Procedures for enforcing section 5104.04 of the
Revised Code;
(14) A standard requiring the inclusion, on or after July
1, 1987, of a current department of job and family services toll-free
telephone number on each type A home provisional license or
license which any person may use to report a suspected violation
by the type A home of this chapter or rules adopted
pursuant
this chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention,
recognition, and management of communicable diseases, and in
child abuse recognition and prevention;
(16) Procedures to be used by licensees for checking the
references of potential employees of type A homes and procedures
to be used by the director for checking the references of
applicants for licenses to operate type A homes;
(17) Standards providing for the special needs of children
who are handicapped or who require treatment for health
conditions while the child is receiving child day-care or
publicly funded child day-care in the type A home;
(18) Standards for the maximum number of children per
child-care staff member;
(19) Requirements for the amount of usable indoor floor
space for each child;
(20) Requirements for safe outdoor play space;
(21) Qualifications and training requirements for
administrators and for child-care staff members;
(22) Procedures for granting a parent who is the
residential parent and legal custodian, or a custodian or
guardian access to the type A home during its hours of operation;
(23) Standards for the preparation and distribution of a
roster of parents, custodians, and guardians;
(24) Any other procedures and standards necessary to carry
out this chapter.
(G) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code governing the
certification of type B family day-care homes.
(1) The rules shall
include procedures, standards, and other necessary provisions for
granting limited certification to type B family day-care homes
that are operated by the following adult providers:
(a) Persons who provide child day-care
for eligible children who are great-grandchildren, grandchildren,
nieces, nephews, or siblings of the provider or for eligible
children whose caretaker parent is a grandchild, child, niece,
nephew, or sibling of the provider;
(b) Persons who provide child day-care for eligible children
all of whom are the children of the same caretaker parent.
The rules shall require, and
shall include procedures for the director to ensure, that type B
family day-care homes that receive a limited certification
provide child day-care to children in a safe and sanitary manner.
With regard to providers who apply for limited certification, a
provider shall be granted a provisional limited certification on
signing a declaration under oath attesting that the provider
meets the standards for limited certification. Such provisional limited
certifications shall remain in effect for no more than sixty
calendar days and shall entitle the provider to offer publicly
funded child day-care during the provisional period. Except
as otherwise provided in division (G)(1) of this section, prior
to
the expiration of the provisional limited certificate, a county department of
job and family services shall inspect the home and shall
grant limited certification to the provider if the provider
meets the requirements of this division. Limited certificates remain valid
for two years unless earlier revoked. Except as otherwise
provided in division (G)(1) of this section, providers operating
under limited certification shall be inspected annually.
If a provider is
a person described in division (G)(1)(a) of this
section or a person described in division (G)(1)(b)
of this section who is a friend of the caretaker parent, the provider and
the caretaker parent may verify in writing to the county department of
job and family services that minimum health and safety
requirements are being met in the home. If such verification is provided, the
county shall waive any inspection
and any criminal records check required by this chapter and grant limited
certification to the provider.
(2) The rules shall provide for safeguarding the health,
safety, and welfare of children receiving child day-care or
publicly funded child day-care in a certified type B home and
shall include the following:
(a) Standards for ensuring that the type B home and the
physical surroundings of the type B home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment;
(b) Standards for the supervision, care, and discipline of
children receiving child day-care or publicly funded child
day-care in the home;
(c) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(d) Admission policies and procedures, health care, first
aid and emergency procedures, procedures for the care of sick
children, procedures for discipline and supervision of children,
nutritional standards, and procedures for screening children and
authorized providers, including, but not limited to, any
necessary physical examinations and immunizations;
(e) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and authorized
providers are protected and the responsibilities of parents and
authorized providers are met;
(f) Standards for the safe transport of children when
under the care of authorized providers;
(g) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(h) Procedures for the inspection of type B family
day-care homes that require, at a minimum, that each type B
family day-care home be inspected prior to certification to
ensure that the home is safe and sanitary;
(i) Procedures for record keeping and evaluation;
(j) Procedures for receiving, recording, and responding
to complaints;
(k) Standards providing for the special needs of children
who are handicapped or who receive treatment for health
conditions while the child is receiving child day-care or
publicly funded child day-care in the type B home;
(l) Requirements for the amount of usable indoor floor
space for each child;
(m) Requirements for safe outdoor play space;
(n) Qualification and training requirements for
authorized providers;
(o) Procedures for granting a parent who is the
residential parent and legal custodian, or a custodian or
guardian access to the type B home during its hours of operation;
(p) Any other procedures and standards necessary to carry
out this chapter.
(H) The director shall adopt rules pursuant to
Chapter 119. of the Revised Code governing the certification of
in-home aides. The rules shall include procedures, standards,
and other necessary provisions for granting limited certification
to in-home aides who provide child day-care for eligible children
who are great-grandchildren, grandchildren, nieces, nephews, or
siblings of the in-home aide or for eligible children whose
caretaker parent is a grandchild, child, niece, nephew, or
sibling of the in-home aide. The rules shall require, and shall
include procedures for the director to ensure, that in-home aides
that receive a limited certification provide child day-care to
children in a safe and sanitary manner. The rules shall provide
for safeguarding the health, safety, and welfare of children
receiving publicly funded child day-care in their own home and
shall include the following:
(1) Standards for ensuring that the child's home and the
physical surroundings of the child's home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment;
(2) Standards for the supervision, care, and discipline of
children receiving publicly funded child day-care in their own
home;
(3) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible;
(4) Health care, first aid, and emergency procedures,
procedures for the care of sick children, procedures for
discipline and supervision of children, nutritional standards,
and procedures for screening children and in-home aides,
including, but not limited to, any necessary physical
examinations and immunizations;
(5) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and in-home aides
are protected and the responsibilities of parents and in-home
aides are met;
(6) Standards for the safe transport of children when
under the care of in-home aides;
(7) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates;
(8) Procedures for inspection of homes of children
receiving publicly funded child day-care in their own homes;
(9) Procedures for record keeping and evaluation;
(10) Procedures for receiving, recording, and responding
to complaints;
(11) Qualifications and training requirements for in-home
aides;
(12) Standards providing for the special needs of children
who are handicapped or who receive treatment for health
conditions while the child is receiving publicly funded child
day-care in the child's own home;
(13) Any other procedures and standards necessary to carry
out this chapter.
(I)(1) The director of job and family services shall send copies do all of the following:
(a) Send to each licensee notice of
proposed rules to each licensee and each county director of
job and family services and shall give governing the licensure of child day-care centers and type A homes;
(b) Give public notice of hearings
regarding the
rules to each licensee and each county director of job and
family services at least thirty days prior to the date of the public
hearing, in
accordance with section 119.03 of the Revised Code. Prior;
(c) Prior to the
effective date of a rule, the director of job and family
services shall
provide copies, in either paper or electronic form, a copy of the adopted rule to each licensee and each
county director of job and family services.
(2) The director shall do all of the following:
(a) Send to each county director of job and family services a notice of proposed rules governing the certification of type B family homes and in-home aides that includes an internet web site address where the proposed rules can be viewed;
(b) Give public notice of hearings regarding the proposed rules not less than thirty days in advance;
(c) Provide to each county director of job and family services an electronic copy of each adopted rule prior to the rule's effective date.
(3) The county director of job and family services shall send
copies of
proposed rules to each authorized provider and in-home aide and
shall give public notice of hearings regarding the rules to each
authorized provider and in-home aide at least thirty days prior
to the date of the public hearing, in accordance with section
119.03 of the Revised Code. Prior to the effective date of a
rule, the county director of job and family services shall
provide copies of the adopted rule to each authorized provider and in-home
aide.
(4) Additional copies of proposed and adopted rules shall be
made available by the director of job and family services
to the public on
request at no charge.
(J) The director of job and family services shall review
all rules
adopted pursuant to this chapter at least once every
seven
years.
(K) Notwithstanding any provision of the Revised Code, the
director of job and family services shall not regulate in
any way under
this chapter or rules adopted pursuant to this
chapter,
instruction in religious or moral doctrines, beliefs, or values.
Sec. 5104.02. (A) The director of job and family services
is
responsible for the licensing of child day-care centers and
type
A family day-care homes, and for the enforcement of this
chapter
and of rules promulgated pursuant to this chapter. No
person,
firm, organization, institution, or agency shall operate,
establish, manage, conduct, or maintain a child day-care center
or
type A family day-care home without a license issued under
section
5104.03 of the Revised Code. The current license shall
be posted
in a conspicuous place in the center or type A home
that is
accessible to parents, custodians, or guardians and
employees of
the center or type A home at all times when the
center or type A
home is in operation.
(B) A person, firm, institution, organization, or agency
operating any of the following programs is exempt from the
requirements of this chapter:
(1) A program of child day-care that operates for two or
less consecutive weeks;
(2) Child day-care in places of worship during religious
activities during which children are cared for while at least one
parent, guardian, or custodian of each child is participating in
such activities and is readily available;
(3) Religious activities which do not provide child
day-care;
(4) Supervised training, instruction, or activities of
children in specific areas, including, but not limited to: art;
drama; dance; music; gymnastics, swimming, or another athletic
skill or sport; computers; or an educational subject conducted on
an organized or periodic basis no more than one day a week and
for
no more than six hours duration;
(5) Programs in which the director determines that at
least
one parent, custodian, or guardian of each child is on the
premises of the facility offering child day-care and is readily
accessible at all times, except that child day-care provided on
the premises at which a parent, custodian, or guardian is employed
more
than two and one-half hours a day shall be licensed in
accordance with
division (A) of this section;
(6)(a) Programs that provide child day-care funded and
regulated or operated and regulated by state departments other
than the department of job and family services or the state board
of
education when the director of job and family services has
determined
that
the rules governing the program are equivalent to
or exceed the
rules promulgated pursuant to this chapter.
Notwithstanding any exemption from regulation under this
chapter, each state department shall submit to the director of job
and
family services a copy of the rules that govern programs that
provide child day-care and are regulated or operated and
regulated
by the department. Annually, each state department
shall submit
to the director a report for each such program it
regulates or
operates and regulates that includes the following
information:
(i) The site location of the program;
(ii) The maximum number of infants, toddlers, preschool
children, or school children served by the program at one time;
(iii) The number of adults providing child day-care for
the
number of infants, toddlers, preschool children, or school
children;
(iv) Any changes in the rules made subsequent to the time
when the rules were initially submitted to the director.
The director shall maintain a record of the child day-care
information submitted by other state departments and shall
provide
this information upon request to the general assembly or
the
public.
(b) Child day-care programs conducted by boards of
education
or by chartered nonpublic schools that are conducted in
school
buildings and that provide child day-care to school
children only
shall be exempt from meeting or exceeding rules
promulgated
pursuant to this chapter.
(7) Any preschool program or school child program, except a head start program, that is
subject to licensure by the department of education under
sections
3301.52 to 3301.59 of the Revised Code.
(8) Any program providing child day-care that meets all of
the following requirements and, on October 20, 1987, was being
operated by a nonpublic school that holds a charter issued by the
state board of education for kindergarten only:
(a) The nonpublic school has given the notice to the state
board and the director of job and family services required by
Section 4
of
Substitute House Bill No. 253 of the 117th general
assembly;
(b) The nonpublic school continues to be chartered by the
state board for kindergarten, or receives and continues to hold a
charter from the state board for kindergarten through grade five;
(c) The program is conducted in a school building;
(d) The program is operated in accordance with rules
promulgated by the state board under sections 3301.52 to 3301.57
of the Revised Code.
(9) A youth development program
operated outside of school
hours by a community-based center to
which all of the following
apply:
(a) The children enrolled in the program are under
nineteen
years of age and enrolled in or eligible to be enrolled
in a grade
of kindergarten or above.
(b) The program provides informal child care and
at least
two of the following supervised activities:
educational,
recreational, culturally enriching, social, and
personal
development activities.
(c) The state board of education has approved the
program's
participation in the child and adult care food program
as an
outside-school-hours care center pursuant to standards established
under
section 3313.813 of the
Revised
Code.
(d) The community-based center operating the
program is
exempt from federal income taxation pursuant to 26
U.S.C.
501(a)
and (c)(3).
Sec. 5104.30. (A) The department of job and family services is
hereby designated as the state agency responsible for
administration and coordination of federal and state funding for
publicly funded child day-care in this state. Publicly funded
child day-care shall be provided to the following:
(1) Recipients of transitional child day-care as provided under section
5104.34 of the Revised Code;
(2) Participants in the Ohio
works first program established under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio works
first program if not for a sanction under section 5107.16 of the Revised Code
and who continue to participate in a work activity, developmental activity, or
alternative work activity pursuant to an assignment under section 5107.42 of
the Revised Code;
(4) A family receiving publicly funded child day-care on
October 1, 1997, until the family's income
reaches one hundred fifty per cent of the federal poverty line;
(5) Subject to available funds, other individuals
determined eligible in
accordance with rules adopted under section 5104.38 of the Revised Code.
The department
shall apply to the United States department of health and human
services for authority to operate a coordinated program for
publicly funded child day-care, if the director of job and family services
determines that the application is necessary. For purposes of
this section, the department of job and family services may enter into
agreements with other state agencies that are involved in
regulation or funding of child day-care. The department shall
consider the special needs of migrant workers when it administers
and coordinates publicly funded child day-care and shall develop
appropriate procedures for accommodating the needs of migrant
workers for publicly funded child day-care.
(B) The department of job and family services shall distribute
state and federal funds for publicly funded child day-care,
including appropriations of state funds for publicly funded child
day-care and appropriations of federal funds for publicly funded
child day-care available under Title XX of the "Social Security Act,"
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as
amended, and the child care block grant act, Title IV-A, and Title XX. The
department may use any state funds appropriated for publicly
funded child day-care as the state share required to match any
federal funds appropriated for publicly funded child day-care.
(C) The department may use federal funds available under
the child care block grant act to hire staff to prepare any rules
required under this chapter and to administer and coordinate
federal and state funding for publicly funded child day-care.
Not more than five per cent of the
aggregate amount of those federal funds received for a fiscal year may be
expended for administrative costs. The department shall allocate and use at
least four per cent of the federal funds for the following:
(1) Activities designed to provide comprehensive consumer education to
parents and the public;
(2) Activities that increase parental choice;
(3) Activities, including child day-care resource and referral services,
designed to improve the quality, and increase the supply, of child day-care.
(D) The department shall ensure that any federal funds received
by the state under the child care block grant act will be used
only to supplement, and will not be used to supplant, federal,
state, and local funds available on the effective date of that
act for publicly funded child day-care and related programs. A
county department of job and family services may purchase child day-care
from funds obtained through any other means.
(E) The department shall encourage the development of
suitable child day-care throughout the state, especially in areas
with high concentrations of recipients of public assistance and
families with low incomes. The department shall
encourage the development of suitable child day-care designed to
accommodate the special needs of migrant workers. On request,
the department, through its employees or contracts with state or
community child day-care resource and referral service
organizations, shall provide consultation to groups and
individuals interested in developing child day-care. The
department of job and family services may enter into interagency
agreements with the department of education, the board of
regents, the department of development, and other state agencies
and entities whenever the cooperative efforts of the other state
agencies and entities are necessary for the department of job and family
services to fulfill its duties and responsibilities under this
chapter.
The department may develop and maintain a registry of persons providing
child day-care. The director may adopt rules pursuant to Chapter 119. of the Revised
Code establishing procedures and requirements for the registry's administration.
(F) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing a procedure for determining
rates of reimbursement and a procedure for paying providers of
publicly funded child day-care. In establishing rates of reimbursement
pursuant to this division, the director shall use the information obtained
under division (B)(3) of section 5104.04 of the Revised Code and may establish
different rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special needs of the
child, whether expanded hours of service are provided, whether weekend service
is provided, whether the provider has exceeded
the minimum requirements of state statutes and rules governing child day-care,
and any other factors the director considers appropriate. The director
shall establish an enhanced rate of reimbursement for providers who provide
child day-care for caretaker parents who work nontraditional hours.
For a type B family day-care home that has received
limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, the
department shall adopt rules establishing a reimbursement rate that
is the greater of the rate that was in effect for the home
on October 1, 1997, or seventy-five per cent of the
reimbursement rate that applies to a type B family
day-care home certified by the same county department
of job and family services pursuant to section 5104.11 of the Revised Code.
Sec. 5104.32. (A) Except as provided in division (C)
of
this section, all purchases of publicly funded child
day-care
shall be made under a contract entered into by a
licensed child
day-care center, licensed type A family day-care
home, certified
type B family day-care home, certified in-home
aide, approved
child day camp, licensed preschool program,
licensed school child
program, or border state child day-care
provider and the county
department of job and family
services. A county department of job
and family services
may enter into a
contract with a provider for
publicly funded child day-care for a
specified period of time or
upon a continuous basis for an
unspecified period of time. All
contracts for publicly funded
child day-care shall be contingent
upon the availability of state
and federal funds. The department
of job and family
services shall prescribe a standard form to be
used for all contracts for the
purchase of publicly funded child
day-care, regardless of the
source of public funds used to
purchase the child day-care. To
the extent permitted by federal
law and notwithstanding any other
provision of the Revised Code
that regulates state or county
contracts or contracts involving
the expenditure of state,
county, or federal funds, all contracts
for publicly funded child
day-care shall be entered into in
accordance with the provisions
of this chapter and are exempt from
any other provision of the
Revised Code that regulates state or
county contracts or
contracts involving the expenditure of state,
county, or federal
funds.
(B) Each contract for publicly funded child day-care shall
specify at least the following:
(1) Except as provided in division (B)(2) of this
section,
that the provider of publicly funded child day-care
agrees to be
paid for rendering services at the lower of the rate
customarily
charged by the provider for children enrolled for
child day-care
or the rate of reimbursement
established pursuant to section
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child day-care
to
caretaker parents who work nontraditional hours, that the
provider is to be paid for rendering services to those caretaker
parents at the rate of reimbursement established pursuant to
section 5104.30 of the Revised
Code regardless of whether that
rate is higher than the rate the provider customarily charges
for
children enrolled for child day-care;
(3) That, if a provider provides child day-care to an
individual potentially eligible for publicly funded child
day-care
who is subsequently determined to be eligible, the
county
department agrees to pay for all child day-care provided
between
the date the county department receives the individual's
completed
application and the date the individual's eligibility
is
determined;
(4) Whether the county department of job and family
services, the provider, or a child day-care resource and referral
service
organization will make eligibility determinations, whether
the
provider or a child day-care resource and referral service
organization will be required to collect information to be used
by
the county department to make eligibility determinations, and
the
time period within which the provider or child day-care
resource
and referral service organization is required to
complete required
eligibility determinations or to transmit to
the county department
any information collected for the purpose
of making eligibility
determinations;
(5) That the provider, other than a border state child
day-care
provider or except as provided in divsion (B) of section 3301.37 of the Revised Code, shall continue to be licensed,
approved, or
certified pursuant to this chapter or sections
3301.52 to 3301.59
of the Revised Code and shall comply with all
standards and other
requirements in this chapter and those
sections and in rules
adopted pursuant to this chapter or those
sections for maintaining
the provider's license, approval, or
certification;
(6) That, in the case of a border state child day-care
provider, the
provider shall continue to be licensed, certified,
or otherwise approved by
the state in
which the provider is
located and shall comply with all standards and
other requirements
established by that state for maintaining the provider's
license,
certificate, or other approval;
(7) Whether the provider will be paid by the county
department of job and family services or the state
department of
job and family services;
(8) That the contract is subject to the availability of
state and federal funds.
(C) Unless specifically prohibited by federal law, the
county department of job and family services shall give
individuals
eligible for publicly funded child day-care the option
of
obtaining certificates for payment that the individual may use
to
purchase services from any provider qualified to provide
publicly
funded child day-care under section 5104.31 of the
Revised Code. Providers
of publicly funded child day-care may
present these
certificates for payment for reimbursement in
accordance with
rules that the director of job and
family services
shall adopt. Only
providers may receive reimbursement for
certificates for payment. The value
of
the certificate for
payment shall be based on the
lower of the rate customarily
charged by the provider or the
rate of reimbursement established
pursuant to section
5104.30 of the Revised Code, unless the
provider provides
publicly funded child day-care to caretaker
parents who work
nontraditional hours, in which case the value of
the certificate
for payment for the services to those caretaker
parents shall be
based on the rate of reimbursement established
pursuant to that
section regardless of whether that rate is higher
than the rate
customarily charged by the provider. The county
department may provide the
certificates for payment to the
individuals or may contract with
child day-care providers or child
day-care resource and referral
service organizations that make
determinations of eligibility for
publicly funded child day-care
pursuant to contracts entered into
under section 5104.34 of the
Revised Code for the providers or
resource and referral service
organizations to provide the
certificates for payment to
individuals whom they determine are
eligible for publicly funded
child day-care.
For each six-month period a provider of publicly funded child
day-care
provides publicly funded child day-care to the child of
an individual given
certificates of payment, the individual shall
provide the provider
certificates for days the provider would have
provided publicly funded child day-care to the child had the child
been
present. County departments shall specify the maximum number
of days
providers will be provided certificates of payment for
days the provider would
have provided publicly funded child
day-care had the child been present. The
maximum number of days
shall
not exceed ten
days in a six-month period during
which
publicly funded child day-care is provided to the child
regardless
of the
number of providers that provide publicly funded
child
day-care to the child during that period.
Sec. 5104.42. The director of
job and family
services
shall
adopt rules pursuant to section 111.15 of the Revised Code
establishing
a payment
procedure for publicly funded child
day-care. The rules may provide that the
department of job and
family services will either
reimburse county departments of job
and
family
family services
for payments made to providers of
publicly funded child day-care or make
direct payments to
providers pursuant to an a fiscal agreement entered into with a
county
board of commissioners pursuant to section 5101.21 of the Revised
Code.
Alternately, the director, by rule adopted in
accordance with
section 111.15 of the Revised Code, may establish a
methodology
for allocating
among the county departments the state and federal
funds appropriated for all publicly funded child day-care
services. If the
department chooses to allocate funds for
publicly funded
child day-care, it may provide the funds to each
county
department, up to
the limit of the county's allocation, by
advancing the funds or reimbursing
county day-care expenditures.
The rules adopted under this section may
prescribe procedures for
making the advances or reimbursements. The rules may
establish a
method under which the department may determine which
county
expenditures for day-care services are allowable for use of
and
federal funds.
The rules may establish procedures that a county department
shall follow
when
the county department determines that its
anticipated future expenditures for
publicly funded child day-care
services will exceed the amount
of state and federal funds
allocated by the state department. The procedures
may include
suspending or limiting enrollment of new participants.
Sec. 5107.02. As used in this chapter:
(A)
"Adult" means an individual who is not a minor child.
(B)
"Assistance group" means a group of individuals treated
as
a unit for purposes of determining eligibility for and the
amount of assistance provided under Ohio works first.
(C)
"Custodian" means an individual who has legal custody, as
defined in section 2151.011 of the Revised Code, of a minor child
or comparable status over a
minor child created by a court of
competent jurisdiction in another
state.
(D)
"Guardian" means an individual that is granted authority
by
a probate court pursuant to Chapter 2111. of the Revised Code,
or a court of
competent
jurisdiction in another state, to exercise
parental
rights over a minor child to the extent provided in the
court's order and
subject to residual parental rights of the minor
child's parents.
(E)
"Minor child" means either of the following:
(1) An individual who has not attained age eighteen;
(2) An individual who has not attained age nineteen
and is a
full-time student in a secondary school or in the
equivalent level
of vocational or technical training.
(F)
"Minor head of household" means a minor child who is
either of the following:
(1) At Is married, at least six months pregnant, and a member of an
assistance group that does not include an adult;
(2) A Is married and is a parent of a child included in the same assistance
group that does not include
an adult.
(G)
"Ohio works first" means the program established by
this
chapter known as temporary assistance for needy families in
Title
IV-A.
(H)
"Payment standard" means the amount specified in rules
adopted under
section 5107.05 of the Revised Code that is the
maximum amount of cash
assistance an
assistance group may receive
under Ohio works first from state and
federal funds.
(I)
"Specified relative" means the following individuals
who
are age eighteen or older:
(1) The following individuals related by blood or
adoption:
(a) Grandparents, including grandparents with the
prefix
"great," "great-great," or
"great-great-great";
(c) Aunts, uncles, nephews, and nieces,
including such
relatives with the prefix
"great,"
"great-great," "grand," or
"great-grand";
(d) First cousins and first cousins once removed.
(2) Stepparents and stepsiblings;
(3) Spouses and former spouses of individuals
named in
division (I)(1) or (2) of this section.
(J)
"Title IV-A" or
"Title
IV-D" means Title IV-A or
Title
IV-D of the
"Social
Security Act," 49 Stat. 620 (1935), 42
U.S.C.
301, as amended.
Sec. 5107.30. (A) As used in this section:
(1) "LEAP program" means the learning, earning, and
parenting program.
(2) "Teen" means a participant of Ohio works
first who is under age twenty
eighteen or is age eighteen and in school and is a natural or adoptive parent or is pregnant.
(3) "School" means an educational program that is designed
to lead to the attainment of a high school diploma or the
equivalent of a high school diploma.
(B) The director of job and
family services may adopt rules under
section 5107.05 of the Revised Code, to the extent that
such rules
are consistent with federal law, to do all of the following:
(1) Define "good cause" and "the equivalent of a high
school diploma" for the purposes of this section;
(2) Conduct one or more special demonstration programs
a program titled the "LEAP program" and establish requirements
governing
the program. The purpose of the LEAP program is to encourage
teens to complete school.
(3) Require every teen who is subject to LEAP program
requirements to attend school in accordance with the requirements
governing the program unless the teen shows good cause for not
attending school. The department shall provide, in addition to
the cash assistance payment provided under Ohio works
first,
an incentive payment, in an amount determined by the department,
to every teen who is participating in the LEAP program and
attends school in accordance with the requirements governing the
program. The department shall reduce the cash assistance
payment, in an
amount determined by the department, under Ohio works first to
every teen
participating in the LEAP program who
fails or refuses, without good cause, to attend school in
accordance with meet the requirements governing the program.
(4) Require every teen who is subject to LEAP program
requirements to enter into a written agreement with the county department of
job and family services that provides all of the
following:
(a) The teen, to be eligible to receive the incentive
payment under division (B)(3) of this section, must attend school
in accordance with meet the requirements of the LEAP program;.
(b) The county department will provide the incentive
payment to the teen if the teen attends school; meets the requirements of the LEAP program.
(c) The county department will reduce the cash assistance
payment under Ohio works
first if the teen fails or
refuses without good cause to attend school in accordance with the requirements
governing the LEAP program.
(5) Evaluate the demonstration programs established under
this section. In conducting the evaluations, the
department of job and family services shall select control
groups of teens
who are otherwise subject to the LEAP program requirements.
(C) A teen minor head of household who is participating in the LEAP program
shall be considered to be participating in a work activity
for
the purpose of sections 5107.40 to
5107.69 of the Revised Code. However, the teen minor head of household is not
subject to the
requirements or sanctions of
those sections, unless the teen is
over age eighteen and meets the LEAP program requirements by
participating regularly in work activities,
developmental activities, or
alternative work
activities under those sections.
(D) Subject to the availability of funds, county departments of job and family services shall provide for LEAP participants to receive support services the county department determines to be necessary for LEAP participation. Support services may include publicly funded child day-care under Chapter 5104. of the Revised Code, transportation, and other services.
Sec. 5107.37. An (A) Except as provided in division (B) of this section, an individual who resides in a county home,
city infirmary, jail, or other public institution is not eligible
to participate in Ohio
works first.
(B) Division (A) of this section does not apply to a minor child residing with the minor child's mother who participates in a prison nursery program established under section 5120.65 of the Revised Code.
Sec. 5107.40. As used in sections 5107.40 to 5107.69 of the Revised Code:
(A) "Alternative work
activity" means an activity designed to promote self sufficiency
and personal responsibility established by a county department of
job and family services under
section 5107.64 of the Revised Code.
(B) "Developmental activity" means an activity designed to
promote self sufficiency and personal responsibility established
by a county department of job and family services under
section 5107.62
of the Revised Code.
(C) "High school
equivalence diploma" means a diploma attesting to achievement of
the equivalent of a high school education as measured by scores
obtained on the tests of general educational development
published by the American
council on education. "High school equivalence diploma"
includes a certificate of high school equivalence issued
prior to January 1, 1994,
attesting to the achievement of the equivalent of a high school
education as measured by scores obtained on tests of general
educational development.
(D) "Work activity"
means the following:
(1) Unsubsidized employment activities established under
section 5107.60 of the Revised
Code;
(2) The subsidized employment program established under
section 5107.52 of the Revised
Code;
(3) The work experience program established under section
5107.54 of the Revised
Code;
(4) On-the-job training activities established under
section 5107.60 of the Revised
Code;
(5) The job search and readiness program established
under section 5107.50 of the
Revised
Code;
(6) Community service activities established under
section 5107.60 of the Revised
Code;
(7) Vocational educational training activities
established under section 5107.60 of the
Revised
Code;
(8) Jobs skills training activities established under
section 5107.60 of the Revised
Code that are directly related
to employment;
(9) Education activities established under section
5107.60 of the Revised
Code that are directly related
to employment for participants of Ohio works first who have
not earned a high school diploma or high school equivalence
diploma;
(10) Education activities established under section
5107.60 of the Revised
Code for participants of Ohio works first
who have not completed secondary school or
received a high school equivalence diploma under which the
participants attend a secondary school or a course of study
leading to a high school equivalence diploma;
(11) Child-care service activities, including training, established under
section 5107.60 of the Revised Code to aid another
participant of Ohio works first assigned to a community service
activity or other work activity;
(12) The education program established under section
5107.58 of the Revised
Code that are operated pursuant
to a federal waiver granted by the
United
States secretary of health and
human services pursuant to a request made under former section
5101.09 of the Revised
Code;
(13) Except as limited To the extent provided by division (C) of section 5107.30 of the
Revised Code, the
LEAP program established under
that section.
Sec. 5107.60. In accordance with Title
IV-A, federal
regulations, state law, the Title
IV-A state plan prepared
under
section 5101.80 of the Revised
Code, and amendments to the plan,
county departments of
job and family services shall establish and
administer the
following work
activities, in addition to the work
activities established under
sections 5107.50, 5107.52, 5107.54,
and 5107.58 of the
Revised Code, for minor heads of
households and
adults participating in Ohio works first:
(A) Unsubsidized
employment activities, including activities
a county department determines are
legitimate entrepreneurial
activities;
(B) On-the-job training
activities, including training to
become an employee of a
child day-care center or type A
family
day-care home, authorized provider of a certified type
B family
day-care home, or in-home aide;
(C) Community service
activities including
a program under
which a participant of Ohio works first who is the
parent,
guardian, custodian, or
specified relative responsible for the
care of a
minor child enrolled in grade twelve or lower is
involved in the minor child's
education on a regular basis;
(D) Vocational educational training activities;
(E) Jobs skills training
activities that are directly
related to employment;
(F) Education activities
that are directly related to
employment for participants who
have not earned a high school
diploma or high school equivalence
diploma;
(G) Education activities
for participants who have not
completed secondary school or
received a high school equivalence
diploma under which the
participants attend a secondary school or
a course of study
leading to a high school equivalence diploma, including LEAP participation by a minor head of household;
(H) Child-care service
activities aiding another participant
assigned to a community
service activity or other work activity.
A county department may provide for
a participant assigned to this
work activity to receive training necessary to
provide child-care
services.
Sec. 5108.01. As used in this chapter:
(A)
"Assistance group"
means a group of individuals treated
as a unit for purposes of
determining eligibility for the
prevention, retention, and
contingency program
"County family services planning committee" means the county family services planning committee established under section 329.06 of the Revised Code or the board created by consolidation under division (C) of section 6301.06 of the Revised Code.
(B)
"Prevention,
retention, and contingency program" means
the program
established by this chapter and funded in part with
federal
funds provided under Title IV-A.
(C)
"Title IV-A" means Title IV-A of the
"Social
Security
Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended.
Sec. 5108.03. Under the prevention, retention, and
contingency
program,
a each county department of job and family
services shall
provide do both of the following in accordance with the statement of policies the county department develops under section 5108.04 of the Revised Code:
(A) Provide benefits and services
that individuals
need to overcome
immediate barriers to
achieving or maintaining
self sufficiency and
personal
responsibility;
(B) Perform related administrative duties.
A county department
shall provide the benefits and
services in accordance with either
the model design for the
program that the department of job and
family services develops
under section 5108.05 of the Revised Code
or the county
department's own policies for the program developed
under section
5108.06 of the Revised Code.
Sec. 5108.06 5108.04. Each county department of job and
family
services shall either adopt the
model design
for a written statement of policies governing the
prevention,
retention, and contingency program the
department of
job and
family services
develops under
section
5108.05 of
the Revised
Code or develop
its own policies for the program county. To
develop its
own
policies, a county department shall adopt a
written statement
of
the policies governing the program. The
policies may be a
modification of the model design, different from
the model
design,
or a combination.
The statement of policies shall be adopted not later than October 1, 2003, and shall be updated at least every two years thereafter. A
county
department may amend its statement of
policies to modify,
terminate, and establish new policies. The county director of job and family services shall sign and date the statement of policies and any amendment to it. Neither the statement of policies nor any amendment to it may have an effective date that is earlier than the date of the county director's signature.
A Each county department of job and family services shall inform
provide the
department of job and family services of
whether it has
adopted the model design or developed its own
policies for the
prevention, retention, and contingency
program. If a county
department develops its own policies, it
shall provide the
department a written copy of the
statement of policies and any
amendments it adopts to the
statement not later than ten calendar days after the statement or amendment's effective date.
Sec. 5108.07 5108.05.
The model design for the prevention,
retention, and contingency program that the department of job and
family services develops under section 5108.05 of the Revised Code
and policies for the program that a county department of job and
family services may develop under section 5108.06 of the Revised
Code shall establish In adopting a statement of policies under section 5108.04 of the Revised Code for the county's prevention, retention, and contingency program, each county department of job and family services shall do all of the following:
(A) Establish or specify eligibility requirements for
assistance groups that apply for the program under section 5108.10
of the Revised Code, benefits all of the following:
(1) Benefits and services to be provided under
the program to assistance groups, administrative that are allowable uses of federal Title IV-A funds under 42 U.S.C. 601 and 604(a), except that they may not be "assistance" as defined in 45 C.F.R. 260.31(a) but rather benefits and services that 45 C.F.R. 260.31(b) excludes from the definition of assistance;
(2) Restrictions on the amount, duration, and frequency of the benefits and services;
(3) Eligibility requirements for the benefits and services;
(4) Fair and equitable procedures for both of the following:
(a) The certification of eligibility for the benefits and services that do not have a financial need eligibility requirement;
(b) The determination and verification of eligibility for the benefits and services that have a financial need eligibility requirement.
(5) Objective criteria for the delivery of the benefits and services;
(6) Administrative requirements, and
other;
(7) Other matters the department, in the case of the model design, or
a county department, in the case of county policies, determine determines are
necessary.
The model design and a county department's policies may
establish eligibility requirements for, and specify benefits and
services to be provided to, types of groups, such as students in
the same class, that share a common need for the benefits and
services. If the model design or a county department's policies
include such a provision, the model design or county department's
policies shall require that each individual who is to receive the
benefits and services meet the eligibility requirements
established for the type of group of which the individual is a
member. The model design or county department's policies also
shall require that the county department providing the benefits
and services certify the group's eligibility, specify the duration
that the group is to receive the benefits and services, and
maintain the eligibility information for each member of the group
receiving the benefits and services.
The model design and a county department's policies may
specify benefits and services that a county department may provide
for the general public, including billboards that promote the
prevention, and reduction in the incidence, of out-of-wedlock
pregnancies or encourage the formation and maintenance of
two-parent families.
The model design and a county department's policies must be
consistent with (B) Provide for the statement of policies to be consistent with all of the following:
(1) The plan of cooperation the board of county commissioners develops under section 307.983 of the Revised Code;
(2) The review and analysis of the county family services committee conducted in accordance with division (B)(2) of section 329.06 of the Revised Code;
(3) Title IV-A, federal regulations, state law, the
Title IV-A state plan submitted to the United States secretary of
health and human services under section 5101.80 of the Revised
Code, and amendments to the plan. All benefits and services to be
provided under the model design or a county department's policies
must be allowable uses of federal Title IV-A funds as specified in
42 U.S.C.A. 604(a), except that they may not be
"assistance" as
defined in 45 C.F.R. 260.31(a). The benefits and services shall
be benefits and services that 45 C.F.R. 260.31(b) excludes from
the
definition of assistance.
(C) Either provide the public and local government entities at least thirty days to submit comments on, or have the county family services planning committee review, the statement of policies, including the design of the county's prevention, retention, and contingency program, before the county director signs and dates the statement of policies.
Sec. 5108.06. In adopting a statement of policies under section 5108.04 of the Revised Code for the county's prevention, retention, and contingency program, a county department of job and family services may specify both of the following:
(A) Benefits and services to be provided under the program that prevent and reduce the incidence of out-of-wedlock pregnancies or encourage the formation and maintenance of two-parent families as permitted by 45 C.F.R. 260.20(c) and (d);
(B) How the county department will certify individuals' eligibility for such benefits and services.
Sec. 5108.07. (A) Each statement of policies adopted under section 5108.04 of the Revised Code shall include the board of county commissioners' certification that the county department of job and family services complied with this chapter in adopting the statement of policies.
(B) The board of county commissioners shall revise its certification under division (A) of this section if an amendment to the statement of policies that the board considers to be significant is adopted under section 5108.04 of the Revised Code.
Sec. 5108.09. When a state hearing
under division (B) of
section
5101.35 of the Revised
Code or an administrative
appeal
under division (C) of
that section is held regarding the
prevention, retention, and
contingency program, the hearing
officer, director of job and
family services, or director's
designee shall base the decision in the
hearing or appeal on the
following:
(A) If the county department of job and family services
involved
in the hearing or appeal adopted the department of
job
and family services' model design for the program developed under
section
5108.05 of the Revised Code,
the model design;
(B) If the county department developed its own policies
for
the program, the county department's department of job and family services' written statement of
policies
adopted under
section
5108.06 5108.04 of the Revised Code and any
amendments the county department adopted to the statement if the county department provides a copy of the statement of policies and all amendments to the hearing officer, director, or director's designee at the hearing or appeal.
Sec. 5108.10. An assistance group seeking to participate
in
the prevention, retention, and contingency program shall
apply to
a county department of job and family services
using Eligibility for a benefit or service under a county's prevention, retention, and contingency program shall be certified in accordance with the statement of policies adopted under section 5108.04 of the Revised Code if the benefit or service does not have a financial need eligibility requirement.
Eligibility for a benefit or service shall be determined in accordance with the statement of policies and based on an
application containing information
the county department of job and family services requires.
When if the benefit or service has a financial need eligibility requirement. When a county department receives an application for
participation in the prevention, retention, and contingency
program such benefits and services, it shall promptly make an investigation and record of
the
circumstances of the applicant in order to ascertain follow verification procedures established by the statement of policies to verify the
facts
surrounding the application and to obtain such other
information
as may be required. On completion of the
investigation verification procedure, the
county department shall determine whether the
applicant is
eligible to participate, for the
benefits or services
the
applicant
should receive, and the approximate date when
participation is the benefits or services are to
begin.
Sec. 5108.11. (A) To the extent permitted by section 307.982 of the Revised Code, a board of county commissioners may enter into a written contract with a private or government entity for the entity to do either or both of the following for the county's prevention, retention, and contingency program:
(1) Certify eligibility for benefits and services that do not have a financial need eligibility requirement;
(2) Accept applications and determine and verify eligibility for benefits and services that have a financial need eligibility requirement.
(B) If a board of county commissioners enters into a contract under division (A) of this section with a private or government entity, the county department of job and family services shall do all of the following:
(1) Ensure that eligibility for benefits and services is certified or determined and verified in accordance with the statement of policies adopted under section 5108.04 of the Revised Code;
(2) Ensure that the private or government entity maintains all records that are necessary for audits;
(3) Monitor the private or government entity for compliance with Title IV-A, this chapter of the Revised Code, and the statement of policies;
(4) Take actions that are necessary to recover any funds that are not spent in accordance with Title IV-A or this chapter of the Revised Code.
Sec. 5108.12. Each county department of job and family services is responsible for funds expended or claimed under the county's prevention, retention, and contingency program that the department of job and family services, auditor of state, United States department of health and human services, or other government entity determines is expended or claimed in a manner that federal or state law or policy does not permit.
Sec. 5111.019. (A) The If sufficient funds are appropriated by the general assembly, the director of job and family
services
shall may submit
to the United States secretary of health and human
services
an
amendment to the state medicaid plan to make an
individual who meets all of
the following requirements eligible
for medicaid for the
amount of time provided by division (B) of
this section:
(1) The individual is the parent of a child under nineteen
years
of age and resides with the child;
(2) The individual's family income does not exceed one
hundred
per cent of the federal poverty guidelines;
(3) The individual is not otherwise eligible for medicaid;
(4) The individual satisfies all relevant requirements
established by rules adopted under division (D) of section 5111.01
of the Revised Code.
(B) An individual is eligible to receive medicaid under this
section for a period that does not exceed two years beginning on
the date
on which eligibility is established.
(C) If approved by the United States secretary
of health and
human services and the director of job and family
services, the
director
shall implement the medicaid plan amendment submitted
under this
section not sooner than July 1, 2000. If a federal
waiver is
necessary for the United States secretary to approve the
amendment, the director of job and family services shall
submit a
waiver request
to the United States secretary not later than
ninety days
after
the effective date of this section.
Sec. 5111.0112. The director of job and family services
shall
examine instituting a copayment program under medicaid. As
part
of the examination, the director shall determine which groups
of
medicaid recipients may be subjected to a copayment requirement
under federal statutes and regulations and which of those groups
are
appropriate for a copayment program designed to reduce
inappropriate and excessive use of medical goods and services. If,
on
completion of the examination, the director determines that it
is feasible to institute such a copayment program, the director
may seek approval from the United States secretary of health and
human services to institute the copayment program. If necessary,
the director may seek approval by applying for a waiver of federal
statutes and regulations. If such approval is obtained, the
director shall adopt rules in
accordance with Chapter 119. of the
Revised Code governing the
copayment program.
Sec. 5111.0113. Children who are in the temporary or permanent custody of a certified public or private nonprofit agency or institution or in adoptions subsidized under division (B) of section 5153.163 of the Revised Code are eligible for medical assistance through the medicaid program established under section 5111.01 of the Revised Code.
Sec. 5111.02. (A) Under the medical assistance program:
(1)
Except as otherwise permitted by federal
statute or
regulation and at the department's discretion,
reimbursement by
the department of job and family
services to a
medical provider
for any medical service rendered under the
program shall not
exceed the authorized reimbursement level for
the same service
under the medicare program established under
Title XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as
amended.
(2) Reimbursement for freestanding medical laboratory
charges shall not exceed the customary and usual fee for
laboratory profiles.
(3) The department may deduct from payments for services
rendered by a medicaid provider under the medical assistance
program any amounts the provider owes the state as the result of
incorrect medical assistance payments the department has made to
the provider.
(4) The department may conduct final fiscal audits in
accordance with the applicable requirements set forth in federal
laws and regulations and determine any amounts the provider may
owe the state. When conducting final fiscal audits, the
department shall consider generally accepted auditing standards,
which include the use of statistical sampling.
(5)
The number of days of inpatient hospital care for
which
reimbursement is made on behalf of a recipient of medical
assistance to a hospital that is not paid under a
diagnostic-related-group prospective payment system shall not
exceed thirty days during a period beginning on the day of the
recipient's admission to the hospital and ending sixty days after
the termination of that hospital stay, except that the department
may make exceptions to this limitation. The limitation does not
apply to children participating in the program for medically
handicapped children established under section 3701.023 of the
Revised Code.
(B) The director of job and family services may adopt,
amend, or
rescind rules under Chapter 119. of the Revised Code
establishing
the amount, duration, and scope of medical services
to be
included in the medical assistance program. Such rules
shall
establish the conditions under which services are covered
and
reimbursed, the method of reimbursement applicable to each
covered service, and the amount of reimbursement or, in lieu of
such amounts, methods by which such amounts are to be determined
for each covered service. Any rules that pertain to nursing
facilities or intermediate care facilities for the mentally
retarded shall be consistent with sections 5111.20 to 5111.33 of
the Revised Code.
(C) No health insuring corporation
that has a contract
to
provide health care services to recipients of medical
assistance
shall restrict the availability to its enrollees of
any
prescription drugs included in the Ohio medicaid drug
formulary as
established under rules adopted by the
director.
(D) The division of any reimbursement between a
collaborating
physician or podiatrist and a clinical nurse
specialist, certified
nurse-midwife, or certified nurse
practitioner for services performed by the
nurse shall be
determined and agreed on by the nurse and collaborating
physician
or podiatrist. In no case shall reimbursement exceed the payment
that the physician or podiatrist would have received had the
physician or
podiatrist provided the entire
service.
Sec. 5111.021. Under the medical assistance program, any
amount determined to be owed the state by a final fiscal audit
conducted pursuant to division (A)(4) of section 5111.02 of the
Revised Code, upon the issuance of an adjudication order pursuant
to Chapter 119. of the Revised Code that contains a finding that
there is a preponderance of the evidence that the provider will
liquidate assets or file bankruptcy in order to prevent payment
of the amount determined to be owed the state, becomes a lien
upon the real and personal property of the provider. Upon
failure of the provider to pay the amount to the state, the
director of job and family services shall file notice of the lien, for
which there shall be no charge, in the office of the county
recorder of the county in which it is ascertained that the
provider owns real or personal property. The director shall
notify the provider by mail of the lien, but absence of proof
that the notice was sent does not affect the validity of the
lien. The lien is not valid as against the claim of any
mortgagee, pledgee, purchaser, judgment creditor, or other
lienholder of record at the time the notice is filed.
If the provider acquires real or personal property after
notice of the lien is filed, the lien shall not be valid as
against the claim of any mortgagee, pledgee, subsequent bona fide
purchaser for value, judgment creditor, or other lienholder of
record to such after-acquired property unless the notice of lien
is refiled after the property is acquired by the provider and
before the competing lien attaches to the after-acquired property
or before the conveyance to the subsequent bona fide purchaser
for value.
When the amount has been paid, the provider may record with
the recorder notice of the payment. For recording such notice of
payment, the recorder shall charge and receive from the provider
a base fee of one dollar for services and a housing trust fund fee of one dollar pursuant to section 317.36 of the Revised Code.
In the event of a distribution of a provider's assets
pursuant to an order of any court under the law of this state
including any receivership, assignment for benefit of creditors,
adjudicated insolvency, or similar proceedings, amounts then or
thereafter due the state under this chapter have the same
priority as provided by law for the payment of taxes due the
state and shall be paid out of the receivership trust fund or
other such trust fund in the same manner as provided for claims
for unpaid taxes due the state.
If the attorney general finds after investigation that any
amount due the state under this chapter is uncollectable, in
whole or in part, the attorney general shall recommend to the
director the cancellation of all or part of the claim. The director may
thereupon effect the cancellation.
Sec. 5111.022. (A) As used in this section:
(1) "Community mental health facility" means a community mental health facility that has a quality assurance program accredited by the joint commission on accreditation of healthcare organizations or is certified by the department of mental health or department of job and family services.
(2) "Mental health professional" means a person qualified to work with mentally ill persons under the standards established by the director of mental health pursuant to section 5119.611 of the Revised Code.
(B) The state medicaid plan for providing medical
assistance under Title XIX of the "Social Security Act," 49
Stat.
620, 42 U.S.C.A. 301, as amended, shall include provision of the
following mental health services when provided by community mental health facilities
described in division (B) of this section:
(1) Outpatient mental health services, including, but not
limited to, preventive, diagnostic, therapeutic, rehabilitative,
and palliative interventions rendered to individuals in an
individual or group setting by a mental health professional in
accordance with a plan of treatment appropriately established,
monitored, and reviewed;
(2) Partial-hospitalization mental health services of
three
to fourteen hours per service day, rendered by persons
directly
supervised by a mental health professional;
(3) Unscheduled, emergency mental health services of a
kind
ordinarily provided to persons in crisis when rendered by
persons
supervised by a mental health professional;
(4) Subject to receipt of federal approval, assertive community treatment and intensive home-based mental health services.
(B) Services shall be included in the state plan only when
provided by community mental health facilities that have quality
assurance programs accredited by the joint commission on
accreditation of healthcare organizations or certified by the
department of mental health or department of job and
family
services.
(C) The comprehensive annual plan shall certify the
availability of sufficient unencumbered community mental health
state subsidy and local funds to match Title XIX federal medicaid reimbursement
funds earned by the community mental health facilities. Reimbursement for eligible
services shall be based on the prospective cost of providing the
services as developed in standards adopted as part of the
comprehensive annual plan.
(D) As used in this section, "mental health professional"
means a person qualified to work with mentally ill persons under
the
standards established by the director of mental
health
pursuant to section
5119.611 of the Revised Code.
(E) With respect to services established by division (A)
of
this section, the The department of job and family services
shall
enter
into a separate contract with the department of mental
health under section 5111.91 of the Revised Code with regard to the component of the medicaid program provided for by this section.
The terms of the contract between the department of job
and
family
services and the department of mental health shall
specify
both of the following:
(1) That the department of mental health and boards of
alcohol, drug
addiction, and mental health services shall provide
state and
local matching funds for Title XIX of the "Social
Security Act,"
for reimbursement of services established by
division (A) of this
section;
(2) How the community mental health facilities described in
division
(B) of this section will be paid for providing the
services
established by division (A) of this section.
(E) Not later than May 1, 2004, the department of job and family services shall request federal approval to provide assertive community treatment and intensive home-based mental health services under medicaid pursuant to this section.
(F) On receipt of federal approval sought under division (F) of this section, the director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code establishing statewide access and acuity standards for partial hospitalization, mental health services and assertive community treatment and intensive home-based mental health services provided under medicaid pursuant to this section. The director shall consult with the department of mental health in adopting the rules.
Sec. 5111.025. (A) In rules adopted under section 5111.02 of the Revised Code, the director of job and family services may modify the manner or establish a new manner in which the following are paid under medicaid:
(1) Community mental health facilities for providing mental health services included in the state medicaid plan pursuant to section 5111.022 of the Revised Code;
(2) Providers of alcohol and drug addiction services for providing alcohol and drug addiction services included in the medicaid program pursuant to rules adopted under section 5111.02 of the Revised Code.
(B) The director's authority to modify the manner, or to establish a new manner, for medicaid to pay for the services specified in division (A) of this section is not limited by any rules adopted under section 5111.02 or 5119.61 of the Revised Code that are in effect on the effective date of this section and govern the way medicaid pays for those services. This is the case regardless of what state agency adopted the rules.
Sec. 5111.03. (A) No provider of services or goods
contracting with the department of job and family services
pursuant to the
medicaid program shall, by deception, obtain or attempt to obtain
payments under this chapter to which the provider is not entitled
pursuant to the provider agreement, or the rules of the federal
government or the department of job and family
services relating to
the program. No provider shall willfully receive payments to
which the provider is not entitled, or willfully receive payments
in a greater amount than that to which the provider is entitled;
nor shall any provider falsify any report or document required by
state or federal law, rule, or provider agreement relating to
medicaid payments. As used in this section, a provider engages
in "deception" when the provider, acting with actual knowledge of
the representation or information involved, acting in deliberate
ignorance of the truth or falsity of the representation or
information involved, or acting in reckless disregard of the
truth or falsity of the representation or information involved,
deceives another or causes another to be deceived by any false or
misleading representation, by withholding information, by
preventing another from acquiring information, or by any other
conduct, act, or omission that creates, confirms, or perpetuates
a false impression in another, including a false impression as to
law, value, state of mind, or other objective or subjective fact.
No proof of specific intent to defraud is required to show, for
purposes of this section, that a provider has engaged in
deception.
(B) Any provider who violates division (A) of this section
shall be liable, in addition to any other penalties provided by
law, for all of the following civil penalties:
(1) Payment of interest on the amount of the excess
payments at the maximum interest rate allowable for real estate
mortgages under section 1343.01 of the Revised Code on the date
the payment was made to the provider for the period from the date
upon which payment was made, to the date upon which repayment is
made to the state;
(2) Payment of an amount equal to three times the amount
of any excess payments;
(3) Payment of a sum of not less than five thousand
dollars and not more than ten thousand dollars for each deceptive
claim or falsification;
(4) All reasonable expenses which the court determines
have been necessarily incurred by the state in the enforcement of
this section.
(C) In As used in this division, "intermediate care facility for the mentally retarded" and "nursing facility" have the same meanings given in section 5111.20 of the Revised Code.
In addition to the civil penalties provided in
division (B) of this section, the director of job and family services,
upon the conviction of, or the entry of a judgment in either a
criminal or civil action against, a medicaid provider or its
owner, officer, authorized agent, associate, manager, or employee
in an action brought pursuant to section 109.85 of the Revised
Code, shall terminate the provider agreement between the
department and the provider and stop reimbursement to the
provider for services rendered for a period of up to five years
from the date of conviction or entry of judgment. As used in
this chapter, "owner" means any person having at least five per
cent ownership in the medicaid provider. No such provider,
owner, officer, authorized agent, associate, manager, or employee
shall own or provide services to any other medicaid provider or
risk contractor or arrange for, render, or order services for
medicaid recipients during the period of termination as provided
in division (C) of this section, nor, during the period of
termination as provided in division (C) of this section, shall
such provider, owner, officer, authorized agent, associate, manager, or
employee receive reimbursement in the form of direct payments from the
department or indirect payments of medicaid funds in the form of
salary, shared fees, contracts, kickbacks, or rebates from or
through any participating provider or risk contractor. The
provider agreement shall not be terminated or reimbursement
terminated if the provider or owner can demonstrate that the
provider or owner did not directly or indirectly sanction the
action of its authorized agent, associate, manager, or employee
that resulted in the conviction or entry of a judgment in a
criminal or civil action brought pursuant to section 109.85 of
the Revised Code. Nothing in this division prohibits any owner,
officer, authorized agent, associate, manager, or employee of a
medicaid provider from entering into a medicaid provider
agreement if the person can demonstrate that the
person had no knowledge of an action of the medicaid provider
the person was formerly associated with that resulted in the conviction
or entry of a judgment in a criminal or civil action brought pursuant to
section 109.85 of the Revised Code.
Providers subject to sections 5111.20 to 5111.32 of the
Revised Code Nursing facility or intermediate care facility for the mentally retarded providers whose agreements are terminated pursuant to this
section may continue to receive reimbursement for up to thirty
days after the effective date of the termination if the provider
makes reasonable efforts to transfer recipients to another
facility or to alternate care and if federal funds are provided
for such reimbursement.
(D) Any provider of services or goods contracting with the
department of job and family services pursuant to Title XIX of the
"Social
Security Act," who, without intent, obtains payments under this
chapter in excess of the amount to which the provider is
entitled, thereby becomes liable for payment of interest on the
amount of the excess payments at the maximum real estate mortgage
rate on the date the payment was made to the provider for the
period from the date upon which payment was made to the date upon
which repayment is made to the state.
(E) The attorney general on behalf of the state may
commence proceedings to enforce this section in any court of
competent jurisdiction; and the attorney general may settle or
compromise any case brought under this section with the approval
of the department of job and family services. Notwithstanding any other
provision of law providing a shorter period of limitations, the
attorney general may commence a proceeding to enforce this
section at any time within six years after the conduct in
violation of this section terminates.
(F) The authority, under state and federal law, of the
department of job and family services or a county
department of job and family services to recover excess
payments made to a provider is not
limited by the availability of remedies under sections 5111.11
and 5111.12 of the Revised Code for recovering benefits paid on
behalf of recipients of medical assistance.
The penalties under this chapter apply to any overpayment,
billing, or falsification occurring on and after April 24, 1978.
All moneys collected by the state pursuant to this section shall
be deposited in the state treasury to the credit of the general
revenue fund.
Sec. 5111.06. (A)(1) As used in this section:
(a)
"Provider" means any person, institution, or entity
that
furnishes medicaid services under a provider agreement with
the
department of job and family services pursuant to Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended.
(b)
"Party" has the same meaning as in division (G) of
section 119.01 of the Revised Code.
(c)
"Adjudication" has the same meaning as in division (D)
of section 119.01 of the Revised Code.
(2) This section does not apply to any action taken by the
department of job and family services under sections 5111.35 to
5111.62
of
the Revised Code.
(B) Except as provided in division (D) of this section,
the
department shall do either of the following by issuing an
order
pursuant to an adjudication conducted in accordance with
Chapter
119. of the Revised Code:
(1) Enter into or refuse to enter into a provider
agreement
with a provider, or suspend, terminate, renew, or
refuse to renew
an existing provider agreement with a provider;
(2) Take any action based upon a final fiscal audit of a
provider.
(C) Any party who is adversely affected by the issuance of
an adjudication order under division (B) of this section may
appeal to the court of common pleas of Franklin county in
accordance with section 119.12 of the Revised Code.
(D) The department is not required to comply with division
(B)(1) of this section whenever any of the following occur:
(1) The terms of a provider agreement require the provider
to have a license, permit, or certificate issued by an official,
board, commission, department, division, bureau, or other agency
of state government other than the department of job and family
services,
and the license, permit, or certificate has been denied
or
revoked.
(2) The provider agreement is denied, terminated, or not
renewed pursuant to division (C) or (E) of section 5111.03 of the
Revised Code;
(3) The provider agreement is denied, terminated, or not
renewed due to the provider's termination, suspension, or
exclusion from the medicare program established under Title XVIII
of the
"Social Security Act," and the termination, suspension, or
exclusion is binding on the provider's participation in the
medicaid program;
(4) The provider agreement is denied, terminated, or not
renewed due to the provider's pleading guilty to or being
convicted of a criminal activity materially related to either the
medicare or medicaid program;
(5) The provider agreement is denied, terminated, or
suspended as a result of action by the United States department
of
health and human services and that action is binding on the
provider's participation in the medicaid program.
(E) The department may withhold payments for services
rendered by a medicaid provider under the medical assistance
program during the pendency of proceedings initiated under
division (B)(1) of this section. If the proceedings are
initiated
under division (B)(2) of this section, the department
may withhold
payments only to the extent that they equal amounts
determined in
a final fiscal audit as being due the state. This
division does
not apply if the department fails to comply with
section 119.07 of
the Revised Code, requests a continuance of the
hearing, or does
not issue a decision within thirty days after
the hearing is
completed. This division does not apply to
nursing facilities and
intermediate care facilities for the
mentally retarded subject to
sections as defined in section 5111.20 to 5111.32 of the
Revised Code.
Sec. 5111.08 5111.071. Commencing in December, 1986, and every second December
thereafter, the director of job and family services shall
establish a dispensing fee,
effective the following January, for licensed pharmacists who are providers
under this chapter. The dispensing fee shall take into consideration the
results of the survey conducted under section 5111.07 of the Revised Code.
Sec. 5111.16 5111.08. In accordance with subsection (g) of section 1927
of the "Social
Security Act," 49 Stat. 320 (1935), 42 U.S.C.A. 1396r-8(g), as
amended, the
department of job and family services shall establish an outpatient drug
use review
program to assure that prescriptions obtained by recipients of
medical
assistance under this chapter are appropriate, medically
necessary, and
unlikely to cause adverse medical results.
Sec. 5111.111. As used in this section, "home and
community-based services" means services provided pursuant to a waiver under
section 1915 of the "Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.A. 1396n, as amended.
The department of job and family services may place a lien
against
the property of a medical assistance recipient or recipient's spouse,
other than a
recipient or spouse of a recipient of home and community-based services,
that the department may recover as part
of the program instituted under section 5111.11 of the Revised Code. When
medical assistance is paid on behalf of any person in
circumstances under
which federal law and regulations and this section permit the imposition of a
lien, the director of job and family services or a person designated by
the director may sign a certificate to the effect. The county department of
job and family services shall file for recording and
indexing the certificate,
or a
certified copy, in the real estate mortgage records in the office
of the county recorder in every county in which real property of
the recipient or spouse is situated. From the time of filing the
certificate in the office of the county recorder, the lien
attaches to all real property of the recipient or spouse
described therein for all amounts of aid which are paid or which thereafter are
paid, and shall remain a lien until satisfied.
Upon filing the certificate in the office of the recorder,
all persons are charged with notice of the lien and the rights of
the department of job and family services thereunder.
The county recorder shall keep a record of every
certificate filed showing its date, the time of filing, the name
and residence of the recipient or spouse, and any release,
waivers, or satisfaction of the lien.
The priority of the lien shall be established in accordance with state and
federal law.
The department may waive the priority of its lien to
provide for the costs of the last illness as determined by the
department, administration, attorney fees, administrator fees, a
sum for the payment of the costs of burial, which shall be
computed by deducting from five hundred dollars whatever amount
is available for the same purpose from all other sources, and a
similar sum for the spouse of the decedent.
Sec. 5111.16. (A) As part of the medicaid program, the department of job and family services shall establish a care management system. The department shall submit, if necessary, applications to the United States department of health and human services for waivers of federal medicaid requirements that would otherwise be violated in the implementation of the system.
The department shall implement the care management system in some or all counties and shall designate the medicaid recipients who are required or permitted to participate in the system. Not later than July 1, 2004, the department shall include among the recipients designated for participation some of those who receive medicaid on the basis of being aged, blind, or disabled, as specified in division (A)(2) of section 5111.01 of the Revised Code.
(B) Under the care management system, the department may do the following:
(1) Require or permit participants in the system to obtain health care services from providers designated by the department;
(2) Require or permit participants in the system to obtain health care services through managed care organizations under contract with the department pursuant to section 5111.17 of the Revised Code;
(3) Establish any other requirements or procedures the department considers necessary for implementation of the system.
(C) The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code to implement this section.
Sec. 5111.17. (A)
On receipt of a waiver from the United
States
department
of health and human services of any federal
requirement that would
otherwise be violated, the The department of
job and
family services
may establish in
some or all
counties a
managed care system under which designated recipients
of
medical
assistance are required to obtain
health care
services from
providers
designated by the department.
(B) The department
may enter into contracts
with managed
care organizations to authorize, including health insuring corporations, under which the organizations are authorized to
provide, or
arrange for the provision of, health care services to
medical
assistance recipients
participating in a who are required or permitted to obtain health care services through managed care
organizations as part of the care management system
established under this
section 5111.16 of the Revised Code.
(C) For the purpose of determining the amount the
department
pays hospitals under section 5112.08 of the Revised
Code and the
amount of
disproportionate share hospital payments
paid by the
medicare program
established under Title XVIII of the
"Social
Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as
amended,
each managed care organization under
contract with the
department
to provide
hospital services to
participating medical
assistance
recipients shall keep detailed
records for each hospital with
which
it contracts about the cost
to the hospital of providing the
care, payments
made by the
organization to the hospital for the
care, utilization of
hospital
services by medical assistance
recipients participating in managed
care, and
other utilization
data required by the department.
(D)(B) The director of job and family services
may
adopt rules
in accordance with
Chapter 119. of the Revised Code to
implement
this section.
Sec. 5111.171. (A) The department of job and family services
may provide financial incentive awards to managed care
organizations that under contract with the department under pursuant to section
5111.17 of the Revised Code to provide health care services to
participating medical assistance recipients and that meet or
exceed performance standards specified in provider agreements or
rules adopted by the department. The department may specify in a
contract with a managed care organization the amounts of financial
incentive awards, methodology for distributing awards, types of
awards, and standards for administration by the department.
(B) There is hereby created in the state treasury the health
care compliance fund. The fund shall consist of all fines imposed
on and collected from managed care organizations for failure to
nmeet
meet performance standards or other requirements specified in
provider agreements or rules adopted by the
department. All
investment earnings of the fund shall be credited
to the fund.
Moneys credited to the fund shall be used solely for
the following
purposes:
(1) To reimburse managed care organizations that have paid
fines for failures to meet performance standards or other
requirements and that have come into compliance by meeting
requirements as specified by the department;
(2) To provide financial incentive awards established
pursuant to division (A) of this section and specified in
contracts between managed care organizations and the department.
Sec. 5111.172. When contracting under section 5111.17 of the Revised Code with a managed care organization that is a health insuring corporation, the department of job and family services may require the health insuring corporation to provide coverage of prescription drugs for medicaid recipients enrolled in the health insuring corporation. In providing the required coverage, the health insuring corporation may, subject to the department's approval, use strategies for the management of drug utilization.
Sec. 5111.173. The department of job and family services shall appoint a temporary manager for a managed care organization under contract with the department pursuant to section 5111.17 of the Revised Code if the department determines that the managed care organization has repeatedly failed to meet substantive requirements specified in section 1903(m) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396b(m), as amended; section 1932 of the Social Security Act, 42 U.S.C. 1396u-2, as amended; or 42 C.F.R. 438 Part I. The appointment of a temporary manager does not preclude the department from imposing other sanctions available to the department against the managed care organization.
The managed care organization shall pay all costs of having the temporary manager perform the temporary manager's duties, including all costs the temporary manager incurs in performing those duties. If the temporary manager incurs costs or liabilities on behalf of the managed care organization, the managed care organization shall pay those costs and be responsible for those liabilities.
The appointment of a temporary manager is not subject to Chapter 119. of the Revised Code, but the managed care organization may request a reconsideration of the appointment. Reconsiderations shall be requested and conducted in accordance with rules the director of job and family services shall adopt in accordance with Chapter 119. of the Revised Code.
The appointment of a temporary manager does not cause the managed care organization to lose the right to appeal, in accordance with Chapter 119. of the Revised Code, any proposed termination or any decision not to renew the managed care organization's medicaid provider agreement or the right to initiate the sale of the managed care organization or its assets.
In addition to the rules required to be adopted under this section, the director may adopt any other rules necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.174. The department of job and family services may disenroll some or all medicaid recipients enrolled in a managed care organization under contract with the department pursuant to section 5111.17 of the Revised Code if the department proposes to terminate or not to renew the contract and determines that the recipients' access to medically necessary services is jeopardized by the proposal to terminate or not to renew the contract. The disenrollment is not subject to Chapter 119. of the Revised Code, but the managed care organization may request a reconsideration of the disenrollment. Reconsiderations shall be requested and conducted in accordance with rules the director of job and family services shall adopt in accordance with Chapter 119. of the Revised Code. The request for, or conduct of, a reconsideration regarding a proposed disenrollment shall not delay the disenrollment.
In addition to the rules required to be adopted under this section, the director may adopt any other rules necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.175. In the case of a managed care organization under contract with the department of job and family services pursuant to section 5111.17 of the Revised Code authorizing the organization to provide, or arrange for the provision of, hospital services to medicaid recipients, both of the following apply:
(A) If a hospital provides services to a medicaid recipient who is enrolled in the managed care organization but the hospital is not under contract with the organization, the organization shall reimburse the hospital for the services at a rate that is the lesser of ninety-five per cent of the rate the hospital is reimbursed by the department for medicaid recipients who are not enrolled in a managed care organization or the amount the hospital charges the organization for the services. As a condition of participation in the medicaid program, the hospital shall not refuse to provide services to medicaid recipients who are enrolled in a managed care organization and shall accept the reimbursement rate established under this division as payment in full for services provided to those medicaid recipients. This division does not restrict the managed care organization's ability to enter into a contract with a hospital under which the hospital is reimbursed at a rate different from the rate established under this division.
(B) For the purpose of determining the amount the
department
pays hospitals under section 5112.08 of the Revised
Code and the
amount of
disproportionate share hospital payments
paid by the
medicare program
established under Title XVIII of the
"Social
Security Act," 79 Stat. 286
(1965), 42 U.S.C. 1396n, as
amended,
the managed care organization shall keep detailed
records for each hospital with
which
it contracts about the cost
to the hospital of providing the
care, payments
made by the
organization to the hospital for the
care, utilization of
hospital
services by medicaid
recipients enrolled in the organization, and
other utilization
data required by the department.
Sec. 5111.176. Not later than October 1, 2003, the director of job and family services shall establish a task force to assist in resolving issues that arise as a result of the reimbursement rates established by division (A) of section 5111.175 of the Revised Code. The members of the task force shall be appointed by the director and shall include the following:
(A) Representatives of hospitals that provide services to medicaid recipients;
(B) A representative of each managed care organization under contract with the department of job and family services pursuant to section 5111.17 of the Revised Code.
Sec. 5111.20. As used in sections 5111.20 to 5111.32 5111.34 of
the
Revised Code:
(A)
"Allowable costs" are those costs determined by the
department of job and family services to be reasonable and do not
include
fines paid under sections 5111.35 to 5111.61 and section
5111.99
of the Revised Code.
(B)
"Capital costs" means costs of ownership and
nonextensive renovation.
(1)
"Cost of ownership" means the actual expense incurred
for all of the following:
(a) Depreciation and interest on any capital assets that
cost five hundred dollars or more per item, including the
following:
(ii) Building improvements that are not approved as
nonextensive renovations under section 5111.25 or 5111.251 of the
Revised Code;
(iv) Extensive renovations;
(v) Transportation equipment.
(b) Amortization and interest on land improvements and
leasehold improvements;
(c) Amortization of financing costs;
(d) Except as provided in division (I) of this section,
lease and rent of
land, building, and equipment.
The costs of capital assets of less than five hundred dollars
per item may be
considered costs of ownership in accordance with a
provider's practice.
(2)
"Costs of nonextensive renovation" means the actual
expense incurred for
depreciation or amortization and interest on
renovations that are not
extensive renovations.
(C)
"Capital lease" and
"operating lease" shall be construed
in accordance
with generally accepted accounting principles.
(D)
"Case-mix score" means the measure determined under
section 5111.231 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to a resident
of
a nursing facility or intermediate care facility for the
mentally
retarded.
(E)
"Date of licensure," for a facility originally licensed
as a
nursing home under Chapter 3721. of the Revised Code, means
the
date specific beds were originally licensed as
nursing home
beds under that chapter, regardless of whether they were
subsequently licensed as residential facility beds under section
5123.19
of the Revised Code. For a facility originally licensed
as a
residential facility under section 5123.19 of the Revised
Code,
"date of licensure" means the date specific beds were
originally licensed as residential facility beds under that
section.
(1) If nursing home beds licensed under Chapter 3721. of the
Revised Code or
residential facility beds licensed under section
5123.19 of the Revised Code
were not required by law to be
licensed when they were originally used to
provide nursing home or
residential facility services,
"date of licensure"
means the date
the beds first were used to provide nursing home or residential
facility services, regardless of the date the present provider
obtained
licensure.
(2) If a facility adds nursing home beds or residential
facility beds or extensively renovates all or part of the
facility
after its original date of licensure, it will have a
different
date of licensure for the additional beds or
extensively renovated
portion of the facility, unless the beds
are added in a space that
was constructed at the same time as the
previously licensed beds
but was not licensed under Chapter 3721.
or section 5123.19 of the
Revised Code at that time.
(F)
"Desk-reviewed" means that costs as reported on a cost
report submitted under section 5111.26 of the Revised Code have
been subjected to a desk review under division (A) of section
5111.27 of the Revised Code and preliminarily determined to be
allowable costs.
(G)
"Direct care costs" means all of the following:
(1)(a) Costs for registered nurses, licensed practical
nurses, and nurse aides employed by the facility;
(b) Costs for direct care staff, administrative nursing
staff, medical directors, social services staff, activities
staff,
psychologists and psychology assistants, social workers
and
counselors, habilitation staff, qualified mental retardation
professionals, program directors, respiratory therapists,
habilitation supervisors, and except as provided in division
(G)(2) of this section, other persons holding degrees qualifying
them to provide therapy;
(c) Costs of purchased nursing services;
(d) Costs of quality assurance;
(e) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in
accordance with Chapter
119. of the Revised Code, for
personnel
listed in
divisions (G)(1)(a), (b), and (d) of this section;
(f) Costs of consulting and management fees related to
direct care;
(g) Allocated direct care home office costs.
(2) In addition to the costs specified in division (G)(1)
of
this section, for intermediate care facilities for the
mentally
retarded only, direct care costs include both of the
following:
(a) Costs for physical therapists and physical therapy
assistants, occupational therapists and occupational therapy
assistants, speech therapists, and audiologists;
(b) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in
accordance with Chapter
119. of the Revised Code, for personnel
listed in division
(G)(2)(a) of this section.
(3) Costs of other direct-care resources that are
specified
as direct care costs in rules adopted by the
director of job and
family services in accordance
with Chapter 119. of the Revised
Code.
(H) "Change of operator" means an entering operator becoming the operator of a nursing facility or intermediate care facility for the mentally retarded in the place of the exiting operator.
(1) Actions that constitute a change of operator include, but are not limited to, the following:
(a) A change in an exiting operator's form of legal organization, including the formation of a partnership or corporation from a sole proprietorship;
(b) A transfer of all the exiting operator's ownership interest in the operation of the facility to the entering operator, regardless of whether ownership of any or all of the real property or personal property associated with the facility is also transferred;
(c) A lease of the facility to the entering operator or the exiting operator's termination of the lease;
(d) If the exiting operator is a partnership, dissolution of the partnership;
(e) If the exiting operator is a partnership, a change in composition of the partnership unless both of the following apply:
(i) The change in composition does not cause the partnership's dissolution under state law.
(ii) The partners agree that the change in composition does not constitute a change in operator.
(f) If the operator is a corporation, dissolution of the corporation, a merger of the corporation with another corporation that is the survivor of the merger, or a consolidation of one or more other corporations to form a new corporation.
(2) The following, alone, do not constitute a change of operator:
(a) A contract for an entity to manage a nursing facility or intermediate care facility for the mentally retarded as the operator's agent, subject to the operator's approval of daily operating and management decisions;
(b) A change of ownership, lease, or termination of a lease of real property or personal property associated with a nursing facility or intermediate care facility for the mentally retarded if an entering operator does not become the operator in place of an exiting operator;
(c) If the operator is a corporation, a change of one or more members of the corporation's governing body or transfer of ownership of one or more shares of the corporation's stock, if the same corporation continues to be the operator.
(B) "Effective date of a change of operator" means the day the entering operator becomes the operator of the nursing facility or intermediate care facility for the mentally retarded.
(C) "Effective date of a facility closure" means the last day that the last of the residents of the nursing facility or intermediate care facility for the mentally retarded resides in the facility.
(D) "Effective date of a voluntary termination" means the day the intermediate care facility for the mentally retarded ceases to accept medicaid patients.
(E) "Effective date of a voluntary withdrawal of participation" means the day the nursing facility ceases to accept new medicaid patients other than the individuals who reside in the nursing facility on the day before the effective date of the voluntary withdrawal of participation.
(F) "Entering operator" means the person or government entity that will become the operator of a nursing facility or intermediate care facility for the mentally retarded when a change of operator occurs.
(G) "Exiting operator" means any of the following:
(1) An operator that will cease to be the operator of a nursing facility or intermediate care facility for the mentally retarded on the effective date of a change of operator;
(2) An operator that will cease to be the operator of a nursing facility or intermediate care facility for the mentally retarded on the effective date of a facility closure;
(3) An operator of an intermediate care facility for the mentally retarded that is undergoing or has undergone a voluntary termination;
(4) An operator of a nursing facility that is undergoing or has undergone a voluntary withdrawal of participation.
(H) "Facility closure" means discontinuance of the use of the building, or part of the building, that houses the facility as a nursing facility or intermediate care facility for the mentally retarded that results in the relocation of all of the facility's residents. A facility closure occurs regardless of any of the following:
(1) The operator completely or partially replacing the facility by constructing a new facility or transferring the facility's license to another facility;
(2) The facility's residents relocating to another of the operator's facilities;
(3) Any action the department of health takes regarding the facility's certification under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, that may result in the transfer of part of the facility's survey findings to another of the operator's facilities;
(4) Any action the department of health takes regarding the facility's license under Chapter 3721. of the Revised Code;
(5) Any action the department of mental retardation and developmental disabilities takes regarding the facility's license under section 5123.19 of the Revised Code.
(I)
"Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.
(I)
"Indirect care costs" means all reasonable costs other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting
services,
minor equipment,
maintenance and repairs, help-wanted
advertising, informational
advertising, start-up costs,
organizational expenses, other
interest, property insurance,
employee training and staff
development, employee benefits,
payroll taxes, and workers' compensation
premiums or costs for
self-insurance claims and related costs as
specified in rules
adopted by the director of
job and family services in accordance
with Chapter 119. of the Revised Code, for personnel
listed in
this division. Notwithstanding division (B)(1) of this
section,
"indirect care costs" also means the cost of equipment,
including
vehicles, acquired by operating lease executed before
December 1,
1992, if the costs are reported as administrative and
general
costs on the facility's cost report for the cost
reporting period
ending December 31, 1992.
(J)
"Inpatient days" means all days during which a
resident,
regardless of payment source, occupies a bed in a
nursing facility
or intermediate care facility for the mentally
retarded that is
included in the facility's certified capacity
under Title XIX of
the
"Social Security Act," 49 Stat. 610
(1935), 42 U.S.C.A. 301,
as amended. Therapeutic or hospital
leave days for which payment
is made under section 5111.33 of the
Revised Code are considered
inpatient days proportionate to the
percentage of the facility's
per resident per day rate paid for
those days.
(K)(J)
"Intermediate care facility for the mentally retarded"
means an intermediate care facility for the mentally retarded
certified as in compliance with applicable standards for the
medical assistance program by the director of health in
accordance
with Title XIX of the
"Social Security Act.," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(L)
"Maintenance and repair expenses" means, except as
provided in division (X)(2) of this section, expenditures that
are
necessary and proper to maintain an asset in a normally
efficient
working condition and that do not extend the useful
life of the
asset two years or more.
"Maintenance and repair
expenses"
includes but is not limited to the cost of ordinary
repairs such
as painting and wallpapering.
(M)(K)
"Nursing facility" means a facility, or a distinct
part
of a facility, that is certified as a nursing facility by
the
director of health in accordance with Title XIX of the
"Social
Security Act," and is not an intermediate care facility
for the
mentally retarded.
"Nursing facility" includes a
facility, or a
distinct part of a facility, that is certified as
a nursing
facility by the director of health in accordance with
Title XIX of
the
"Social Security Act," and is certified as a
skilled nursing
facility by the director in accordance with Title
XVIII of the
"Social Security Act."
(N)
"Other protected costs" means costs for medical
supplies; real estate, franchise, and property taxes; natural
gas,
fuel oil, water, electricity, sewage, and refuse and
hazardous
medical waste collection; allocated other protected home office
costs; and any additional costs
defined as other protected costs
in rules adopted by the
director of job and family
services in
accordance with Chapter 119. of
the Revised Code.
(O)(L) "Operator" means the person or government entity responsible for the daily operating and management decisions for a nursing facility or intermediate care facility for the mentally retarded.
(M)(1)
"Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following regarding a nursing facility or
intermediate care facility for the mentally retarded:
(a) The land on which the facility is located;
(b) The structure in which the facility is located;
(c) Any mortgage, contract for deed, or other obligation secured in whole or in part by the land or structure on or in which the facility is located;
(d) Any lease or sublease of the land or structure on or in which the facility is located.
(2) "Owner" does not mean a holder of a debenture or bond related to the nursing facility or intermediate care facility for the mentally retarded and purchased at public issue or a regulated lender that has made a loan related to the facility unless the holder or lender operates the facility directly or through a subsidiary.
(P)
"Patient" includes
"resident."
(Q) Except as provided in divisions (Q)(1) and (2) of this
section,
"per diem" means a nursing facility's or intermediate
care facility for the mentally retarded's actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.
(1) When calculating indirect care costs for the purpose
of
establishing rates under section 5111.24 or 5111.241 of the
Revised Code,
"per diem" means a facility's actual, allowable
indirect care costs in a cost reporting period divided by the
greater of the facility's inpatient days for that period or the
number of inpatient days the facility would have had during that
period if its occupancy rate had been eighty-five per cent.
(2) When calculating capital costs for the purpose of
establishing rates under section 5111.25 or 5111.251 of the
Revised Code,
"per diem" means a facility's actual, allowable
capital costs in a cost reporting period divided by the greater
of
the facility's inpatient days for that period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(R)(N)
"Provider" means a person or government entity that
operates a nursing facility or intermediate care facility for the
mentally retarded under an operator that has entered into a provider agreement.
(S)(O)
"Provider agreement" means a contract between the
department of job and family services and the operator of a nursing facility or
intermediate care facility for the mentally retarded for the
provision of nursing facility services or intermediate care
facility services for the mentally retarded under the medical
assistance program.
(T)
"Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the
facility.
(U)
"Reasonable" means that a cost is an actual cost that
is
appropriate and helpful to develop and maintain the operation
of
patient care facilities and activities, including normal
standby
costs, and that does not exceed what a prudent buyer pays
for a
given item or services. Reasonable costs may vary from
provider
to provider and from time to time for the same provider.
(V)
"Related party" means an individual or organization
that, to a significant extent, has common ownership with, is
associated or affiliated with, has control of, or is controlled
by, the provider.
(1) An individual who is a relative of an owner is a
related
party.
(2) Common ownership exists when an individual or
individuals possess significant ownership or equity in both the
provider and the other organization. Significant ownership or
equity exists when an individual or individuals possess five per
cent ownership or equity in both the provider and a supplier.
Significant ownership or equity is presumed to exist when an
individual or individuals possess ten per cent ownership or
equity
in both the provider and another organization from which
the
provider purchases or leases real property.
(3) Control exists when an individual or organization has
the power, directly or indirectly, to significantly influence or
direct the actions or policies of an organization.
(4) An individual or organization that supplies goods or
services to a provider shall not be considered a related party if
all of the following conditions are met:
(a) The supplier is a separate bona fide organization.
(b) A substantial part of the supplier's business activity
of the type carried on with the provider is transacted with
others
than the provider and there is an open, competitive market
for the
types of goods or services the supplier furnishes.
(c) The types of goods or services are commonly obtained
by
other nursing facilities or intermediate care facilities for
the
mentally retarded from outside organizations and are not a
basic
element of patient care ordinarily furnished directly to
patients
by the facilities.
(d) The charge to the provider is in line with the charge
for the goods or services in the open market and no more than the
charge made under comparable circumstances to others by the
supplier.
(W)
"Relative of owner" means an individual who is related
to an owner of a nursing facility or intermediate care facility
for the mentally retarded by one of the following relationships:
(2) Natural parent, child, or sibling;
(3) Adopted parent, child, or sibling;
(4) Step-parent, step-child, step-brother, or step-sister;
(5) Father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law;
(6) Grandparent or grandchild;
(7) Foster caregiver, foster child, foster brother,
or
foster sister.
(X)
"Renovation" and
"extensive renovation" mean:
(1) Any betterment, improvement, or restoration of a
nursing
facility or intermediate care facility for the mentally
retarded
started before July 1, 1993, that meets the definition
of a
renovation or extensive renovation established in rules
adopted by
the director of job and
family services in effect on December 22,
1992.
(2) In the case of betterments, improvements, and
restorations of nursing facilities and intermediate care
facilities for the mentally retarded started on or after July 1,
1993:
(a)
"Renovation" means the betterment, improvement, or
restoration of a nursing facility or intermediate care facility
for the mentally retarded beyond its current functional capacity
through a structural change that costs at least five hundred
dollars per bed. A renovation may include betterment,
improvement, restoration, or replacement of assets that are
affixed to the building and have a useful life of at least five
years. A renovation may include costs that otherwise would be
considered maintenance and repair expenses if they are an
integral
part of the structural change that makes up the
renovation
project.
"Renovation" does not mean construction of
additional
space for beds that will be added to a facility's
licensed or
certified capacity.
(b)
"Extensive renovation" means a renovation that costs
more than sixty-five per cent and no more than eighty-five per
cent of the cost of constructing a new bed and that extends the
useful life of the assets for at least ten years.
For the purposes of division (X)(2) of this section, the
cost
of constructing a new bed shall be considered to be forty
thousand
dollars, adjusted for the estimated rate of inflation
from January
1, 1993, to the end of the calendar year during
which the
renovation is completed, using the consumer price index
for
shelter costs for all urban consumers for the north central
region, as published by the United States bureau of labor
statistics.
The department of job and family services may treat a
renovation
that costs more than eighty-five per cent of the cost
of
constructing new beds as an extensive renovation if the
department determines that the renovation is more prudent than
construction of new beds.
(P) "Voluntary termination" means an operator's voluntary election to terminate the participation of an intermediate care facility for the mentally retarded in the medicaid program but to continue to provide service of the type provided by a residential facility as defined in section 5123.19 of the Revised Code.
(Q) "Voluntary withdrawal of participation" means an operator's voluntary election to terminate the participation of a nursing facility in the medicaid program but to continue to provide service of the type provided by nursing facilities.
Sec. 5111.204. (A) As used in this section and in section
5111.205 of the Revised Code, "representative" means a person acting on behalf
of an
applicant for or recipient of medical assistance. A
representative may be a family member, attorney, hospital social
worker, or any other person chosen to act on behalf of an
applicant or recipient.
(B) The department of job and family services may require an
applicant for or recipient of medical assistance who applies or
intends to apply for admission to a nursing facility to undergo
an assessment to determine whether the applicant or recipient
needs the level of care provided by a nursing facility. To the maximum extent
possible, the assessment shall be based on information from the resident
assessment instrument medium or media specified in rules adopted by the
director of job and family services under division
(A) of section 5111.231 of the Revised
Code. The assessment shall also be based on criteria and
procedures established in rules adopted under division (H) of
this section and information provided by the person being
assessed or the person's representative. The department of
job and family services, or if the assessment is performed
by another agency designated
under section 5101.754 of the Revised Code, the agency, shall, not
later than the time the assessment is required to be performed
under division (C) of this section, give written notice of its
conclusions and the basis for them to the person assessed and, if
the department of job and family services or designated
entity has been
informed that the person has a representative, to the
representative.
(C) The department of job and family services or designated agency,
whichever performs the assessment, shall perform a complete
assessment, or, if circumstances provided by rules adopted under
division (H) of this section exist, a partial assessment, as
follows:
(1) In the case of a person applying or intending to apply
to a nursing facility while hospitalized, not later than one of
the following:
(a) One working day after the person or the person's
representative submits an application for admission to the nursing facility or
notifies the department of the person's intention to apply;
(b) A later date requested by the person or the person's
representative.
(2) In the case of an emergency as determined in
accordance with rules adopted under division (H) of this section,
not later than one calendar day after the person or the
person's representative submits the application or notifies the department
of the person's intention to apply.
(3) In all other cases, not later than one of the
following:
(a) Five calendar days after the person or the person's
representative submits the application or notifies the department
of the person's intention to apply;
(b) A later date requested by the person or the person's
representative.
(D) If the department of job and family services or designated agency
conducts a
partial assessment under division (C) of this
section, it shall complete the rest of the assessment not later
than one hundred eighty days after the date the person is
admitted to the nursing facility unless the department or
designated agency determines the person should be exempt from the
assessment.
(E) A person is not required to be assessed under this
section if the circumstances specified by rule adopted under
division (H) of this section exist or the department of job and family
services or designated agency determines after a partial
assessment that the person should be exempt from the assessment.
(F) A person assessed under this section or the person's representative may
appeal the conclusions reached by the department of job and family
services or designated agency on the basis of the assessment. The appeal
shall be made in accordance with section 5101.35 of
the Revised Code. The department of job and family services or
designated agency,
whichever performs the assessment, shall provide to the
person or the person's representative and the nursing
facility written
notice of the person's right to appeal. The notice shall include
an explanation of the procedure for filing an appeal.
(G) A nursing facility that admits or retains a person
determined pursuant to an assessment required under division (B)
or (C) of this section not to need the level of care provided by
the nursing facility shall not be reimbursed under the medical
assistance program for the person's care.
(H) The director of job and
family services shall adopt rules in
accordance with Chapter 119. of the Revised Code to implement and
administer this section. The rules shall include all of the
following:
(1) Criteria and procedures to be used in determining
whether admission to a nursing facility is appropriate for the
person being assessed. The criteria shall include consideration
of whether the person is in need of any of the following:
(a) Nursing or rehabilitation services;
(b) Assistance with two or more of the activities of daily
living;
(c) Continuous supervision to prevent harm to the person
as a result of cognitive impairment.
(2) Information the person being assessed or the person's
representative must provide to the department or designated agency for
purposes of the assessment;
(3) Circumstances under which the department of job and family services
or designated agency may perform a partial assessment
under division (C) of this section;
(4) Circumstances under which a person is not required to
be assessed.
Sec. 5111.206. (A) As used in this section,
"nursing facility" has the same
meaning as in section 5111.20 of the Revised Code.
(B) To the extent funds are available, the director of job and family services may establish the
Ohio access success project to help medicaid recipients make the
transition from residing in a nursing facility to residing in a
community setting. The program may be established as a separate non-medicaid program or integrated into a new or existing program of Medicaid home and community-based services program based on a waiver approved by the federal centers for medicare and medicaid services. The department may limit the number of program participants.
To
be eligible for benefits under the project, a medicaid
recipient
must satisfy all of the following requirements:
(1) Be a recipient
of medicaid-funded nursing facility care, at the time of applying for the benefits;
(2) Have resided continuously in a nursing facility since January 1, 2002;
(3) Need the level of care provided by nursing facilities;
(4) For participation in a non-medicaid program, receive services to remain in the community with a projected cost not exceeding
eighty per cent of the average monthly medicaid cost of a
medicaid recipient in a nursing facility;
(5) For participation in a program established as part of a home and community-based services program that is based on a waiver, meet waiver enrollment criteria.
(C) If the director establishes
the Ohio access success project, the benefits provided under the
project
may include payment of all of the following:
(1) The first month's rent in a community setting;
(5) Other expenses not covered by the medicaid program that
facilitate a medicaid recipient's move from a nursing facility to
a community setting.
(D) If the project is established as a non-medicaid program, no participant may receive more than two thousand dollars
worth of benefits under the project.
(E) The director may submit a request to the United States secretary of health and human services pursuant to section 1915 of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to create a medicaid home and community-based services waiver programs to serve individuals who meet the criteria for participation in the Ohio access success project. The director may adopt rules under Chapter 119. of the Revised Code for the administration and operation of the program.
Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011,
5111.012, and 5111.02 of the Revised Code, the department of job and
family services shall pay, as provided in sections 5111.20 to
5111.32 of the Revised Code, the reasonable costs of services
provided to an eligible medicaid recipient by an eligible nursing
facility or intermediate care facility for the mentally retarded.
In order to be eligible for medical assistance payments, an operator of a
nursing facility or intermediate care facility for the mentally
retarded shall do all of the following:
(1) Enter into a provider agreement with the department of job and family services as
provided in section 5111.22, 5111.251, or 5111.252 of the Revised Code;
(2) Apply for and maintain a valid license to operate if
so required by law;
(3) Comply with all applicable state and federal laws and
rules.
(B) A An operator of a nursing facility that elects to obtain and maintain
eligibility for payments under the medicare medicaid program established
by Title XVIII of the "Social Security Act," 49 Stat. 620 (1935),
42 U.S.C.A. 301, as amended may shall qualify all or part of the
facility of the facility's medicaid-certified beds in the medicare program established by Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code to establish the time frame in which a nursing facility must comply with this requirement.
Sec. 5111.211. (A) The department of mental retardation and developmental disabilities is responsible for the nonfederal share of claims submitted for services that are covered by the medicaid program and provided to an eligible medicaid recipient by an intermediate care facility for the mentally retarded if all of the following are the case:
(1) The services are provided on or after July 1, 2003;
(2) The facility receives initial certification by the director of health as an intermediate care facility for the mentally retarded on or after January 1, 2003;
(3) The facility, or a portion of the facility, is licensed by the director of mental retardation and developmental disabilities as a residential facility under section 5123.19 of the Revised Code;
(4) There is a valid provider agreement for the facility.
(B) Each month, the department of job and family services shall invoice the department of mental retardation and developmental disabilities by interagency transfer voucher for the claims for which the department of mental retardation and developmental disabilities is responsible pursuant to this section.
Sec. 5111.22. A provider agreement between the department
of
job and family services and an operator of a nursing facility or intermediate
care
facility for the mentally retarded shall contain the
following
provisions:
(A) The department agrees to:
(1) Make make payments to the nursing facility or intermediate
care facility for the mentally retarded for patients eligible for
services under the medical assistance program as provided in
sections 5111.20 to 5111.32 rules adopted under section 5111.02 of the Revised Code.
No
payment
shall
be made for the day a recipient is discharged from
the
facility.
(2) Provide copies of rules governing the
facility's
participation as a provider in the medical assistance
program.
Whenever the director of job and family
services files a proposed
rule or
proposed rule in revised form under division (D) of
section
111.15 or division (B) of section 119.03 of the Revised
Code, the
department shall provide the facility with one copy of
such rule.
In the case of a rescission or proposed rescission of
a rule, the
department may provide the rule number and title
instead of the
rules rescinded or proposed to be rescinded.
(B) The provider operator agrees to:
(1) Maintain eligibility as provided in section 5111.21 of
the Revised Code;
(2) Keep records relating to a cost reporting period for
the
greater of seven years after the cost report is filed or, if
the
department issues an a final fiscal audit report in accordance with division
(B)
of rules adopted under section 5111.27 5111.32 of the Revised Code, six years after all
appeal
rights relating to the final fiscal audit report are exhausted;
(3) File reports as required by the department;
(4) Open all records relating to the costs of its services
for inspection and audit by the department;
(5) Open its premises for inspection by the department,
the
department of health, and any other state or local authority
having authority to inspect;
(6) Supply to the department such information as it
requires
concerning the facility's services to patients who are
or are
eligible to be medicaid recipients;
(7) Comply with section 5111.31 5111.222 of the Revised Code.
The provider agreement may contain other provisions that
are
consistent with law and considered necessary by the
department.
A provider agreement shall be effective for no longer than
twelve months, except that if federal statute or regulations
authorize a longer term, it may be effective for a longer term so
authorized. A provider agreement may be renewed only if the
facility is certified by the department of health for
participation in the medicaid program.
The department of job and family services, in accordance
with
rules
adopted by the director pursuant to Chapter 119. of the
Revised Code,
may elect
not to enter into, not to renew, or to
terminate a provider
agreement when the department determines that
such an agreement
would not be in the best interests of the
recipients or of the
state.
Sec. 5111.221. An operator of a nursing facility or intermediate care facility for the mentally retarded may enter into provider agreements for more than one nursing facility or intermediate care facility for the mentally retarded.
Sec. 5111.31 5111.222. (A) Every provider agreement with an operator of a nursing
facility or intermediate care facility for the mentally retarded
shall:
(1) Prohibit the facility from failing or refusing to
retain as a patient any person because the person is,
becomes, or may, as a patient in the facility, become a recipient of
assistance under the medical assistance program. For the purposes of this
division, a recipient of medical assistance who is a patient in a
facility shall be considered a patient in the facility during any
hospital stays totaling less than twenty-five days during any
twelve-month period. Recipients who have been identified by the
department of job and family services or its designee as requiring the
level of care of an intermediate care facility for the mentally
retarded shall not be subject to a maximum period of absences
during which they are considered patients if prior authorization
of the department for visits with relatives and friends and
participation in therapeutic programs is obtained under rules
adopted under section 5111.02 of the Revised Code.
(2) Include any part of the facility that meets standards
for certification of compliance with federal and state laws and
rules for participation in the medical assistance program, except
that nursing facilities that, during the period beginning July 1,
1987, and ending July 1, 1993, added beds licensed as nursing
home beds under Chapter 3721. of the Revised Code are not
required to include those beds under a provider agreement unless
otherwise required by federal law. Once added to the provider
agreement, however, those nursing home beds may not be removed
unless the facility withdraws from the medical assistance program
in its entirety.
(3) Prohibit the facility from discriminating against any
patient on the basis of race, color, sex, creed, or national
origin.
(4) Except as otherwise prohibited under section 5111.55
of the Revised Code, prohibit the facility from failing or
refusing to accept a patient because the patient is, becomes,
or may, as a patient in the facility, become a recipient of assistance under
the medical assistance program if less than eighty per cent of
the patients in the facility are recipients of medical
assistance.
(B) Nothing in this section shall bar any religious or
denominational nursing facility or intermediate care facility for
the mentally retarded that is operated, supervised, or controlled
by a religious organization from giving preference to persons of
the same religion or denomination. Nothing in this section shall
bar any facility from giving preference to persons with whom it
has contracted to provide continuing care.
(C) Nothing in this section shall bar any county home
organized under Chapter 5155. of the Revised Code from admitting
residents exclusively from the county in which the county home is
located.
(D) No operator of a nursing facility or intermediate care facility for
the mentally retarded with which a provider agreement is in
effect shall violate the provider contract obligations imposed
under this section.
(E) Nothing in divisions (A) and (B) of this section shall
bar any nursing facility or intermediate care facility for the
mentally retarded from retaining patients who have resided in the
facility for not less than one year as private pay patients and
who subsequently become recipients of assistance under the
medicaid program, but refusing to accept as a patient any person
who is or may, as a patient in the facility, become a recipient
of assistance under the medicaid program, if all of the following
apply:
(1) The facility does not refuse to retain any patient who
has resided in the facility for not less than one year as a
private pay patient because the patient becomes a recipient
of assistance under the medicaid program, except as necessary to comply with
division (E)(2) of this section;
(2) The number of medicaid recipients retained under this
division does not at any time exceed ten per cent of all the
patients in the facility;
(3) On July 1, 1980, all the patients in the facility were
private pay patients.
Sec. 5111.32 5111.223. Any patient has a cause of action against a
nursing facility or
intermediate care facility for the mentally retarded for breach
of the provider
agreement obligations or other duties imposed by section 5111.31 5111.222
of the Revised
Code. The action may be commenced by the patient, or on his the
patient's behalf by his the patient's
sponsor or a residents' rights advocate, as either is defined
under section
3721.10 of the Revised Code, by the filing of a civil action in
the
court of common
pleas of the county in which the facility is located, or in the
court of common
pleas of Franklin county.
If the court finds that a breach of the provider agreement
obligations imposed
by section 5111.31 5111.222 of the Revised Code has occurred, the court
may enjoin the
facility from engaging in the practice, order such affirmative
relief as may be
necessary, and award to the patient and a person or public agency
that brings
an action on behalf of a patient actual damages, costs, and
reasonable
attorney's fees.
Sec. 5111.30 5111.224. The department of job and family services shall terminate
the provider
agreement with an operator of a nursing facility or intermediate care facility
for the
mentally retarded that does not comply with the requirements of
section
3721.071 of the Revised Code for the installation of fire
extinguishing and
fire alarm systems.
Sec. 5111.26 5111.23. (A)(1)(a) Except as provided in division
(A)(1)(b) of this section, each Each nursing facility and intermediate
care facility for the mentally retarded participating in the medicaid program shall file with the
department of job and family services an annual cost report prepared in
accordance with guidelines established by the department. The
report shall cover a calendar year or the portion of a calendar
year during which the facility participated in the medical
assistance medicaid program. All facilities shall file the reports
within ninety days after the end of the calendar year. The
department, for good cause, may grant a fourteen-day extension of
the time for filing cost reports upon written request from a
facility. The director of job and family services
shall prescribe, in rules adopted in
accordance with Chapter 119. of the Revised Code, the cost
reporting form and a uniform chart of accounts for the purpose of
cost reporting, and shall distribute cost reporting forms or
computer software for electronic submission of the cost report to
each nursing facility and intermediate care facility for the
mentally retarded at least sixty days before the facility's
reporting date.
(b) A facility for which rates are established under
section 5111.255 of the Revised Code shall submit a cost report
no later than ninety days after the end of the facility's first
three full calendar months of operation. A facility that opens
after the first day of October in any calendar year is not
required to file a cost report for that calendar year.
(2) If a nursing facility or intermediate care facility
for the mentally retarded required to submit cost reports does
not file the reports within the required time periods or within
fourteen days thereafter if an extension is granted under
division (A)(1)(a) of this section, or files an incomplete or
inadequate report, the department shall provide immediate written
notice to the facility that its provider agreement will be
terminated in thirty days unless the facility submits a complete
and adequate cost report within thirty days. During the
thirty-day termination period or any additional time allowed for
an appeal of the proposed termination of a provider agreement,
the facility shall be paid its then current per resident per day
rate, minus two dollars. On July 1, 1994, the department shall
adjust the two-dollar reduction to reflect the rate of inflation
during the preceding twelve months, as shown in the consumer
price index for all items for all urban consumers for the north
central region, published by the United States bureau of labor
statistics. On July 1, 1995, and the first day of July of each
year thereafter, the department shall adjust the amount of the
reduction in effect during the previous twelve months to reflect
the rate of inflation during the preceding twelve months, as
shown in the same index.
(B) No nursing facility or intermediate care facility for
the mentally retarded shall report fines paid under sections
5111.35 to 5111.62 or section 5111.99 of the Revised Code in any
cost report filed under this section.
(C) The department shall develop an addendum to the cost
report form that a nursing facility or intermediate care facility
for the mentally retarded may use to set forth costs that the
facility believes may be disputed by the department. Any costs
reported by the facility on the addendum may be considered by the
department in setting the facility's rate. If the department
does not consider the costs listed on the addendum in setting the
facility's rate, the facility may seek reconsideration of that
determination under section 5111.29 of the Revised Code. If the
department subsequently includes the costs listed in the addendum
in the facility's rate, the department shall pay the facility interest at a
reasonable rate established in rules adopted in accordance with Chapter 119.
of the Revised Code for the time that the rate paid excluded the costs.
Sec. 5111.231. (A)(1) The department of job and family
services shall
determine case-mix scores for nursing facilities
using data for
each resident, regardless of payment source, from a
resident
assessment instrument specified in rules adopted in
accordance
with Chapter 119. of the
Revised Code pursuant
to
section
1919(e)(5) of the "Social Security Act," 49
Stat.
620
(1935), 42
U.S.C.A. 1396r(e)(5), as amended, and the case-mix
values
established by the United States department of health and
human
services. Except as modified in rules adopted under
division
(A)(1)(c) of this section, the department also
shall use
the grouper methodology used
on June 30,
1999, by the United
States
department of health and human services for prospective
payment of skilled
nursing facilities under the medicare program
established by Title
XVIII of the "Social Security Act," 49
Stat.
620 (1935), 42 U.S.C.A. 301, as amended. The
director of job and
family services may
adopt rules in accordance with Chapter 119. of
the Revised Code that do any of the following:
(a) Adjust the case-mix values to reflect changes in
relative wage differentials that are specific to this state;
(b) Express all of the case-mix values in numeric terms
that
are different from the terms specified by the United States
department of health and human services but that do not alter the
relationship of the case-mix values to one another;
(c) Modify the grouper methodology as follows:
(i) Establish a different hierarchy for assigning residents
to
case-mix categories under the methodology;
(ii) Prohibit the use of the index maximizer element of the
methodology;
(iii) Incorporate changes to the methodology the United
States department of health and human services makes after June
30, 1999;
(iv) Make other changes
the
nursing facility
reimbursement
study council established by section
5111.34 of the
Revised Code
approves.
(2) The department shall determine case-mix scores for
intermediate care facilities for the mentally retarded using data
for each resident, regardless of payment source, from a resident
assessment instrument and grouper methodology prescribed in rules
adopted in accordance
with Chapter 119. of the Revised Code and
expressed in case-mix values
established by the department in
those rules.
(B) Not later than fifteen days after the end of each
calendar quarter, each nursing facility and intermediate care
facility for the mentally retarded shall submit to the department
the complete assessment data, information from the instrument medium or media specified in
rules adopted under division (A) of this section, for each
resident, regardless of payment source, who was in the facility
or
on hospital or therapeutic leave from the facility on the last
day
of the quarter. Nursing facilities shall submit the assessment information to the department of health and, if required by rules adopted under this section, the department of job and family services. Intermediate care facilities for the mentally retarded shall submit the assessment information to the department of job and family services.
Except as provided in division (C) of this section, the
department, after the end of each calendar year and pursuant to
procedures specified in rules adopted in accordance with Chapter
119. of the Revised Code, shall calculate an annual average
case-mix score for each nursing facility and intermediate care
facility for the mentally retarded using the facility's quarterly
case-mix scores for that calendar year.
(C)(1) If a facility does not timely submit information
for
a calendar quarter necessary to calculate its case-mix score,
or
submits incomplete or inaccurate information for a calendar
quarter, the department may assign the facility a quarterly
average case-mix score that is five per cent less than the
facility's quarterly average case-mix score for the preceding
calendar quarter. If the facility was subject to an exception
review under division (C) of section 5111.27 of the Revised Code
for the preceding calendar quarter, the department may assign a
quarterly average case-mix score that is five per cent less than
the score determined by the exception review. If the facility
was
assigned a quarterly average case-mix score for the preceding
quarter, the department may assign a quarterly average case-mix
score that is five per cent less than that score assigned for the
preceding quarter.
The department may use a quarterly average case-mix score
assigned under division (C)(1) of this section, instead of a
quarterly average case-mix score calculated based on the
facility's submitted information, to calculate the facility's
rate
for direct care costs being established under section
5111.23 of
the Revised Code for one or more months, as specified
in rules
adopted under division (D) of this section, of the
quarter for
which the rate established under section 5111.23 of
the Revised
Code will be paid.
Before taking action under division (C)(1) of this section,
the department shall permit the facility a reasonable period of
time, specified in rules adopted under division (D) of this
section, to correct the information. In the case of an
intermediate care facility for the mentally retarded, the
department of job and family services shall
not
assign a quarterly average case-mix score due
to late submission
of corrections to the assessment information unless
the facility
fails to submit corrected information prior to the
eighty-first
day after the end of the calendar quarter to which
the
information pertains. In the case of a nursing facility, the
department
shall not assign a quarterly average case-mix score due
to late submission of
corrections to the assessment information unless
the facility fails to submit
corrected information prior to the
earlier of the eighty-first forty-sixth day after the
end of the calendar
quarter day the department provides the facility a preliminary facility score calculation to which the information pertains or the deadline
for
submission of such corrections established by regulations adopted
by the
United States department of health and human services under
Titles XVIII and XIX of the Social
Security Act. The department may provide nursing facilities preliminary facility score calculations electronically.
(2) If a facility is paid a rate calculated using a
quarterly average case-mix score assigned under division (C)(1)
of
this section for more than six months in a calendar year, the
department may assign the facility a cost per case-mix unit that
is five per cent less than the facility's actual or assigned cost
per case-mix unit for the preceding calendar year. The
department
may use the assigned cost per case-mix unit, instead
of
calculating the facility's actual cost per case-mix unit in
accordance with section 5111.23 of the Revised Code, to establish
the facility's rate for direct care costs for the following
fiscal
year.
(3) The department shall take action under division (C)(1)
or (2) of this section only in accordance with rules adopted
under
division (D) of this section. The department shall not
take an
action that affects rates for prior payment periods
except in
accordance with sections 5111.27 and section 5111.28 of the
Revised Code and rules adopted under section 5111.32 of the Revised Code.
(D) The director may shall adopt rules in accordance with
Chapter
119. of the Revised Code that do any of the following:
(1)(A) Specify the medium or media through which the
completed
assessment information shall be submitted;
(2)(B) Specify whether nursing facilities must submit the assessment information required by this section to the department;
(C) Establish procedures under which the department will
review assessment information for accuracy and notify the
facility
of any information that requires correction;
(3)(D) Establish procedures for facilities to correct
assessment information. The procedures may
prohibit an
intermediate care facility for the mentally
retarded from
submitting corrected assessment information, for the purpose of
calculating its annual average case-mix score, more than two
calendar quarters after the end of the quarter to which the
information pertains or, if the information pertains to the
quarter ending the thirty-first day of December, after the
thirty-first day of the following March. The procedures may
limit
the content of corrections by nursing facilities in the manner
required
by regulations adopted by the United States department of
health and human services under Titles XVIII and
XIX of the Social
Security Act and prohibit a nursing facility from submitting
corrected assessment information,
for the purpose of calculating
its annual average case-mix score, more than
the earlier of the
following:
(a) Two calendar quarters after the end of the quarter to
which
the information pertains or, if the information pertains to
the quarter ending
the thirty-first day of December, after the
thirty-first day of the
following March;
(b) The deadline for submission of such corrections
established
by regulations adopted by the United States department
of
health and human services under Titles XVIII and
XIX of the
Social Security Act.
(4) Specify when and how the department will assign
case-mix
scores or costs per case-mix unit under division (C) of
this
section if information necessary to calculate the facility's
average annual or quarterly case-mix score is not provided or
corrected in accordance with the procedures established by the
rules. Notwithstanding any other provision of sections 5111.20
to
5111.32 of the Revised Code, the rules also may provide for
exclusion of case-mix scores assigned under division (C) of this
section from calculation of the facility's annual average
case-mix
score and the maximum cost per case-mix unit for the
facility's
peer group this section.
(E) Direct the actions the department may take under this section.
Sec. 5111.24. An exiting operator or owner of a nursing facility or intermediate care facility for the mentally retarded participating in the medicaid program shall provide the department of job and family services written notice of a facility closure, voluntary termination, or voluntary withdrawal of participation not less than ninety days before the effective date of the facility closure, voluntary termination, or voluntary withdrawal of participation. The written notice shall include all of the following:
(A) The name of the exiting operator and, if any, the exiting operator's authorized agent;
(B) The name of the nursing facility or intermediate care facility for the mentally retarded that is the subject of the facility closure, voluntary termination, or voluntary withdrawal of participation;
(C) The exiting operator's medicaid provider agreement number;
(D) The effective date of the facility closure, voluntary termination, or voluntary withdrawal of participation;
(E) The signature of the exiting operator's or owner's representative.
Sec. 5111.241. An operator shall comply with section 1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility undergoes a voluntary withdrawal of participation.
Sec. 5111.25. (A) An exiting operator or owner and entering operator shall provide the department of job and family services written notice of a change of operator if the nursing facility or intermediate care facility for the mentally retarded participates in the medicaid program and the entering operator seeks to continue the facility's participation. The written notice shall be provided to the department not later than forty-five days before the effective date of the change of operator if the change of operator does not entail the relocation of residents. The written notice shall be provided to the department not later than ninety days before the effective date of the change of operator if the change of operator entails the relocation of residents. The written notice shall include all of the following:
(1) The name of the exiting operator and, if any, the exiting operator's authorized agent;
(2) The name of the nursing facility or intermediate care facility for the mentally retarded that is the subject of the change of operator;
(3) The exiting operator's medicaid provider agreement number;
(4) The name of the entering operator;
(5) The effective date of the change of operator;
(6) The manner in which the entering operator becomes the facility's operator, including through sale, lease, merger, or other action;
(7) If the manner in which the entering operator becomes the facility's operator involves more than one step, a description of each step;
(8) Written authorization from the exiting operator or owner and entering operator for the department to process a provider agreement for the entering operator;
(9) The signature of the exiting operator's or owner's representative.
(B) The entering operator shall include a completed application for a provider agreement with the written notice to the department. The entering operator shall attach to the application the following:
(1) If the written notice is provided to the department before the date the exiting operator or owner and entering operator complete the transaction for the change of operator, all the proposed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the facility's change of operator;
(2) If the written notice is provided to the department on or after the date the exiting operator or owner and entering operator complete the transaction for the change of operator, copies of all the executed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the facility's change of operator.
Sec. 5111.251. The department of job and family services may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the effective date of the change of operator if all of the following requirements are met:
(A) The department receives a properly completed written notice required by section 5111.25 of the Revised Code on or before the date required by that section.
(B) The entering operator furnishes to the department copies of all the fully executed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the change of operator not later than ten days after the effective date of the change of operator.
(C) The entering operator is eligible for medicaid payments as provided in section 5111.21 of the Revised Code.
Sec. 5111.252. (A) The department of job and family services may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the date determined under division (B) of this section if all of the following are the case:
(1) The department receives a properly completed written notice required by section 5111.25 of the Revised Code.
(2) The entering operator furnishes to the department copies of all the fully executed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to change of operator.
(3) The requirement of division (A)(1) of this section is met after the time required by section 5111.25 of the Revised Code, the requirement of division (A)(2) of this section is met more than ten days after the effective date of the change of operator, or both.
(4) The entering operator is eligible for medicaid payments as provided in section 5111.21 of the Revised Code.
(B) The department shall determine the date a provider agreement entered into under this section is to go into effect as follows:
(1) The effective date shall give the department sufficient time to process the change of operator, assure no duplicate payments are made, make the withholding required by section 5111.261 of the Revised Code, and withhold the final payment to the exiting operator until the following:
(a) Ninety days after the exiting operator submits to the department a properly completed cost report under section 5111.263 of the Revised Code;
(b) One hundred eighty days after the department waives the cost report requirement of section 5111.263 of the Revised Code.
(2) The effective date shall be not earlier than the later of the effective date of the change of operator or the date that the exiting operator or owner and entering operator comply with section 5111.25 of the Revised Code.
(3) The effective date shall be not later than the following after the later of the dates specified in division (B)(2) of this section:
(a) Forty-five days if the change of operator does not entail the relocation of residents;
(b) Ninety days if the change of operator entails the relocation of residents.
Sec. 5111.253. A provider agreement that the department of job and family services enters into with an entering operator under section 5111.251 or 5111.252 of the Revised Code shall satisfy all of the following requirements:
(A) Comply with all applicable federal statutes and regulations;
(B) Comply with section 5111.22 of the Revised Code and all other applicable state statutes and rules;
(C) Include all the terms and conditions of the exiting operator's provider agreement, including, but not limited to, all of the following:
(1) Any plan of correction;
(2) Compliance with health and safety standards;
(3) Compliance with the ownership and financial interest disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;
(4) Compliance with the civil rights requirements of 45 C.F.R. parts 80, 84, and 90;
(5) Compliance with additional requirements imposed by the department;
(6) Any sanctions relating to remedies for violation of the provider agreement, including deficiencies, compliance periods, accountability periods, monetary penalties, notification for correction of contract violations, and history of deficiencies.
(D) Require the entering operator to assume the exiting operator's remaining debt to the department and United States centers for medicare and medicaid services that the department is unable to collect from the exiting operator;
(E) Have a different provider agreement number than the exiting operator's provider agreement.
Sec. 5111.254. In the case of a change of operator, the exiting operator shall be considered to be the operator of the nursing facility or intermediate care facility for the mentally retarded for purposes of the medicaid program, including medicaid payments, until the effective date of the entering operator's provider agreement if the provider agreement is entered into under section 5111.251 or 5111.252 of the Revised Code.
Sec. 5111.255. The department of job and family services may enter into a provider agreement as provided in section 5111.22 of the Revised Code, rather than section 5111.251 or 5111.252 of the Revised Code, with an entering operator if the entering operator does not agree to a provider agreement that satisfies the requirements of division (C) or (D) of section 5111.253 of the Revised Code. The department may not enter into the provider agreement unless the department of health certifies the nursing facility or intermediate care facility for the mentally retarded under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended. The effective date of the provider agreement shall not precede any of the following:
(A) The date that the department of health certifies the facility;
(B) The effective date of the change of operator;
(C) The date the requirement of section 5111.25 of the Revised Code is satisfied.
Sec. 5111.256. The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code governing adjustments to the medicaid reimbursement rate for a nursing facility or intermediate care facility for the mentally retarded that undergoes a change of operator. No rate adjustment resulting from a change of operator shall be effective before the effective date of the entering operator's provider agreement. This is the case regardless of whether the provider agreement is entered into under section 5111.251, section 5111.252, or, pursuant to section 5111.255, section 5111.22 of the Revised Code.
Sec. 5111.257. Neither of the following shall affect the department of job and family services' determination of whether or when a change of operator occurs or the effective date of an entering operator's provider agreement under section 5111.251, section 5111.252, or, pursuant to section 5111.255, section 5111.22 of the Revised Code:
(A) The department of health's determination that a change of operator has or has not occurred for purposes of licensure under Chapter 3721. of the Revised Code;
(B) The department of mental retardation and developmental disabilities' determination that a change of operator has or has not occurred for purposes of licensure under section 5123.19 of the Revised Code.
Sec. 5111.26. (A) On receipt of a written notice under section 5111.24 of the Revised Code of a facility closure, voluntary termination, or voluntary withdrawal of participation or a written notice under section 5111.25 of the Revised Code of a change of operator, the department of job and family services shall determine the amount of any overpayments made under the medicaid program to the exiting operator, including overpayments the exiting operator disputes, and other actual and potential debts the exiting operator owes or may owe to the department and United States centers for medicare and medicaid services under the medicaid program. In determining the exiting operator's other actual and potential debts to the department under the medicaid program, the department shall include all of the following that the department determines is applicable:
(1) Refunds due the department under section 5111.27 of the Revised Code;
(2) Interest owed to the department and United States centers for medicare and medicaid services;
(3) Final civil monetary and other penalties for which all right of appeal has been exhausted;
(4) Third-party liabilities;
(5) Money owed the department and United States centers for medicare and medicaid services from any outstanding final fiscal audit, including a final fiscal audit for the last fiscal year or portion thereof in which the exiting operator participated in the medicaid program.
(B) If the department is unable to determine the amount of the overpayments and other debts for any period before the effective date of the entering operator's provider agreement or the effective date of the facility closure, voluntary termination, or voluntary withdrawal of participation, the department shall make a reasonable estimate of the overpayments and other debts for the period. The department shall make the estimate using information available to the department, including prior determinations of overpayments and other debts.
Sec. 5111.261. (A) The department of job and family services shall withhold the greater of the following from payment due an exiting operator under the medicaid program:
(1) The total amount of any overpayments made under the medicaid program to the exiting operator, including overpayments the exiting operator disputes, and other actual and potential debts, including any unpaid penalties, the exiting operator owes or may owe to the department and United States centers for medicare and medicaid services under the medicaid program;
(2) An amount equal to the average amount of monthly payments to the exiting operator under the medicaid program for the twelve-month period immediately preceding the month that includes the last day the exiting operator's provider agreement is in effect or, in the case of a voluntary withdrawal of participation, the effective date of the voluntary withdrawal of participation.
(B) The department may transfer the amount withheld under division (A) of this section to an escrow account with a bank, trust company, or savings and loan association.
(C) If payment due an exiting operator under the medicaid program is less than the amount the department is required to withhold under division (A) of this section, the department shall require that the exiting operator provide the difference in the form of a security.
(D) The department shall release to the exiting operator the actual amount withheld under division (A) of this section if the department allows the exiting operator to provide the department a security in the amount the department is required to withhold under division (A) of this section, less any of that amount provided to the department in the form of a security under division (C) of this section.
(E) Security provided to the department under division (C) or (D) of this section shall be in either or both of the following forms:
(1) In the case of a change of operator, the entering operator's nontransferable, unconditional, written agreement to pay the department any debt the exiting operator owes the department under the medicaid program;
(2) In the case of a change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation, a form of collateral or security acceptable to the department that satisfies both of the following conditions:
(a) Is at least equal to the amount the department is required to withhold under division (A) of this section, less any amounts the department has received through actual withholding or one or more other forms of security under this division;
(b) Is payable to the department if the exiting operator fails to pay any debt owed the department under the medicaid program within fifteen days of receiving the department's written demand for payment of the debt.
Sec. 5111.262. An entering operator that provides the department of job and family services a security in the form provided by division (E)(1) of section 5111.261 of the Revised Code shall also provide the department a list of the entering operator's assets and liabilities. The department shall determine whether the assets are sufficient for the purpose of the security.
Sec. 5111.263. (A) Except as provided in division (B) of this section, an exiting operator shall file with the department of job and family services a cost report not later than ninety days after the last day the exiting operator's provider agreement is in effect or, in the case of a voluntary withdrawal of participation, the effective date of the voluntary withdrawal of participation. The cost report shall cover the period that begins with the day after the last day covered by the operator's most recent previous cost report required by section 5111.23 of the Revised Code and ends on the last day the exiting operator's provider agreement is in effect or, in the case of a voluntary withdrawal of participation, the effective date of the voluntary withdrawal of participation. The cost report shall include, as applicable, all of the following:
(1) The sale price of the nursing facility or intermediate care facility for the mentally retarded;
(2) A final depreciation schedule that shows which assets are transferred to the buyer and which assets are not transferred to the buyer;
(3) Any other information the department requires.
(B) The department, at its sole discretion, may waive the requirement that an exiting operator file a cost report in accordance with division (A) of this section.
Sec. 5111.264. If an exiting operator required by section 5111.263 of the Revised Code to file a cost report with the department of job and family services fails to file the cost report in accordance with that section, all payments under the medicaid program for the period the cost report is required to cover are deemed overpayments until the date the department receives the properly completed cost report. The department may impose on the exiting operator a penalty of one hundred dollars for each calendar day the properly completed cost report is late.
Sec. 5111.265. The department of job and family services may not provide an exiting operator final payment under the medicaid program until the department receives all properly completed cost reports the exiting operator is required to file under sections 5111.23 and 5111.263 of the Revised Code.
Sec. 5111.266. The department of job and family services shall determine the actual amount of debt an exiting operator owes the department under the medicaid program by completing all final fiscal audits not already completed and performing all other appropriate actions the department determines to be necessary. The department shall issue a report on this matter not later than ninety days after the date the exiting operator files the properly completed cost report required by section 5111.263 of the Revised Code with the department or, if the department waives the cost report requirement for the exiting operator, one hundred eighty days after the date the department waives the cost report requirement. The report shall include the department's findings and the amount of debt the department determines the exiting operator owes the department and United States centers for medicare and medicaid services under the medicaid program. Only the parts of the report that are subject to an adjudication as specified in section 5111.31 of the Revised Code are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.267. The department of job and family services shall release the actual amount withheld under division (A) of section 5111.261 of the Revised Code, and any security provided to the department under that section, less any amount the exiting operator owes the department and United States centers for medicare and medicaid services under the medicaid program, as follows:
(A) Ninety-one days after the date the exiting operator files a properly completed cost report required by section 5111.263 of the Revised Code unless the department issues the report required by section 5111.266 of the Revised Code not later than ninety days after the date the exiting operator files the properly completed cost report;
(B) Not later than fifteen days after the exiting operator agrees to a final fiscal audit resulting from the report required by section 5111.266 of the Revised Code if the department issues the report not later than ninety days after the date the exiting operator files a properly completed cost report required by section 5111.263 of the Revised Code;
(C) One hundred eighty-one days after the date the department waives the cost report requirement of section 5111.263 of the Revised Code unless the department issues the report required by section 5111.266 of the Revised Code not later than one hundred eighty days after the date the department waives the cost report requirement;
(D) Not later than fifteen days after the exiting operator agrees to a final fiscal audit resulting from the report required by section 5111.266 of the Revised Code if the department issues the report not later than one hundred eighty days after the date the department waives the cost report requirement of section 5111.263 of the Revised Code.
Sec. 5111.268. If the actual amount the department of job and family services withholds from an exiting operator under division (A) of section 5111.261 of the Revised Code, and any security provided to the department under that section, is inadequate to pay the exiting operator's debt to the department and United States centers for medicare and medicaid services under the medicaid program or the department is required to release the withholdings and security under section 5111.267 of the Revised Code before the department is paid the exiting operator's debt, the department shall collect the debt as follows:
(A) From the exiting operator;
(B) From the entering operator if the department is unable to collect the entire debt from the exiting operator and the entering operator entered into a provider agreement under section 5111.251 or 5111.252 of the Revised Code. The department may collect the remaining debt by withholding the amount due from payments to the entering operator under the medicaid program. The department may enter into an agreement with the entering operator under which the entering operator pays the remaining debt, with applicable interest, in installments from withholdings from the entering operator's payments under the medicaid program.
Sec. 5111.269. The department of job and family services, at its sole discretion, may release the amount withheld under division (A) of section 5111.261 of the Revised Code, and any security provided to the department under that section, if the exiting operator submits to the department written notice of a postponement of a change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation and the transactions leading to the change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation are postponed for at least thirty days but less than ninety days after the date originally proposed for the change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation as reported in the written notice required by section 5111.24 or 5111.25 of the Revised Code. The department shall release the amount withheld and security if the exiting operator submits to the department written notice of a cancellation or postponement of a change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation and the transactions leading to the change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation are canceled, or postponed for more than ninety days after the date originally proposed for the change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation as reported in the written notice required by section 5111.24 or 5111.25 of the Revised Code.
After the department receives a written notice regarding a cancellation or postponement of a facility closure, voluntary termination, or voluntary withdrawal of participation, the exiting operator or owner shall provide new written notice to the department under section 5111.24 of the Revised Code regarding any transactions leading to a facility closure, voluntary termination, or voluntary withdrawal of participation at a future time. After the department receives a written notice regarding a cancellation or postponement of a change of operator, the exiting operator or owner and entering operator shall provide new written notice to the department under section 5111.25 of the Revised Code regarding any transactions leading to a change of operator at a future time.
Sec. 5111.2610. The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 5111.24 to 5111.269 of the Revised Code, including rules applicable to an exiting operator that provides written notification under section 5111.24 of the Revised Code of a voluntary withdrawal of participation. Rules adopted under this section shall comply with section 1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F), regarding restrictions on transfers or discharges of nursing facility residents in the case of a voluntary withdrawal of participation. The rules may prescribe a medicaid reimbursement methodology and other procedures that are applicable after the effective date of a voluntary withdrawal of participation that differ from the reimbursement methodology and other procedures that would otherwise apply.
Sec. 5111.25 5111.27. (A) The department of job and family
services
shall pay each eligible nursing facility a per resident
per day
rate
for its reasonable capital costs established
prospectively
each fiscal year
for each facility. Except as
otherwise provided
in sections 5111.20 to
5111.32 of the Revised
Code, the rate shall
be based on the facility's capital
costs for
the calendar year
preceding the fiscal year in which the rate will
be paid. The
rate shall equal the sum of divisions (A)(1) to (3)
of this
section:
(1) The lesser of the following:
(a) Eighty-eight and sixty-five one-hundredths per cent of
the facility's desk-reviewed, actual, allowable, per diem cost of
ownership and eighty-five per cent of the facility's actual,
allowable, per diem cost of nonextensive renovation determined
under division (F) of this section;
(b) Eighty-eight and sixty-five one-hundredths per cent of
the following
limitation:
(i) For the fiscal year beginning July 1, 1993, sixteen
dollars per resident day;
(ii) For the fiscal year beginning July 1, 1994, sixteen
dollars per resident day, adjusted to reflect the rate of
inflation for the twelve-month period beginning July 1, 1992, and
ending June 30, 1993, using the consumer price index for shelter
costs for all urban consumers for the north central region,
published by the United States bureau of labor statistics;
(iii) For subsequent fiscal years, the limitation in
effect
during the previous fiscal year, adjusted to reflect the
rate of
inflation for the twelve-month period beginning on the
first day
of July for the calendar year preceding the calendar
year that
precedes the fiscal year and ending on the following
thirtieth day
of June, using the consumer price index for shelter
costs for all
urban consumers for the north central region,
published by the
United States bureau of labor statistics.
(2) Any efficiency incentive determined under division (D)
of this section;
(3) Any amounts for return on equity determined under
division (H) of this section.
Buildings shall be depreciated using the straight line
method
over forty years or over a different period approved by
the
department. Components and equipment shall be depreciated
using
the straight-line method over a period designated in rules
adopted
by the director of job and family services in
accordance with
Chapter 119. of the
Revised Code, consistent with the guidelines
of the American
hospital association, or over a different period
approved by the
department. Any rules adopted under this division
that specify
useful lives of buildings, components, or equipment
apply only to
assets acquired on or after July 1, 1993.
Depreciation for costs
paid or reimbursed by any government agency
shall not be included
in cost of ownership or renovation unless
that part of the
payment under sections 5111.20 to 5111.32 of the
Revised Code is
used to reimburse the government agency.
(B) The capital cost basis of nursing facility assets
shall
be determined in the following manner:
(1) For purposes of calculating the rate to be paid for the
fiscal year beginning July 1, 1993, for facilities
with dates of
licensure on or before
June 30, 1993, the capital cost basis shall
be equal to the
following:
(a) For facilities that have not had a change of ownership
during the period beginning January 1, 1993, and ending June 30,
1993, the desk-reviewed, actual, allowable capital cost basis
that
is listed on the facility's cost report for the cost
reporting
period ending December 31, 1992, plus the actual,
allowable
capital cost basis of any assets constructed or
acquired after
December 31, 1992, but before July 1, 1993, if the
aggregate
capital costs of those assets would increase the
facility's rate
for capital costs by twenty or more cents per
resident per day.
(b) For facilities that have a date of licensure or had a
change of ownership during the period beginning January 1, 1993,
and ending June 30, 1993, the actual, allowable capital cost
basis
of the person or government entity that owns the facility
on June
30, 1993.
Capital cost basis shall be calculated as provided in
division (B)(1) of this section subject to approval by the United
States health care financing administration of any necessary
amendment to the state plan for providing medical assistance.
The department shall include the actual, allowable capital
cost basis of assets constructed or acquired during the period
beginning January 1, 1993, and ending June 30, 1993, in the
calculation for the facility's rate effective July 1, 1993, if
the
aggregate capital costs of the assets would increase the
facility's rate by twenty or more cents per resident per day and
the facility provides the department with sufficient
documentation
of the costs before June 1, 1993. If the facility
provides the
documentation after that date, the department shall
adjust the
facility's rate to reflect the costs of the assets one
month after
the first day of the month after the department
receives the
documentation.
(2) Except as provided in division (B)(4) of this
section,
for purposes of calculating the rates to be paid for
fiscal years
beginning after June 30, 1994, for
facilities with dates of
licensure on or before June 30,
1993, the capital cost basis of
each asset shall be equal to the
desk-reviewed, actual, allowable,
capital cost basis that is
listed on the facility's cost report
for the calendar year
preceding the fiscal year during which the
rate will be paid.
(3) For facilities with dates of licensure after June
30,
1993, the capital cost basis shall be determined in
accordance
with the principles of the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, except as otherwise provided in
sections
5111.20 to 5111.32 of the Revised Code.
(4) Except as provided in division (B)(5) of this
section,
if a provider transfers an interest in a facility to
another
provider
after June 30, 1993, there shall be no increase in the
capital
cost basis of the asset if the providers are related
parties. If
the providers are not related parties or if they are
related parties and
division (B)(5) of this section requires the
adjustment of the
capital cost basis under this division, the
basis of the asset
shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during
the
time that the transferor held the asset, as calculated by the
department of job and family services using the "Dodge
building
cost indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time that the
transferor held the asset.
(5) If a provider transfers an interest in a
facility to
another provider who is a related party, the capital cost basis of
the asset
shall be adjusted as specified in division
(B)(4) of
this section for a transfer to a provider that is not a
related
party if all of the following conditions are met:
(a) The related party is a relative
of owner;
(b) Except as provided in division
(B)(5)(c)(ii) of this
section, the
provider making the transfer
retains no ownership
interest in the facility;
(c) The department of job and family services
determines
that the transfer is an arm's length
transaction
pursuant to
rules
the department shall adopt in accordance with Chapter 119.
of the
Revised Code no later than December 31,
2000. The rules
shall
provide that a transfer is an arm's length transaction if all of
the following apply:
(i) Once the transfer goes into effect, the provider that
made
the transfer has no direct or indirect interest in the
provider that acquires
the facility or the
facility itself,
including interest as an owner, officer, director, employee,
independent contractor,
or consultant, but excluding interest as a
creditor.
(ii) The provider that made the transfer does not reacquire
an
interest in the facility except through the exercise of a
creditor's rights in
the event of a default. If the provider
reacquires an interest in the
facility in this
manner, the
department shall treat the facility as if the transfer
never
occurred when the department calculates its reimbursement
rates
for capital costs.
(iii) The transfer satisfies any other criteria specified in
the
rules.
(d) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a
provider making the transfer who is at least sixty-five
years of
age,
not less than twenty years have elapsed since, for the same
facility, the capital cost basis was adjusted most recently under
division
(B)(5) of this section or
actual, allowable cost of
ownership was determined most recently under
division (C)(9) of
this section.
(C) As used in this division, "lease expense" means lease
payments in the case of an operating lease and depreciation
expense and interest expense in the case of a capital lease. As
used in this division, "new lease" means a lease, to a different
lessee, of a nursing facility that previously was operated under
a
lease.
(1) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility that was effective on
May 27, 1992, the entire lease expense is an actual, allowable
cost of ownership during the term of the existing lease. The
entire lease expense also is an actual, allowable cost of
ownership if a lease in existence on May 27, 1992, is renewed
under either of the following circumstances:
(a) The renewal is pursuant to a renewal option that was
in
existence on May 27, 1992;
(b) The renewal is for the same lease payment amount and
between the same parties as the lease in existence on May 27,
1992.
(2) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility that was in existence
but not operated under a lease on May 27, 1992, actual, allowable
cost of ownership shall include the lesser of the annual lease
expense or the annual depreciation expense and imputed interest
expense that would be calculated at the inception of the lease
using the lessor's entire historical capital asset cost basis,
adjusted by the lesser of the following amounts:
(a) One-half of the change in construction costs during
the
time the lessor held each asset until the beginning of the
lease,
as calculated by the department using the "Dodge building
cost
indexes, northeastern and north central states," published
by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time the lessor
held
each asset until the beginning of the lease.
(3) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility with a date of
licensure on or after May 27, 1992, that is initially operated
under a lease, actual, allowable cost of ownership shall include
the annual lease expense if there was a substantial commitment of
money for construction of the facility after December 22, 1992,
and before July 1, 1993. If there was not a substantial
commitment of money after December 22, 1992, and before July 1,
1993, actual, allowable cost of ownership shall include the
lesser
of the annual lease expense or the sum of the following:
(a) The annual depreciation expense that would be
calculated
at the inception of the lease using the lessor's
entire historical
capital asset cost basis;
(b) The greater of the lessor's actual annual amortization
of financing costs and interest expense at the inception of the
lease or the imputed interest expense calculated at the inception
of the lease using seventy per cent of the lessor's historical
capital asset cost basis.
(4) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility with a date of
licensure on or after May 27, 1992, that was not initially
operated under a lease and has been in existence for ten years,
actual, allowable cost of ownership shall include the lesser of
the annual lease expense or the annual depreciation expense and
imputed interest expense that would be calculated at the
inception
of the lease using the entire historical capital asset
cost basis
of the lessor, adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during
the
time the lessor held each asset until the beginning of the
lease,
as calculated by the department using the "Dodge building
cost
indexes, northeastern and north central states," published
by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time the lessor
held
each asset until the beginning of the lease.
(5) Subject to the limitation specified in division (A)(1)
of this section, for a new lease of a facility that was operated
under a lease on May 27, 1992, actual, allowable cost of
ownership
shall include the lesser of the annual new lease
expense or the
annual old lease payment. If the old lease was in
effect for ten
years or longer, the old lease payment from the
beginning of the
old lease shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, from the beginning of the old
lease to the beginning of the new lease.
(6) Subject to the limitation specified in division (A)(1)
of this section, for a new lease of a facility that was not in
existence or that was in existence but not operated under a lease
on May 27, 1992, actual, allowable cost of ownership shall
include
the lesser of annual new lease expense or the annual
amount
calculated for the old lease under division (C)(2), (3),
(4), or
(6) of this section, as applicable. If the old lease was
in
effect for ten years or longer, the lessor's historical
capital
asset cost basis shall be adjusted by the lesser of the
following
for purposes of calculating the annual amount under
division
(C)(2), (3), (4), or (6) of this section:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, from the beginning of the old
lease to the beginning of the new lease.
In the case of a lease under division (C)(3) of this
section
of a facility for which a substantial commitment of money
was made
after December 22, 1992, and before July 1, 1993, the
old lease
payment shall be adjusted for the purpose of
determining the
annual amount.
(7) For any revision of a lease described in division
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any
subsequent lease of a facility operated under such a lease, other
than execution of a new lease, the portion of actual, allowable
cost of ownership attributable to the lease shall be the same as
before the revision or subsequent lease.
(8) Except as provided in division
(C)(9) of this section,
if a
provider leases an interest in a facility to another provider
who is a related
party, the related party's actual, allowable cost
of ownership shall
include the lesser of the annual lease expense
or the reasonable
cost to the lessor.
(9) If a provider leases an interest in a facility to
another provider who
is a related party, regardless of the date of
the lease, the related
party's actual, allowable cost of ownership
shall include the annual lease
expense, subject to the limitations
specified in divisions
(C)(1) to (7) of this section,
if all of
the following conditions are met:
(a) The related party is a relative of owner;
(b) If the lessor retains an
ownership interest, it is,
except as provided in division
(C)(9)(c)(ii) of this section, in
only the real property and any improvements
on the real property;
(c) The department of job and family services
determines
that the lease is an arm's length transaction
pursuant to
rules
the department shall adopt in accordance with Chapter 119.
of the
Revised Code no later than December 31,
2000. The rules
shall
provide that a lease is an arm's length transaction if all of the
following apply:
(i) Once the lease goes into effect, the lessor has no
direct or
indirect interest in the lessee or, except as provided
in division
(C)(9)(b) of this section, the facility itself,
including
interest as an owner, officer, director, employee,
independent contractor, or
consultant, but excluding interest
as a
lessor.
(ii) The lessor does not reacquire an interest in the
facility
except through the exercise of a lessor's rights in the
event of a default.
If the lessor reacquires
an interest in the
facility in this manner, the department shall
treat the facility
as if the lease never occurred when the
department calculates its
reimbursement rates for capital costs.
(iii) The lease satisfies any other criteria specified in
the
rules.
(d) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a lessor
who is at least sixty-five years of age, not less
than twenty
years have elapsed since, for the same facility, the
capital cost
basis was adjusted most recently under division
(B)(5) of this
section or
actual, allowable cost of ownership was determined most
recently under
division (C)(9) of this section.
(10) This division does not apply to leases of specific
items of equipment.
(D)(1) Subject to division (D)(2) of this section, the
department shall pay
each nursing facility an efficiency incentive
that is equal to fifty per cent
of the difference between the
following:
(a) Eighty-eight and sixty-five one-hundredths per cent of
the facility's
desk-reviewed, actual, allowable, per diem cost of
ownership;
(b) The applicable amount specified in division (E) of
this
section.
(2) The efficiency incentive paid to a
nursing facility
shall not exceed the greater of the following:
(a) The efficiency incentive the facility was paid
during
the fiscal year ending June 30, 1994;
(b) Three dollars per resident per day, adjusted
annually
for rates paid beginning July 1, 1994, for the
inflation rate for
the twelve-month period beginning on the first
day of July of the
calendar year preceding the calendar
year that precedes the fiscal
year for which the efficiency
incentive is determined and ending
on the thirtieth day of the
following June, using the consumer
price index for
shelter costs for all urban consumers for the
north central
region, as published by the United States
bureau of
labor statistics.
(3) For purposes of calculating the efficiency
incentive,
depreciation for costs that are paid or reimbursed by any
government agency shall be considered as costs of ownership, and
renovation costs that are paid under division (F) of this section
shall not be considered costs of ownership.
(E) The following amounts shall be used to calculate
efficiency incentives for nursing facilities under this section:
(1) For facilities with dates of licensure prior to
January
1, 1958, four dollars and twenty-four cents per patient
day;
(2) For facilities with dates of licensure after December
31, 1957, but prior to January 1, 1968:
(a) Five dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or more per bed;
(b) Four dollars and twenty-four cents per patient day if
the cost of construction was less than three thousand five
hundred
dollars per bed.
(3) For facilities with dates of licensure after December
31, 1967, but prior to January 1, 1976:
(a) Six dollars and twenty-four cents per patient day if
the
cost of construction was five thousand one hundred fifty
dollars
or more per bed;
(b) Five dollars and twenty-four cents per patient day if
the cost of construction was less than five thousand one hundred
fifty dollars per bed, but exceeded three thousand five hundred
dollars per bed;
(c) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(4) For facilities with dates of licensure after December
31, 1975, but prior to January 1, 1979:
(a) Seven dollars and twenty-four cents per patient day if
the cost of construction was six thousand eight hundred dollars
or
more per bed;
(b) Six dollars and twenty-four cents per patient day if
the
cost of construction was less than six thousand eight hundred
dollars per bed but exceeded five thousand one hundred fifty
dollars per bed;
(c) Five dollars and twenty-four cents per patient day if
the cost of construction was five thousand one hundred fifty
dollars or less per bed, but exceeded three thousand five hundred
dollars per bed;
(d) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(5) For facilities with dates of licensure after December
31, 1978, but prior to January 1, 1981:
(a) Seven dollars and seventy-four cents per patient day
if
the cost of construction was seven thousand six hundred
twenty-five dollars or more per bed;
(b) Seven dollars and twenty-four cents per patient day if
the cost of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeded six thousand eight
hundred dollars per bed;
(c) Six dollars and twenty-four cents per patient day if
the
cost of construction was six thousand eight hundred dollars
or
less per bed but exceeded five thousand one hundred fifty
dollars
per bed;
(d) Five dollars and twenty-four cents per patient day if
the cost of construction was five thousand one hundred fifty
dollars or less but exceeded three thousand five hundred dollars
per bed;
(e) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(6) For facilities with dates of licensure in 1981 or any
year thereafter prior to December 22, 1992, the following amount:
(a) For facilities with construction costs less than seven
thousand six hundred twenty-five dollars per bed, the applicable
amounts for the construction costs specified in divisions
(E)(5)(b) to (e) of this section;
(b) For facilities with construction costs of seven
thousand
six hundred twenty-five dollars or more per bed, six
dollars per
patient day, provided that for 1981 and annually
thereafter prior
to December 22, 1992, department shall do both
of the following to
the six-dollar amount:
(i) Adjust the amount for fluctuations in construction
costs
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift, using 1980 as the base year;
(ii) Increase the amount, as adjusted for inflation under
division (E)(6)(b)(i) of this section, by one dollar and
seventy-four cents.
(7) For facilities with dates of licensure on or after
January 1, 1992, seven dollars and ninety-seven cents, adjusted
for fluctuations in construction costs between 1991 and 1993 as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift, and then increased by one dollar and
seventy-four cents.
For the fiscal year that begins July 1, 1994, each of the
amounts listed in divisions (E)(1) to (7) of this section shall
be
increased by twenty-five cents. For the fiscal year that
begins
July 1, 1995, each of those amounts shall be increased by
an
additional twenty-five cents. For subsequent fiscal years,
each
of those amounts, as increased for the prior fiscal year,
shall be
adjusted to reflect the rate of inflation for the
twelve-month
period beginning on the first day of July of the
calendar year
preceding the calendar year that precedes the
fiscal year and
ending on the following thirtieth day of June,
using the consumer
price index for shelter costs for all urban
consumers for the
north central region, as published by the
United States bureau of
labor statistics.
If the amount established for a nursing facility under this
division is less than the amount that applied to the facility
under division (B) of former section 5111.25 of the Revised Code,
as the former section existed immediately prior to December 22,
1992, the amount used to calculate the efficiency incentive for
the facility under division (D)(2) of this section shall be the
amount that was calculated under division (B) of the former
section.
(F) Beginning July 1, 1993, regardless of the facility's
date of licensure or the date of the nonextensive renovations,
the
rate for the costs of nonextensive renovations for nursing
facilities shall be eighty-five per cent of the desk-reviewed,
actual, allowable, per diem, nonextensive renovation costs. This
division applies to nonextensive renovations regardless of
whether
they are made by an owner or a lessee. If the tenancy of
a lessee
that has made nonextensive renovations ends before the
depreciation expense for the renovation costs has been fully
reported, the former lessee shall not report the undepreciated
balance as an expense.
(1) For a nonextensive renovation made after July 1, 1993,
to qualify for payment under this division, both of the following
conditions must be met:
(a) At least five years have elapsed since the date of
licensure of the portion of the facility that is proposed to be
renovated, except that this condition does not apply if the
renovation is necessary to meet the requirements of federal,
state, or local statutes, ordinances, rules, or policies.
(b) The provider has obtained prior approval from the
department of job and family services, and if required
the
director of health has granted a certificate of need for the
renovation
under section 3702.52 of the Revised Code. The
provider shall submit a
plan that describes in detail the changes
in capital assets to be
accomplished by means of the renovation
and the timetable for
completing the project. The time for
completion of the project
shall be no more than eighteen months
after the renovation
begins. The department of job and family
services shall
adopt rules in accordance with Chapter 119. of the
Revised Code that specify
criteria and procedures for prior
approval of renovation
projects. No provider shall separate a
project with the intent
to evade the characterization of the
project as a renovation or
as an extensive renovation. No
provider shall increase the scope
of a project after it is
approved by the department of job and
family services unless the
increase in scope is approved by the
department.
(2) The payment provided for in this division is the only
payment that shall be made for the costs of a nonextensive
renovation. Nonextensive renovation costs shall not be included
in costs of ownership, and a nonextensive renovation shall not
affect the date of licensure for purposes of calculating the
efficiency incentive under divisions (D) and (E) of this section.
(G) The owner of a nursing facility operating under a
provider agreement shall provide written notice to the department
of job and family services at least forty-five days prior
to
entering into any contract of sale for the facility or voluntarily
terminating participation in the medical assistance program.
After
the date
on which a transaction of sale of a nursing facility or intermediate care facility for the mentally retarded is closed, the owner
shall
refund to the
department of job and family services the amount of excess depreciation
paid to
the facility by the
department for each year the owner has
operated the facility under a provider
agreement and prorated
according to the number of medicaid patient days for
which the
facility has received payment. If a nursing facility is sold
after
five or fewer years of operation under a provider
agreement,
the refund to the
department shall be equal to the excess
depreciation paid to the facility. If
a nursing facility is sold
after more than five years but less than ten years
of operation
under a provider agreement, the refund to the department shall
equal the excess depreciation paid to the facility multiplied by
twenty per cent, multiplied by the difference between ten and the
number of years that the facility was operated under a provider
agreement. If a nursing facility is sold after ten or more years
of operation under a provider agreement, the owner shall not
refund any excess depreciation to the department. The
owner of a nursing
facility that is sold or that
voluntarily terminates participation
in the medical assistance
program also shall refund any other
amount that the department
properly finds to be due after the a final fiscal
audit conducted under this
division the department shall conduct. For the purposes of this
division, "depreciation paid
to the facility" means the amount
paid to the nursing facility
for cost of ownership pursuant to
this section less any amount
paid for interest costs, amortization
of financing
costs, and lease expenses. For the purposes of this
division, "excess depreciation" is the nursing facility's
depreciated
basis, which is the owner's cost less accumulated
depreciation,
subtracted from the purchase price net of selling
costs
but not exceeding the amount
of depreciation paid to the
facility.
A cost report shall be filed with the department within
ninety days after the date on which the transaction of sale is
closed or participation is voluntarily terminated. The report
shall show the accumulated depreciation, the sales price, and
other information required by the department. The
department
shall provide for a bank, trust company, or savings and loan
association to hold in escrow the amount of the
last two monthly
payments to a nursing facility made pursuant to
division (A)(1) of
section 5111.22 of the Revised Code before a
sale or termination
of participation
or, if the owner
fails, within the time required
by this division, to notify the
department before entering into a
contract of sale for the
facility, the amount of the first two
monthly payments made to the
facility after the department learns
of the contract, regardless
of whether a new owner is in
possession of the facility. If the
amount the owner will be
required to refund under this
section is
likely to be less than
the amount of the
two
monthly payments
otherwise put into escrow
under this division, the department
shall take one of the
following
actions instead of withholding the
amount of the
two
monthly
payments:
(1) In the case of an owner that owns other facilities
that
participate in the medical assistance program, obtain a
promissory
note in an amount sufficient to cover the amount
likely to be
refunded;
(2) In the case of all other owners, withhold the amount
of
the last monthly payment to the nursing facility
or, if the owner
fails, within the time required by this division, to notify the
department before entering into a contract of sale for the
facility, the amount of the first monthly payment made to the
facility after the department learns of the contract, regardless
of whether a new owner is in possession of the facility.
The department shall, within ninety days following the
filing
of the cost report, audit the cost report and issue an
audit
report to the owner. The department also may audit any
other cost
report that the facility has filed during the previous
three
years. In the audit report, the department shall state its
findings and the amount of any money owed to the department by
the
nursing facility. The findings shall be subject to
adjudication
conducted in accordance with Chapter 119. of the
Revised Code. No
later than fifteen days after the owner agrees
to a settlement,
any funds held in escrow less any amounts due to
the department
shall be released to the owner and amounts due to
the department
shall be paid to the department. If the amounts
in escrow are
less than the amounts due to the department, the
balance shall be
paid to the department within fifteen days after
the owner agrees
to a settlement. If the department does not
issue its audit
report within the ninety-day period, the
department shall release
any money held in escrow to the owner.
For the purposes of this
section, a transfer of corporate stock,
the merger of one
corporation into another, or a consolidation
does not constitute a
sale.
If a nursing facility is not sold or its participation is
not
terminated after notice is provided to the department under
this
division, the department shall order any payments held in
escrow
released to the facility upon receiving written notice
from the
owner that there will be no sale or termination. After
written
notice is received from a nursing facility that a sale or
termination will not take place, the facility shall provide
notice
to the department at least forty-five days prior to
entering into
any contract of sale or terminating participation
at any future
time.
(H) The department shall pay each eligible proprietary
nursing facility a return on the facility's net equity computed
at
the rate of one and one-half times the average interest rate
on
special issues of public debt obligations issued to the
federal
hospital insurance trust fund for the cost reporting
period,
except that no facility's return on net equity shall
exceed
fifty
cents per patient day.
When calculating the rate for return on net equity, the
department shall use the greater of the facility's inpatient days
during the applicable cost reporting period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(I) If a nursing facility would receive a lower rate for
capital costs for assets in the facility's possession on July 1,
1993, under this section than it would receive under former
section 5111.25 of the Revised Code, as the former section
existed
immediately prior to December 22, 1992, the facility
shall receive
for those assets the rate it would have received
under the former
section for each fiscal year beginning on or
after July 1, 1993,
until the rate it would receive under this
section exceeds the
rate it would have received under the former
section. Any
facility that receives a rate calculated under the
former section
5111.25 of the Revised Code for assets in the
facility's
possession on July 1, 1993, also shall receive a rate
calculated
under this section for costs of any assets it
constructs or
acquires after July 1, 1993.
Sec. 5111.28. (A) If a provider properly amends its cost
report under section 5111.27 of the Revised Code and the amended
report shows that the provider received a lower rate under the
original cost report than it was entitled to receive, the
department shall adjust the provider's rate prospectively to
reflect the corrected information. The department shall pay the
adjusted rate beginning two months after the first day of the
month after the provider files the amended cost report. If the
department finds, from an exception review of resident assessment
information conducted after the effective date of the rate for
direct care costs that is based on the assessment information,
that inaccurate assessment information resulted in the provider
receiving a lower rate than it was entitled to receive, the
department prospectively shall adjust the provider's rate
accordingly and shall make payments using the adjusted rate for
the remainder of the calendar quarter for which the assessment
information is used to determine the rate, beginning one month
after the first day of the month after the exception review is
completed.
(B) If the a provider properly amends its cost report pursuant to rules adopted under
section 5111.27 5111.32 of the Revised Code, the department of job and family services makes a
finding based on an audit administrative review or final fiscal audit conducted pursuant to rules adopted under that section, or the department
makes a finding based on an exception review of resident
assessment information conducted pursuant to rules adopted under that section after the
effective date of the rate for direct care costs that is based on
the assessment information, any of which results in a
determination that the provider has received a higher rate for services provided in a fiscal year specified in division (F) of this section than
it
was entitled to receive, the department shall recalculate the
provider's rate using the revised information. The department
shall apply the recalculated rate to the periods when the
provider
received the incorrect rate to determine the amount of
the
overpayment. The provider shall refund the amount of the
overpayment.
In addition to requiring a refund under this division, the
department may charge the provider interest at the applicable
rate
specified in this division from the time the overpayment was
made.
(1) If the overpayment resulted from costs reported for
calendar year 1993, the interest shall be no greater than one and
one-half times the average bank prime rate.
(2) If the overpayment resulted from costs reported for
subsequent calendar years:
(a) The interest shall be no greater than two times the
average bank prime rate if the overpayment was equal to or less
than one per cent of the total medicaid payments to the provider
for the fiscal year for which the incorrect information was used
to establish a rate.
(b) The interest shall be no greater than two and one-half
times the
current average bank prime rate if the overpayment was
greater
than one per cent of the total medicaid payments to the
provider
for the fiscal year for which the incorrect information
was used
to establish a rate.
(C)(B) The department also may impose the following
penalties:
(1) If a provider does not furnish invoices or other
documentation that the department requests during an a final fiscal audit regarding a service provided in a fiscal year specified in division (F) of this section within
sixty days after the request, no more than the greater of one
thousand dollars per audit or twenty-five per cent of the
cumulative amount by which the costs for which documentation was
not furnished increased the total medicaid payments to the
provider during the fiscal year for which the costs were used to
establish a rate;
(2) If an
owner exiting operator
fails to provide a properly completed notice of
sale of
the
facility
or facility closure, voluntary termination, voluntary withdrawal of participation in the
medical
assistance program, or change of operator, as
required by
section 5111.24 or
5111.25 or 5111.251 of
the Revised
Code,
no more than
the current average bank prime
rate plus four per cent of the last an amount equal to
two times the average amount of
monthly
payments to the exiting operator under the medicaid program for the twelve-month period immediately preceding the month that includes the last day the exiting operator's provider agreement is in effect or, in the case of a voluntary withdrawal of participation, the effective date of the voluntary withdrawal of participation.
(D)(C) If the provider continues to participate in the medical
assistance medicaid program, the department shall deduct any amount that
the provider is required to refund under this section, and the
amount of any interest charged or penalty imposed under this
section, from the next available payment from the department to
the provider. The department and the provider may enter into an
agreement under which the amount, together with interest, is
deducted in installments from payments from the department to the
provider.
If the provider does not continue to participate in the medicaid program, the department shall collect any amount that the provider owes to the department under this section from the withholding, security, or both that the department makes or requires under section 5111.261 of the Revised Code.
(E)(D) The department shall transmit refunds and penalties to
the treasurer of state for deposit in the general revenue fund.
(F)(E) For the purpose of this section, the department shall
determine the average bank prime rate using statistical release
H.15,
"selected interest rates," a weekly publication of the
federal reserve board, or any successor publication. If
statistical release H.15, or its successor, ceases to contain the
bank prime rate information or ceases to be published, the
department shall request a written statement of the average bank
prime rate from the federal reserve bank of Cleveland or the
federal reserve board.
(F) For the purpose of divisions (A) and (B)(1) of this section, the applicable fiscal years are the fiscal years preceding fiscal year 2006 and, to the extent provided for in rules the director of job and family services may adopt in accordance with Chapter 119. of the Revised Code, fiscal year 2006 and thereafter.
Sec. 5111.33 5111.29. Reimbursement to nursing facilities and
intermediate care facilities for the mentally retarded under
sections 5111.20 to 5111.32 rules adopted under section 5111.02 of the Revised Code shall include
payments to facilities, at a rate equal to the percentage of the
per resident per day rates that the department of job and family
services
has established for the facility under sections 5111.23 to
5111.29 of the Revised Code those rules for the fiscal year for which the
cost of services is reimbursed, to reserve a bed for a recipient
during a temporary absence under conditions prescribed by the
department, to include hospitalization for an acute condition,
visits with relatives and friends, and participation in
therapeutic programs outside the facility, when the resident's
plan of care provides for such absence and federal participation
in the payments is available. The maximum period during which
payments may be made to reserve a bed shall not exceed the
maximum period specified under federal regulations, and shall not
be more than thirty days during any calendar year for hospital
stays, visits with relatives and friends, and participation in
therapeutic programs. Recipients who have been identified by the
department as requiring the level of care of an intermediate care
facility for the mentally retarded shall not be subject to a
maximum period during which payments may be made to reserve a bed
if prior authorization of the department is obtained for hospital
stays, visits with relatives and friends, and participation in
therapeutic programs. The director of job and family
services shall adopt rules under
division (B) of section 5111.02 of the Revised Code establishing
conditions under which prior authorization may be obtained.
Sec. 5111.263 5111.30. (A) As used in this section, "covered
therapy services" means physical therapy, occupational therapy,
audiology, and speech therapy services that are provided by
appropriately licensed therapists or therapy assistants and that
are covered for nursing facility residents either by the medicare
program established under Title XVIII of the "Social Security
Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301 1395, as amended, or the
medical assistance medicaid program as specified in rules adopted by the
director of job and family
services in accordance with Chapter 119. of
the Revised Code.
(B) Except as provided in division (G) of this section,
the The costs of therapy are not allowable costs for nursing
facilities for the purpose of determining rates under sections
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25,
5111.251, 5111.255, and 5111.257 of the Revised Code the medicaid program.
(C) The department of job and family services shall
process no
claims for payment under the medical assistance medicaid program for
covered therapy services rendered to a resident of a nursing
facility other than such claims submitted, in accordance with
this section, by a nursing facility that has
a valid provider agreement with the department.
(D) Nursing facilities that have entered into a provider
agreement may bill the department of job and family services for covered
therapy services it provides to residents of any nursing facility
who are recipients of the medical assistance medicaid program and not
eligible for the medicare program.
(E) The department shall not process any claim for a
covered therapy service provided to a nursing facility resident
who is eligible for the medicare program unless the claim is for
a copayment or deductible or the conditions in division (E)(1) or
(2) of this section apply:
(1) The covered therapy service provided is, under the
federal statutes, regulations, or policies governing the medicare
program, not covered by the medicare program and the service is,
under the provisions of this chapter or the rules adopted under
this chapter, covered by the medical assistance medicaid program.
(2) All of the following apply:
(a) The individual or entity who provided the covered
therapy service was eligible to bill the medicare program for the
service.
(b) A complete, accurate, and timely claim was submitted
to the medicare program and the program denied payment for the
service as not medically necessary for the resident. For the
purposes of division (E)(2)(b) of this section, a claim is not
considered to have been denied by the medicare program until
either a denial has been issued following a medicare fair hearing
or six months have elapsed since the request for a fair hearing
was filed.
(c) The facility is required to provide or arrange for the
provision of the service by a licensed therapist or therapy
assistant to be in compliance with federal or state nursing
facility certification requirements for the medical assistance medicaid
program.
(d) The claim for payment for the services under the
medical assistance medicaid program is accompanied by documentation that
divisions (E)(2)(b) and (c) of this section apply to the service.
(F) The reimbursement allowed by the department for
covered therapy services provided to nursing facility residents
and billed under division (D) or (E) of this section shall be
fifteen per cent less than the fees it pays for the same services
rendered to hospital outpatients. The director may
adopt rules
in accordance with Chapter 119. of the Revised Code establishing
comparable fees for covered therapy services that are not
included in its schedule of fees paid for services rendered to
hospital outpatients.
(G) A nursing facility's reasonable costs for
rehabilitative, restorative, or maintenance therapy services
rendered to facility residents by nurses or nurse aides, and the
facility's overhead costs to support provision of therapy
services provided to nursing facility residents, are allowable
costs for the purposes of establishing rates under sections
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25,
5111.251, 5111.255, and 5111.257 of the Revised Code.
Sec. 5111.29 5111.31. (A) The director of
job and family services
shall
adopt rules in accordance with Chapter 119. of the Revised
Code
that establish a process under which a nursing facility or
intermediate care facility for the mentally retarded, or a group
or association of facilities, may seek reconsideration of rates
established under sections 5111.23 to 5111.28 of the Revised
Code,
including a rate for direct care costs recalculated before
the
effective date of the rate as a result of an exception review
of
resident assessment information conducted under section
5111.27 of
the Revised Code.
(1) Except as provided in divisions (A)(2) to (4) of this
section, the only issue that a facility, group, or association
may
raise in the rate reconsideration shall be whether the rate
was
calculated in accordance with sections 5111.23 to 5111.28 of
the
Revised Code and the rules adopted under those sections. The
rules shall permit a facility, group, or association to submit
written arguments or other materials that support its position.
The rules shall specify time frames within which the facility,
group, or association and the department must act. If the
department determines, as a result of the rate reconsideration,
that the rate established for one or more facilities is less than
the rate to which it is entitled, the department
shall increase
the rate. If the department has paid the incorrect rate for a
period of time, the department shall pay the facility the
difference between the amount it was paid for that period and the
amount it should have been paid.
(2) The rules shall provide that during a fiscal year, the
department, by means of the rate reconsideration process, may
increase a facility's rate as calculated under sections 5111.23
to
5111.28 of the Revised Code if the facility demonstrates that
its
actual, allowable costs have increased because of extreme
circumstances. A facility may qualify for a rate increase only
if
its per diem, actual, allowable costs have increased to a
level
that exceeds its total rate, including any efficiency
incentive
and return on equity payment. The rules shall specify
the
circumstances that would justify a rate increase under
division
(A)(2) of this section.
In the case of nursing facilities, the
rules shall provide that the extreme circumstances include
increased security costs for an inner-city nursing facility and an
increase in workers'
compensation experience rating of greater
than five per cent for a facility that has an appropriate claims
management program but do not
include a change of ownership that
results from bankruptcy,
foreclosure, or findings of violations of
certification
requirements by the department of health. In the
case of
intermediate care facilities for the mentally retarded,
the rules
shall provide that
the extreme circumstances include,
but are not
limited to,
renovations approved under division (D) of
section
5111.251 of
the Revised Code, an increase in workers'
compensation
experience
rating of greater than five per cent for a
facility
that has an
appropriate claims management program,
increased
security costs
for an inner-city facility, and a change
of
ownership
that
results from bankruptcy, foreclosure,
or
findings
of violations
of certification requirements by the
department of
health. An
increase under division (A)(2) of this
section is
subject to any
rate limitations or maximum rates
established by
sections 5111.23
to 5111.28 of the Revised Code for
specific cost
centers. Any
rate increase granted under division
(A)(2) of this
section shall
take effect on the first day of the
first month
after the
department receives the request.
(3) The rules shall provide that the department, through
the
rate reconsideration process, may increase a facility's rate
as
calculated under sections 5111.23 to 5111.28 of the Revised
Code
if the department, in its sole discretion, determines that
the
rate as calculated under those sections works an extreme
hardship
on the facility.
(4) The rules shall provide that when beds certified for
the
medical assistance program are added to an existing facility,
replaced at the same site, or subject to a change of
ownership or
lease, the department, through the rate reconsideration
process,
shall increase the facility's rate for capital costs
proportionately, as limited by any applicable limitation under
section 5111.25 or 5111.251 of the Revised Code, to account for
the costs of the beds that are added, replaced, or subject to a
change of
ownership or lease. The department shall make
this
increase one month after the first day of the month after the
department receives sufficient documentation of the costs.
Any
rate increase granted under division (A)(4) of
this section after
June 30, 1993, shall remain in effect
until the effective date of
a rate calculated under section
5111.25 or 5111.251 of the Revised
Code that includes costs incurred for a full
calendar year for the
bed addition, bed replacement, or change of
ownership or lease.
The facility shall report double
accumulated
depreciation in an
amount equal to the depreciation included in
the rate adjustment
on its cost report for the first year of
operation. During the
term of any
loan used to finance a project
for
which a rate
adjustment is granted under division
(A)(4) of
this section, if
the
facility is operated by the same provider,
the facility shall
subtract from the interest costs it reports on
its cost report
an
amount equal to the difference between the
following:
(a) The actual, allowable interest
costs for the loan during
the calendar year for which the costs
are being reported;
(b) The actual, allowable interest
costs attributable to the
loan that were used to calculate the
rates paid to the facility
during the same calendar year.
(5) The department's decision at the conclusion of the
reconsideration process shall not be subject to any
administrative
proceedings under Chapter 119. or any other
provision of the
Revised Code.
(B) Any audit disallowance All of the following are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code:
(A) Any adverse finding that the department of job and family services makes as
the
result of an pursuant to a final fiscal audit conducted pursuant to rules adopted under section 5111.27 5111.32 of the Revised Code,
any;
(B) Any
adverse finding that results from an exception review of
resident
assessment information conducted pursuant to rules adopted under that section 5111.32 of the Revised Code
after the
effective date of the facility's rate that is based on
the
assessment information, and any;
(C) Any penalty the department
imposes
under division (C) of section 5111.264 or 5111.28 of the Revised Code
shall be
subject to an adjudication conducted in accordance with
Chapter
119. of the Revised Code.
Sec. 5111.32. The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code regarding all of the following:
(A) Administrative reviews;
(D) The collection of overpayments identified in findings made pursuant to an administrative review, final fiscal audit, or exception review;
Sec. 5111.34. (A) There is hereby created the nursing
facility reimbursement study council consisting
of the following
seventeen eighteen members:
(1) The director of job and family services;
(2) The deputy director of the office of Ohio health plans
of the department of job and family services;
(3) An employee of the governor's office;
(4) The director of health;
(5) The director of aging;
(6)
Three members of the house of representatives,
not
more
than two of whom are members of the same political party,
appointed
by the speaker of the house of representatives;
(7)
Three members of the senate,
not more than two of
whom
are members of the same political party, appointed by the
president
of
the senate;
(8) One representative of medicaid recipients residing in nursing facilities, appointed by the governor;
(9) Two representatives of each of the following
organizations, appointed by their respective governing bodies:
(a) The Ohio academy of nursing homes;
(b) The association of Ohio philanthropic homes and
housing
for the aging;
(c) The Ohio health care association.
Initial appointments of members described in divisions
(A)(6), (7), and (8)(9) of this section shall be made no later
than
ninety days after
June 6,
2001,
except that the initial
appointments of the two additional members
described in divisions
(A)(6) and (7) of this section added by
Am. Sub. H.B. 405 of the
124th
general assembly shall be made not
later than ninety days
after
the effective date of this amendment
March 14, 2002.
Initial appointment of the member described in division (A)(8) of this section shall be made not later than ninety days after the effective date of this amendment. Vacancies
in any of
those
appointments shall be filled in
the same
manner as
original
appointments. The members described
in
divisions
(A)(6), (7),
and (8), and (9) of this section shall serve at
the
pleasure
of the
official or governing body appointing the
member.
The
members
described in divisions (A)(1), (2), (3), (4),
and (5)
of
this
section shall serve for as long as they hold the
position
that
qualifies them for membership on the council. The
speaker of
the
house of representatives and the president of the
senate
jointly
shall appoint the chairperson of the council.
Members of
the
council
shall serve without compensation.
(B) The council shall review, on an ongoing basis, the
system
established by sections 5111.20 to 5111.32 of the Revised
Code advise the department of job and family services in the development of a new method
for reimbursing nursing facilities under the medical
assistance
program to be implemented beginning fiscal year 2006. The council shall recommend any changes
it
determines are necessary. The council periodically shall
report
its activities, findings, and recommendations to
the governor, the
speaker of the house of representatives, and the
president of the
senate.
Sec. 5111.85. (A) As used in this section,
"medicaid
waiver component" means a component of the medicaid program
authorized by a waiver granted by the United States department of
health and human services under section 1115 or 1915 of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or
1396n.
"Medicaid waiver component" does not include a managed
care
management system established under section 5111.17 5111.16 of the Revised Code.
(B) The director of job and family services may adopt
rules
under Chapter 119. of the Revised Code governing medicaid
waiver
components that establish all of the following:
(1) Eligibility requirements for the medicaid waiver
components;
(2) The type, amount, duration, and scope of services the
medicaid waiver components provide;
(3) The conditions under which the medicaid waiver
components cover services;
(4) The amount the medicaid waiver components pay for
services or the method by which the amount is determined;
(5) The manner in which the medicaid waiver components pay
for services;
(6) Safeguards for the health and welfare of medicaid
recipients receiving services under a medicaid waiver component;
(7) Procedures for enforcing the rules, including
establishing corrective action plans for, and imposing financial
and administrative sanctions on, persons and government entities
that violate the rules. Sanctions shall include terminating
medicaid provider agreements. The procedures shall include due
process
protections.
(8) Other policies necessary for the efficient
administration of the medicaid waiver components.
(C) The director of job and family services may adopt
different rules for the different medicaid waiver components. The
rules shall be consistent with the terms of the waiver authorizing
the medicaid waiver component.
(D) The director of job and family services may conduct
reviews of the medicaid waiver components. The reviews may
include physical inspections of records and sites where services
are provided under the medicaid waiver components and interviews
of providers and recipients of the services. If the director
determines pursuant to a review that a person or government entity
has violated a rule governing a medicaid waiver component, the
director may
establish a corrective action plan for the violator
and impose
fiscal, administrative, or both types of sanctions on
the violator
in accordance with rules adopted under division (B)
of this
section.
Sec. 5111.87. As used in this section and section 5111.871
of
the Revised Code, "intermediate care facility for the mentally
retarded" has the same meaning as in section 5111.20 of the
Revised Code.
The director of job and family services may apply to the
United States secretary of health and human services for one or
more medicaid waivers under which home and community-based
services
are provided to individuals with mental retardation or
other
developmental disability as an alternative to placement in
an
intermediate care facility for the mentally retarded. Before
the director applies The director of mental retardation and developmental disabilities may request that the director of job and family services apply for one or more medicaid waivers under this section.
Before applying for a waiver under this section, the director of job and family services
shall seek, accept, and consider public comments.
Sec. 5111.872. When the department of mental retardation and
developmental disabilities allocates enrollment numbers to a
county board of mental retardation and developmental disabilities
for home and community-based services provided under the component
of the medicaid program that the department administers under
section 5111.871 of the Revised Code, the department shall
consider all of the following:
(A) The number of individuals with mental retardation or
other developmental disability who are on a waiting list the
county board establishes under division (C) of section 5126.042 of
the Revised Code for those services and are given priority on the
waiting list pursuant to division (D) or (E) of that section;
(B) The implementation component required by division
(A)(4)
of section 5126.054 of the Revised Code of the county
board's plan
approved under section 5123.046 of the Revised Code;
(C) Anything else the department considers necessary to
enable county boards to provide those services to individuals in
accordance with the priority requirements of
division divisions
(D) and (E) of
section 5126.042 of the Revised Code.
Sec. 5111.88. (A) As used in sections 5111.88 to 5111.882 of the Revised Code, "intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
(B) Not later than January 1, 2005, the director of job and family services shall submit both of the following to the United States secretary of health and human services:
(1) An application for a waiver under which individuals with mental retardation or a developmental disability who would qualify for the intermediate care facility for the mentally retarded service if that service continued to be available under Ohio's medicaid program receive instead home and community-based services;
(2) An amendment to the state medicaid plan to terminate the intermediate care facility for the mentally retarded service under the medicaid program on the date the waiver requested under division (B)(1) of this section begins to be implemented.
Sec. 5111.881. If the United States secretary of health and human services approves the waiver requested under division (B)(1) of section 5111.88 of the Revised Code and the amendment to the state medicaid plan submitted under division (B)(2) of that section is approved, the intermediate care facility for the mentally retarded service shall cease to be a covered service under the medicaid program on the date the waiver begins to be implemented.
Sec. 5111.882. If the United States secretary of health and human services approves the waiver requested under division (B)(1) of section 5111.88 of the Revised Code, the department of job and family services shall enter into a contract with the department of mental retardation and developmental disabilities under section 5111.91 of the Revised Code that assigns the day-to-day administration of the waiver to the department of mental retardation and developmental disabilities.
Sec. 5111.911. Any contract the department of job and family services enters into with the department of mental health or department of alcohol and drug addiction services under section 5111.91 of the Revised Code is subject to the approval of the director of budget and management and shall require or specify all of the following:
(A) In the case of a contract with the department of mental health, that section 5111.912 of the Revised Cdoe be complied with;
(B) In the case of a contract with the department of alcohol and drug addiction services, that section 5111.913 of the Revised Code be complied with;
(C) How providers will be paid for providing the services;
(D) The department of mental health's or department of alcohol and drug addiction services' responsibilities for reimbursing providers, including program oversight and quality assurance.
Sec. 5111.912. If the department of job and family services enters into a contract with the department of mental health under section 5111.91 of the Revised Code, the department of mental health and boards of alcohol, drug addiction, and mental health services shall pay the nonfederal share of any medicaid payment to a provider for services under the component, or aspect of the component, the department of mental health administers.
Sec. 5111.913. If the department of job and family services enters into a contract with the department of alcohol and drug addiction services under section 5111.91 of the Revised Code, the department of alcohol and drug addiction services and boards of alcohol, drug addiction, and mental health services shall pay the nonfederal share of any medicaid payment to a provider for services under the component, or aspect of the component, the department of alcohol and drug addiction services administers.
Sec. 5111.94. (A) As used in this section, "vendor
offset" means a reduction of a medicaid payment to a medicaid
provider to correct a previous, incorrect medicaid payment to that
provider.
(B) There is hereby created in the state treasury the
health
care services administration fund. Except as provided in
division
(C) of this section, all the following shall be
deposited into
the fund:
(1) Amounts deposited into the fund pursuant to sections
5111.92 and 5111.93 of the Revised Code;
(2) The amount of the state share of all money the
department of job and family services, in fiscal year 2003 and
each fiscal year thereafter, recovers pursuant to a tort action
under the department's right of recovery under section 5101.58 of
the Revised Code that exceeds the state share of all money the
department, in fiscal year 2002, recovers pursuant to a tort
action under that right of recovery;
(3) Subject to division (D) of this section, the amount of
the state share of all money the department of job and family
services, in fiscal year 2003 and each fiscal year thereafter,
recovers through audits of medicaid providers that exceeds the
state share of all money the department, in fiscal year 2002,
recovers through such audits;
(4) Until October 16, 2003, amounts Amounts from assessments on
hospitals under section 5112.06 of the Revised Code and
intergovernmental transfers by governmental hospitals under
section 5112.07 of the Revised Code that are deposited into the
fund in accordance with the law.
(C) No funds shall be deposited into the health care
services administration fund in violation of federal statutes or
regulations.
(D) In determining under division (B)(3) of this section
the
amount of money the department, in a fiscal year, recovers
through
audits of medicaid providers, the amount recovered in the
form of
vendor offset shall be excluded.
(E) The director of job and family services shall use funds
available in the health care services administration fund to pay
for costs associated with the administration of the medicaid
program.
Sec. 5111.95. (A) As used in this section:
(1) "Applicant" means a person who is under final consideration for employment or, after the effective date of this section, an existing employee with a waiver agency in a full-time, part-time, or temporary position that involves providing home and community-based waiver services to a person with disabilities. "Applicant" also means an existing employee with a waiver agency in a full-time, part-time, or temporary position that involves providing home and community-based waiver services to a person with disabilities after the effective date of this section.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "Waiver agency" means a person or government entity that is not certified under the medicare program and is accredited by the community health accreditation program or the joint commission on accreditation of health care organizations or a company that provides home and community-based waiver services to persons with disabilities through any department of job and family services administered home and community-based waiver services.
(4) "Home and community-based waiver services" means services furnished under the provision of 42 C.F.R. 441, subpart G, that permit individuals to live in a home setting rather than a nursing facility or hospital. Home and community-based waiver services are approved by the county medical services section of the department of job and family services for specific populations and are not otherwise available under the medicaid state plan.
(B)(1) The chief administrator of a waiver agency shall request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check with respect to each applicant. If an applicant for whom a criminal records check request is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of the applicant. Even if an applicant for whom a criminal records check request is required under this division presents proof of having been a resident of this state for the five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) A person required by division (B)(1) of this section to request a criminal records check shall do both of the following:
(a) Provide to each applicant for whom a criminal records check request is required under division (B)(1) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section, and obtain the completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under division (B)(2)(a) of this section who fails to complete the form or provide fingerprint impressions shall not be employed in any position in a waiver agency for which a criminal records check is required by this section.
(C)(1) Except as provided in rules adopted by the department of job and family services in accordance with division (F) of this section and subject to division (C)(2) of this section, no waiver agency shall employ a person in a position that involves providing home and community-based waiver services to persons with disabilities if the person has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(1)(a) of this section.
(2)(a) A waiver agency may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section prior to obtaining the results of a criminal records check regarding the individual, provided that the agency shall request a criminal records check regarding the individual in accordance with division (B)(1) of this section not later than five business days after the individual begins conditional employment.
(b) A waiver agency that employs an individual conditionally under authority of division (C)(2)(a) of this section shall terminate the individual's employment if the results of the criminal records check request under division (B) of this section, other than the results of any request for information from the federal bureau of investigation, are not obtained within the period ending sixty days after the date the request is made. Regardless of when the results of the criminal records check are obtained, if the results indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in division (C)(1) of this section, the agency shall terminate the individual's employment unless the agency chooses to employ the individual pursuant to division (F) of this section. Termination of employment under this division shall be considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the individual makes any attempt to deceive the agency about the individual's criminal record.
(D)(1) Each waiver agency shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to a request made under division (B) of this section.
(2) A waiver agency may charge an applicant a fee not exceeding the amount the agency pays under division (D)(1) of this section. An agency may collect a fee only if the agency notifies the person at the time of initial application for employment of the amount of the fee and that, unless the fee is paid, the person will not be considered for employment.
(E) The report of any criminal records check conducted pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the individual's representative;
(2) The chief administrator of the agency requesting the criminal records check or the administrator's representative;
(3) A court, hearing officer, or other necessary individual involved in a case dealing with a denial of employment of the applicant or dealing with employment or unemployment benefits of the applicant.
(F) The department shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which a waiver agency may employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section but meets personal character standards set by the department.
(G) The chief administrator of a waiver agency shall inform each person, at the time of initial application for a position that involves providing home and community-based waiver services to a person with a disability, that the person is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the person comes under final consideration for employment.
(H)(1) A person who, on the effective date of this section, is an employee of a waiver agency in a full-time, part-time, or temporary position that involves providing home and community-based waiver services to a person with disabilities shall comply with this section within sixty days after the effective date of this section unless division (H)(2) of this section applies.
(2) This section shall not apply to a person to whom both of the following apply:
(a) On the effective date of this section, the person is an employee of a waiver agency in a full-time, part-time, or temporary position that involves providing home and community-based waiver services to a person with disabilities.
(b) The person previously had been the subject of a criminal background check relating to that position;
(c) The person has been continuously employed in that position since that criminal background check had been conducted.
Sec. 5111.96. (A) As used in this section:
(1) "Anniversary date" means the later of the effective date of the provider agreement relating to the independent provider or sixty days after the effective date of this section.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "The department" means the department of job and family services or its designee.
(4) "Independent provider" means a person who is submitting an application for a provider agreement or who has a provider agreement as an independent provider in a department of job and family services administered home and community-based services program providing home and community-based waiver services to consumers with disabilities.
(5) "Home and community-based waiver services" has the same meaning as in section 5111.95 of the Revised Code.
(B)(1) The department shall inform each independent provider, at the time of initial application for a provider agreement that involves providing home and community-based waiver services to consumers with disabilities, that the independent provider is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the person is to become an independent provider in a department administered home and community-based services program.
(2) Beginning on the effective date of this section, the department shall inform each enrolled medicaid independent provider on or before time of the anniversary date of the provider agreement that involves providing home and community-based waiver services to consumers with disabilities that the independent provider is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted.
(C)(1) The department shall require the independent provider to complete a criminal records check prior to entering into a provider agreement with the independent provider and at least annually thereafter. If an independent provider for whom a criminal records check is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the department shall request the independent provider obtain through the superintendent a criminal records request from the federal bureau of investigation as part of the criminal records check of the independent provider. Even if an independent provider for whom a criminal records check request is required under this division presents proof of having been a resident of this state for the five-year period, the department may request that the independent provider obtain information through the superintendent from the federal bureau of investigation in the criminal records check.
(2) The department shall do both of the following:
(a) Provide information to each independent provider for whom a criminal records check request is required under division (C)(1) of this section about requesting a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section, and obtain the completed form and impression sheet and fee from the independent provider;
(b) Forward the completed form, impression sheet, and fee to the superintendent of the bureau of criminal identification and investigation.
(3) An independent provider given information about obtaining the form and fingerprint impression sheet under division (C)(2)(a) of this section who fails to complete the form or provide fingerprint impressions shall not be approved as an independent provider.
(D) Except as provided in rules adopted by the department in accordance with division (G) of this section, the department shall not issue a new provider agreement to, and shall terminate an existing provider agreement of, an independent provider if the person has been convicted of or pleaded guilty to any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(2) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (D)(1) of this section.
(E) Each independent provider shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to a request made under division (C) of this section.
(F) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (C) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The person who is the subject of the criminal records check or the person's representative;
(2) The administrator at the department who is requesting the criminal records check or the administrator's representative;
(3) Any court, hearing officer, or other necessary individual involved in a case dealing with a denial or termination of a provider agreement related to the criminal records check.
(G) The department shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which the department may issue a provider agreement to an independent provider who has been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section but meets personal character standards set by the department.
Sec. 5111.97. (A) The director of job and family services may submit a request to the United States secretary of health and human services pursuant to section 1915 of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain waivers of federal medicaid requirements that would otherwise be violated in the creation and implementation of two medicaid home and community-based services programs to replace the Ohio home care program being operated pursuant to rules adopted under sections 5111.01 and 5111.02 of the Revised Code and a medicaid waiver granted prior to the effective date of this section. In the request, the director may specify the following:
(1) That one of the replacement programs will provide home and community-based services to individuals in need of nursing facility care, including individuals enrolled in the Ohio home care program;
(2) That the other replacement program will provide services to individuals in need of hospital care, including individuals enrolled in the Ohio home care program;
(3) That there will be a maximum number of individuals who may be enrolled in the replacement programs in addition to the number of individuals to be transferred from the Ohio home care program;
(4) That there will be a maximum amount the department may expend each year for each individual enrolled in the replacement programs;
(5) That there will be a maximum aggregate amount the department may expend each year for all individuals enrolled in the replacement programs;
(6) Any other requirement the director selects for the replacement programs.
(B) If the secretary grants the medicaid waivers requested, the director may create and implement the replacement programs in accordance with the provisions of the waivers granted. The department of job and family services shall administer the replacement programs.
As the replacement programs are implemented, the director shall reduce the maximum number of individuals who may be enrolled in the Ohio home care program by the number of individuals who are transferred to the replacement programs. When all individuals who are eligible to be transferred to the replacement programs have been transferred, the director may submit to the secretary an amendment to the state medicaid plan to provide for the elimination of the Ohio home care program.
Sec. 5111.98. (A) As used in sections 5111.98 to 5111.982 of the Revised Code:
(1) "Personal care services," "residential care facility," and "skilled nursing care" have the same meanings as in section 3721.01 of the Revised Code.
(2) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(B) The director of job and family services may apply to the United States secretary of health and human services for a waiver pursuant to section 1915 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396n, as amended, to provide personal care services to individuals in residential care facilities.
Sec. 5111.981. If a waiver submitted under section 5111.97 of the Revised Code is approved, the department of job and family services may establish the personal care services program. The department may enter into an interagency agreement with the department of aging under section 5111.91 of the Revised Code for administration of the personal care services program by the department of aging.
Under the program, personal care services may be provided to any medicaid recipient who qualifies for skilled nursing care and
is one of the following:
(A) A resident of a nursing facility who desires to move to a residential care facility;
(B) A participant in the PASSPORT program created under section 173.40 of the Revised Code who seeks to enter a nursing facility;
(C) A resident of a residential care facility who seeks to enter a nursing facility.
Sec. 5111.982. If the personal care services program is established under section 5111.97 of the Revised Code, the department of job and family services shall adopt rules governing the program. If the department, pursuant to section 5111.971 of the Revised Code, enters into an interagency agreement with the department of aging under section 5111.91 of the Revised Code, the department shall consult with the department of aging before adopting the rules.
Sec. 5111.99. (A) Whoever violates division (B) of section
5111.26 5111.23 or
division (D) of section 5111.31 5111.222 of the Revised Code shall be
fined not less
than five hundred dollars nor more than one thousand dollars for
the first
offense and not less than one thousand dollars nor more than five
thousand
dollars for each subsequent offense. Fines paid under this
section shall be
deposited in the state treasury to the credit of the general
revenue fund.
(B) Whoever violates division (D) of section 5111.61 of the
Revised Code is
guilty of registering a false complaint, a misdemeanor of the first degree.
Sec. 5112.03. (A) The director of job and family
services
shall
adopt, and may amend and rescind, rules in accordance with
Chapter 119. of the Revised Code for the purpose of administering
sections 5112.01 to 5112.21 of the Revised Code, including rules
that do all of the following:
(1) Define as a
"disproportionate share hospital" any
hospital included under subsection (b) of section 1923 of the
"Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A.
1396r-4(b), as
amended, and any other hospital the director
determines appropriate;
(2) Prescribe the form for submission of cost reports
under
section 5112.04 of the Revised Code;
(3) Establish, in accordance with division (A) of section
5112.06 of the Revised Code, the assessment rate or rates
to
be
applied to hospitals under that section;
(4) Establish schedules for hospitals to pay installments
on
their assessments under section 5112.06 of the Revised Code
and
for governmental hospitals to pay installments on their
intergovernmental transfers under section 5112.07 of the Revised
Code;
(5) Establish procedures to notify hospitals of
adjustments
made under division (B)(2)(b) of section
5112.06 of the Revised
Code in the amount of installments on their
assessment;
(6) Establish procedures to notify hospitals of
adjustments
made under division (D) of section 5112.09 of the Revised Code
in
the total amount of their assessment and to
adjust for the
remainder of the program year the amount of the
installments on
the assessments;
(7) Establish, in accordance with section 5112.08 of the
Revised Code,
the methodology for paying hospitals under that
section.
The director shall consult with hospitals when adopting the
rules required by divisions (A)(4) and (5) of this section in
order to minimize hospitals' cash flow difficulties.
(B) Rules adopted under this section may provide that
"total
facility
costs" excludes costs associated with any of the
following:
(1) Recipients of the medical assistance program;
(2) Recipients of financial assistance provided under Chapter 5115. of the Revised Code;
(3) Recipients of disability assistance medical
assistance provided
under Chapter 5115. of the Revised Code;
(3)(4) Recipients of the program for medically handicapped
children
established under section 3701.023 of the Revised Code;
(4)(5) Recipients of the medicare program established under
Title XVIII of
the
"Social Security Act," 49 Stat. 620
(1935), 42
U.S.C.A. 301,
as amended:
(5)(6) Recipients of Title V of the
"Social
Security Act";
(6)(7) Any other category of costs deemed appropriate by the
director in
accordance with Title XIX of the
"Social
Security Act"
and the rules adopted
under that title.
Sec. 5112.08. The director of job and family services
shall
adopt
rules under section 5112.03 of the Revised Code establishing
a
methodology to pay hospitals that is sufficient to expend all
money in the indigent care pool. Under the rules:
(A) The department of job and family services may
classify
similar hospitals into groups and allocate funds for distribution
within each group.
(B) The department shall establish a method of allocating
funds to hospitals, taking into consideration the
relative amount
of indigent care provided by each hospital or group
of hospitals.
The
amount to be allocated shall be based on any
combination of
the following indicators of indigent care that the
director
considers appropriate:
(1) Total costs, volume, or proportion of services to
recipients of the medical assistance program, including
recipients
enrolled in health insuring
corporations;
(2) Total costs, volume, or proportion of services to
low-income patients in addition to recipients of the medical
assistance program, which may include recipients of Title V
of
the
"Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301,
as
amended,
and disability recipients of financial or medical assistance established provided under
Chapter 5115.
of the Revised Code;
(3) The amount of uncompensated care provided by the
hospital or group
of hospitals;
(4) Other factors that the director considers to be
appropriate indicators of indigent care.
(C) The department shall distribute funds to
each hospital
or group of hospitals in a manner that first may
provide for an
additional
distribution to individual hospitals that provide a
high
proportion of
indigent care in relation to the total care
provided by the
hospital or in relation to other hospitals. The
department shall
establish a formula to distribute the remainder
of the
funds. The
formula shall be consistent with section 1923
of the
"Social
Security Act," 42
U.S.C.A. 1396r-4, as
amended,
shall be
based on any combination of the indicators of indigent
care
listed in division (B) of this section that the
director
considers appropriate.
(D) The department shall distribute funds to each
hospital
in
installments not later than ten working days after the deadline
established in rules for each hospital to pay an installment on
its assessment under section 5112.06 of the Revised Code. In the
case of a governmental hospital that makes intergovernmental
transfers, the department shall pay an installment under this
section not later than ten working days after the earlier of that
deadline or the deadline established in rules for the
governmental
hospital to pay an installment on its
intergovernmental transfer.
If the amount in the hospital care
assurance program fund and the
hospital care assurance match fund
created under section 5112.18
of the Revised Code is insufficient
to make the total
distributions for which hospitals are
eligible to
receive in any
period, the department shall reduce the amount of
each
distribution by the percentage by which the amount is
insufficient. The department shall distribute to hospitals
any
amounts not
distributed in the period in which they are due as
soon as
moneys are available in the funds.
Sec. 5112.17. (A) As used in this section:
(1) "Federal poverty guideline" means the official poverty
guideline as revised annually by the United States secretary of
health and human services in accordance with section 673 of the
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42
U.S.C.A. 9902, as amended, for a family size equal to the size of
the family of the person whose income is being determined.
(2) "Third-party payer" means any private or public entity
or program that may be liable by law or contract to make payment
to or on behalf of an individual for health care services.
"Third-party payer" does not include a hospital.
(B) Each hospital that receives funds distributed
under sections 5112.01 to 5112.21 of
the Revised Code shall provide, without charge to the individual, basic,
medically necessary hospital-level services to individuals who
are residents of this state, are not recipients of the medical
assistance program, and whose income is at or
below the federal
poverty guideline.
Recipients of disability financial
assistance and recipients of disability medical assistance provided under Chapter 5115. of the Revised Code qualify for
services under this section. The director of
job and family services
shall adopt rules under section 5112.03 of the Revised Code
specifying the hospital services to be provided under this
section.
(C) Nothing in this section shall
be construed to prevent a hospital from requiring an individual to apply for
eligibility under the medical assistance program before the hospital processes
an application under this section. Hospitals may bill any
third-party
payer for services
rendered under this section. Hospitals may bill the medical
assistance program, in accordance with Chapter 5111. of the
Revised Code and the rules adopted under that chapter, for
services rendered under this section if the individual becomes a
recipient of the program. Hospitals may bill individuals for
services under this section if all of the following apply:
(1) The hospital has an established post-billing procedure
for determining the individual's income and canceling the charges
if the individual is found to qualify for services under this
section.
(2) The initial bill, and at least the first follow-up
bill, is accompanied by a written statement that does all of the
following:
(a) Explains that individuals with income at or below the
federal poverty guideline are eligible for services without
charge;
(b) Specifies the federal poverty guideline for
individuals and families of various sizes at the time the bill is
sent;
(c) Describes the procedure required by division (C)(1) of
this section.
(3) The hospital complies with any additional rules the
department adopts under section 5112.03 of the Revised Code.
Notwithstanding division (B) of this section, a hospital
providing care to an individual under this section is subrogated
to the rights of any individual to receive compensation or
benefits from any person or governmental entity for the hospital
goods and services rendered.
(D) Each hospital shall collect and report to the
department, in the form and manner prescribed by the department,
information on the number and identity of patients served
pursuant to this section.
(E) This section applies beginning May 22, 1992,
regardless of whether the department has adopted rules specifying
the services to be provided. Nothing in this section alters the
scope or limits the obligation of any governmental entity or
program, including the program awarding reparations to victims of
crime under sections 2743.51 to 2743.72 of the Revised Code and
the
program for medically handicapped children established under
section 3701.023 of the Revised Code, to pay for hospital services in
accordance with state or local law.
Sec. 5112.31. The department of job and family services shall:
(A) For the purpose of providing home and community-based
services for mentally retarded and developmentally disabled
persons, annually assess each intermediate care facility for the
mentally retarded a franchise permit fee equal to nine dollars
and twenty-four sixty-three cents multiplied by the product of the following:
(1) The number of beds certified under Title XIX of the
"Social Security Act" on the first day of May of the calendar
year in which the assessment is determined pursuant to division
(A) of section 5112.33 of the Revised Code;
(2) The number of days in the fiscal year beginning on the
first day of July of the same calendar year.
(B) Not later than Beginning July 1, 1996 2005, and the first day of
each July thereafter, adjust fees determined under division (A) of this
section in accordance with the composite inflation factor established in rules
adopted under section 5112.39 of the Revised Code.
If the United States secretary of health and human services
determines that the franchise permit fee established by sections 5112.30 to
5112.39 of the Revised Code would be an
impermissible health care-related tax under section 1903(w) of the "Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, the
department shall take all necessary actions to
cease implementation of those sections in accordance with rules adopted under
section 5112.39 of the Revised Code.
Sec. 5112.99. (A) The director of job and family
services
shall impose a
penalty of one hundred dollars for each day that a
hospital fails to report
the information required under section
5112.04 of the Revised Code on or
before the dates specified in
that section. The amount of the penalty shall be established by the director in rules adopted under section 5112.03 of the Revised Code.
(B) In addition to any other remedy available to the
department of job and
family services under law to collect unpaid
assessments and transfers, the
director shall impose a penalty of
ten per cent of the amount due, not to
exceed twenty thousand
dollars, on any hospital that fails to pay assessments
or make
intergovernmental transfers by the dates required by rules adopted
under section 5112.03 of the Revised Code.
(C) The director shall waive the penalties provided for in
divisions (A) and (B) of this section for good cause shown by
the
hospital.
(D) All penalties imposed under this section shall be
deposited
into the general revenue health care administration fund created by section 5111.94 of the Revised Code.
Sec. 5115.01. (A) There is hereby established The director of job and family services shall establish the
disability financial assistance program. Except as provided in division
(D) of this section, a disability assistance recipient
shall receive financial
assistance. Except as provided in section 5115.11 of the Revised Code, a
disability assistance recipient also shall receive disability
assistance medical assistance.
Except as provided by division (B) of this section, a
person who meets all of the following requirements is (B) Subject to all other eligibility requirements established by this chapter and the rules adopted under it for the disability financial assistance program, a person may be eligible for
disability financial assistance only if one of the following applies:
(1) The person is ineligible to participate in the Ohio works first
program established
under Chapter 5107. of the Revised Code and to receive supplemental
security
income provided pursuant to Title XVI of the Social Security
Act, 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following:
(d) Unable unable to do any substantial or gainful activity by reason of a medically
determinable physical or mental impairment that can be expected to result in
death or has lasted or can be expected to last for not less than nine months;
(e) A resident of a residential treatment center certified
as an alcohol or drug addiction program by the
department of alcohol and drug addiction services under section
3793.06 of the Revised Code.
(f) Medication dependent as determined by a physician, as defined in section
4730.01 of the Revised Code, who has certified to the county department of
job and family services that the person is receiving ongoing treatment for a
chronic
medical condition requiring continuous prescription medication for an
indefinite, long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss of
employability lasting at least nine months.
(3) The (2) On the day before the effective date of this amendment, the person meets the eligibility requirements established
in rules adopted under section 5115.05 of the Revised Code was sixty years of age or older and one of the following is the case:
(a) The person was receiving or was scheduled to begin receiving financial assistance under this chapter on the basis of being sixty years of age or older;
(b) An eligibility determination was pending regarding the person's application to receive financial assistance under this chapter on the basis of being sixty years of age or older and, on or after the effective date of this amendment, the person receives a determination of eligibility based on that application.
(B)(1) A person is ineligible for disability assistance if the
person is ineligible to participate in the Ohio
works
first program because of any of the following:
(a) Section 5101.83, 5107.14, or
5107.16 of the Revised Code;
(b) The time limit established
by section 5107.18 of the Revised Code;
(c) Failure to comply with an application or
verification procedure;
(d) The fraud control program established pursuant
to 45 C.F.R. 235.112, as in effect July 1, 1996.
(2) A person under age eighteen is ineligible for disability assistance
pursuant to division (B)(1)(a)
of this section only if the person caused the assistance
group to be ineligible to participate in the Ohio works first
program or resides with a
person age eighteen or older who was a member of the same ineligible
assistance group. A person age eighteen or older is ineligible for disability
assistance pursuant to division (B)(1)(a) of this section regardless of
whether the person caused the assistance group to be
ineligible to participate in the Ohio works first program.
(C) The county department of job and family
services that serves the county in which a person
receiving disability assistance pursuant to division
(A)(2)(e) of this section
participates in an alcohol or drug addiction program shall
designate a representative payee for purposes of receiving and
distributing financial assistance provided under the disability
assistance program to the person.
(D) A person eligible for disability assistance pursuant to division
(A)(2)(f) of this section shall not receive financial assistance.
(E) The director of job and family services shall adopt rules in accordance
with section 111.15 of the Revised Code defining terms and
establishing standards for determining whether a person meets a condition of
disability assistance eligibility pursuant to this section.
Sec. 5115.04 5115.02. (A) An individual is not eligible for disability financial assistance
under this chapter if either any of the following apply:
(A)(1) The individual is eligible to participate in the Ohio works first
program established
under Chapter 5107. of the Revised Code; eligible to receive supplemental
security
income provided pursuant to Title XVI of the "Social Security
Act," 86 Stat. 1475 (1972), 42 U.S.C. 1383, as amended; or eligible to participate in or receive assistance through another state or federal program that provides financial assistance similar to disability financial assistance, as determined by the director of job and family services;
(2) The individual is ineligible to participate in the Ohio
works
first program because of any of the following:
(a) The time limit established
by section 5107.18 of the Revised Code;
(b) Failure to comply with an application or
verification procedure;
(c) The fraud control provisions of section 5101.83 of the Revised Code or the fraud control program established pursuant
to 45 C.F.R. 235.112, as in effect July 1, 1996;
(d) The self-sufficiency contract provisions of sections 5107.14 and 5107.16 of the Revised Code;
(e) The minor parent provisions of section 5107.24 of the Revised Code;
(f) The provisions of section 5107.26 of the Revised Code regarding termination of employment without just cause.
(5) The individual, or any of the other individuals included in determining the individual's eligibility, is involved in a strike, as defined in section 5107.10 of the Revised Code;
(6) For the purpose of avoiding consideration of property in
determinations of the individual's eligibility for disability financial
assistance or a
greater amount of assistance, the individual has transferred
property during
the two years preceding application for or most recent
redetermination of eligibility for disability assistance;
(7) The individual is a child and does not live with the child's
parents, guardians, or other persons standing in place
of parents, unless the child is emancipated by being married, by serving in the armed forces, or by court order;
(8) The individual reside in a county home, city infirmary,
jail, or public institution;
(9) The individual is
a fugitive felon as defined in section 5101.26 of the
Revised Code;
(B)(10) The individual is violating a condition of probation, a
community control sanction, parole, or a post-release control sanction imposed
under federal or state law.
(B)(1) As used in division (B)(2) of this section, "assistance group" has the same meaning as in section 5107.02 of the Revised Code.
(2) Ineligibility under division (A)(2)(c) or (d) of this section applies as follows:
(a) In the case of an individual who is under eighteen years of age, the individual is ineligible only if the individual caused the assistance group to be ineligible to participate in the Ohio works first program or resides with an individual eighteen years of age or older who was a member of the same ineligible assistance group.
(b) In the case of an individual who is eighteen years of age or older, the individual is ineligible regardless of whether the individual caused the assistance group to be ineligible to participate in the Ohio works first program.
Sec. 5115.03. (A) The director of job and family services
shall do both of the following:
(A) Adopt adopt rules in accordance with section 111.15 of the Revised Code governing the administration of
disability
assistance, including the administration of financial assistance and
disability assistance medical assistance program.
The rules shall be binding on county departments of job and
family services.
(B) Make investigations to determine whether disability
assistance is being administered in compliance with the Revised
Code and rules adopted by the director. may establish or specify any or all of the following:
(1) Maximum payment amounts under the disability financial assistance program, based on state appropriations for the program;
(2) Limits on the length of time an individual may receive disability financial assistance;
(3) Limits on the total number of individuals in the state who may receive disability financial assistance;
(4) Income, resource, citizenship, age,
residence, living arrangement, and
other eligibility requirements for disability financial assistance;
(5) Procedures for disregarding amounts of earned and unearned income for the purpose
of determining eligibility for disability financial assistance and the
amount of assistance to be provided;
(6) Procedures for including the income and resources, or a certain
amount of the income and resources, of a member of an individual's family when determining eligibility for disability financial assistance and the amount of assistance to be provided.
(B) In establishing or specifying eligibility requirements for disability financial
assistance, the director
shall exclude
the value of
any tuition payment contract entered into under section 3334.09 of the Revised
Code or any scholarship awarded under section 3334.18 of the Revised Code and
the amount of payments made by the Ohio tuition trust authority under section
3334.09 of the Revised Code pursuant to the contract or scholarship. The
director shall not require any individual to terminate a tuition payment
contract entered into under Chapter 3334. of the Revised Code as a condition
of eligibility for disability financial assistance. The
director shall consider as income any refund paid under section
3334.10 of the Revised Code.
(C) Notwithstanding section 3109.01 of the Revised Code, when a
disability financial assistance applicant or recipient who is at least
eighteen but under twenty-two years of age resides with the
applicant's or recipient's parents, the income of the parents shall be
taken into account in determining the applicant's or
recipient's financial eligibility. In the rules adopted under this section, the
director
shall specify procedures for determining the amount of income to be
attributed to applicants and recipients in this age
category.
(D) For purposes of limiting the cost of the disability financial assistance program, the director may do either or both of the following:
(1) Adopt rules in accordance with section 111.15 of the Revised Code that revise the program's eligibility requirements, the maximum payment amounts, or any other requirement or standard established or specified in the rules adopted by the director;
(2) Suspend acceptance of new applications for disability financial assistance. While a suspension is in effect, new eligibility determinations shall cease except for persons who submitted applications prior to the suspension's effective date, and no person shall be found eligible to receive disability financial assistance who was not a recipient during the month immediately preceding the suspension's effective date. The director may adopt rules in accordance with section 111.15 of the Revised Code establishing requirements and specifying procedures applicable to the suspension of acceptance of new applications.
Sec. 5115.02 5115.04. (A) The department of job and
family services
shall supervise and administer the disability financial assistance program,
except that the department may require county departments of
job and family services to perform any administrative
function specified in rules adopted by the director of job and family
services, including making
determinations of financial eligibility and initial
determinations of whether an applicant meets a condition of eligibility under
division (A)(2)(d) of section 5115.01 of
the Revised Code, distributing financial assistance
payments, reimbursing providers of medical services for services
provided to disability assistance recipients, and any other
function specified in the rules. The department may also
require county departments to make a final determination of
whether an applicant meets a condition for eligibility under division
(A)(2)(a), (b), (c), (e), or (f) of section 5115.01 of the Revised Code.
The department shall make the final determination of whether an
applicant meets a condition of eligibility under division
(A)(2)(d) of section 5115.01 of the Revised Code.
(B) If the department requires county departments to perform
administrative functions under this section, the
director
shall adopt rules in accordance with section 111.15 of the Revised Code
governing the performance of the
functions to be performed by county departments. County
departments shall perform the functions in accordance with the
rules. The director shall conduct investigations to determine whether disability financial assistance is being administered in compliance with the Revised Code and rules adopted by the director.
(C) If disability financial assistance payments or medical services
reimbursements are made by the county department of job and
family services, the
department shall advance sufficient funds to
provide the county treasurer with the amount estimated for the
payments or reimbursements. Financial assistance payments shall
be distributed in accordance with sections 117.45, 319.16, and
329.03 of the Revised Code.
Sec. 5115.05. (A) The director of
job and family services shall
adopt rules in accordance with section 111.15 of the Revised Code establishing application and verification procedures,
reapplication procedures, and income, resource, citizenship, age,
residence, living arrangement, assistance group composition, and
other eligibility requirements the director considers necessary in the administration of the application process for disability financial assistance. The rules may
provide for disregarding amounts of earned and unearned income for the purpose
of determining whether an assistance group is eligible for assistance and the
amount of assistance provided under this chapter. The
rules also may provide that the income and resources, or a certain
amount of the income and resources, of a member of an assistance
group's family group
will be included in determining whether the assistance group is
eligible for aid and the amount of aid provided under this
chapter.
If financial assistance under this
chapter is to be paid by the auditor of
state through the medium of direct deposit, the application shall
be accompanied by information the auditor needs to make
direct deposits.
The department of job and family services may require
recipients of disability financial
assistance to participate in a reapplication process two months
after initial approval for assistance has been determined and at
such other times as specified in the department requires rules.
If a recipient of disability assistance, or the spouse of
or member of the assistance group of a recipient, becomes
possessed of resources or income in excess of the amount allowed
under rules adopted under this section,
or if other changes occur that affect the person's eligibility or
need for assistance, the recipient shall notify the
department or county department of job and family services
within the time
limits specified in the rules. Failure of a recipient to report
possession of excess resources or income or a change affecting
eligibility or need within those time limits shall be considered
prima-facie evidence of intent to defraud under section 5115.15
of the Revised Code.
Each applicant for or recipient of disability assistance
shall make reasonable efforts to secure support from persons
responsible for the applicant's or recipient's support, and
from other sources, as a means
of preventing or reducing the provision of disability assistance
at public expense. The
department or county department may
provide assistance to the applicant or recipient in securing
other forms of financial or medical assistance.
Notwithstanding section 3109.01 of the Revised Code, when a
disability assistance applicant or recipient who is at least
eighteen but under twenty-two years of age resides with the
applicant's or recipient's parents, the income of the parents shall be
taken into account in determining the applicant's or
recipient's financial eligibility. The
director
shall adopt rules for determining the amount of income to be
attributed to the assistance group of applicants in this age
category.
(B) Any person who applies for disability financial assistance under this section shall
receive a voter registration application under section 3503.10 of the Revised
Code.
Sec. 5115.07 5115.06. Financial assistance Assistance under the disability financial
assistance program may be given by warrant, direct deposit, or,
if provided by the director of job and family services pursuant to
section
5101.33 of the Revised Code, by electronic benefit transfer. It
shall be inalienable whether by way of assignment, charge, or
otherwise, and is exempt from attachment, garnishment, or other
like process. Any
Any direct deposit shall be made to a financial
institution and account designated by the recipient. The If disability financial assistance is to be paid by the auditor of state through direct deposit, the application for assistance shall be accompanied by information the auditor needs to make direct deposits.
The director of
job and family services
may adopt rules for designation of
financial institutions and accounts. No
No financial institution
shall impose any charge for direct deposit of disability
assistance financial assistance payments that it does not charge
all customers for similar services.
The department of job and family services
shall establish
financial assistance payment amounts based on state
appropriations.
Disability assistance may be given to persons living in
their own homes or other suitable quarters, but shall not be
given to persons who reside in a county home, city infirmary,
jail, or public institution. Disability assistance shall not be given to an
unemancipated child unless the child lives with the child's
parents, guardians, or other persons standing in place
of parents. For the purpose of this section, a child is emancipated if
the child is married, serving in the armed forces, or has
been emancipated by court order.
No person shall be eligible for disability assistance if,
for the purpose of avoiding consideration of property in
determinations of the person's eligibility for disability
assistance or a
greater amount of assistance, the person has transferred
property during
the two years preceding application for or most recent
redetermination of eligibility for disability assistance.
Sec. 5115.13 5115.07. The acceptance of disability financial assistance under this chapter the disability financial assistance program
constitutes an assignment to the department of job and family services of
any rights an
individual receiving disability the assistance has to financial support from any other
person, excluding medical support assigned pursuant to section 5101.59 of the
Revised Code. The rights to support assigned to the department pursuant to
this section constitute an obligation of the person responsible for providing
the support to the state for the amount of disability financial assistance payments to
the recipient or recipients whose needs are included in determining the amount
of disability assistance received. Support payments assigned to the state
pursuant to this section shall be collected by the county department of
job and family services and reimbursements for disability
financial assistance payments shall be
credited to the state treasury.
Sec. 5115.10. (A) The director of job and family services shall establish a disability assistance medical
assistance program shall consist of a system of managed primary
care. Until July 1, 1992, the program shall also include limited
hospital services, except that if prior to that date hospitals
are required by section 5112.17 of the Revised Code to provide
medical services without charge to persons specified in that
section, the program shall cease to include hospital services at
the time the requirement of section 5112.17 of the Revised Code
takes effect.
The department of job and family services may
require
disability assistance medical assistance recipients to enroll in
health insuring corporations or other managed care
programs, or may limit the
number or type of health care providers from which a recipient
may receive services.
The director of job and family services shall
adopt rules governing the
disability assistance medical assistance program established
under this division. The rules shall specify all of the
following:
(1) Services that will be provided under the system of
managed primary care;
(2) Hospital services that will be provided during the
period that hospital services are provided under the program;
(3) The maximum authorized amount, scope, duration, or
limit of payment for services.
(B) The director of job and family services shall designate medical
services providers for the disability assistance medical
assistance program. The first such designation shall be made not
later than September 30, 1991. Services under the program shall
be provided only by providers designated by the director. The
director may require that, as a condition of being designated a
disability assistance medical assistance provider, a provider
enter into a provider agreement with the state department.
(C) As long as the disability assistance medical
assistance program continues to include hospital services, the
department or a county director of job and
family services may,
pursuant to rules adopted under this
section, approve an application for disability assistance medical
assistance for emergency inpatient hospital services when care
has been given to a person who had not completed a sworn
application for disability assistance at the time the care was
rendered, if all of the following apply:
(1) The person files an application for disability
assistance within sixty days after being discharged from the
hospital or, if the conditions of division (D) of this section
are met, while in the hospital;
(2) The person met all eligibility requirements for
disability assistance at the time the care was rendered;
(3) The care given to the person was a medical service
within the scope of disability assistance medical assistance as
established under rules adopted by the director of
job and family services.
(D) If a person files an application for disability
assistance medical assistance for emergency inpatient hospital
services while in the hospital, a face-to-face interview shall be
conducted with the applicant while the applicant is in the
hospital to
determine whether the applicant is eligible for the
assistance. If the
hospital agrees to reimburse the county department of job and
family services for all actual costs incurred by the department in
conducting the interview, the interview shall be conducted by an
employee of the county department. If, at the request of the
hospital, the county department designates an employee of the
hospital to conduct the interview, the interview shall be
conducted by the hospital employee.
(E) The department of job and family
services may assume
responsibility for peer review of expenditures for disability
assistance medical assistance (B) Subject to all other eligibility requirements established by this chapter and the rules adopted under it for the disability medical assistance program, a person may be eligible for disability medical assistance only if the person is medication dependent, as determined by the department of job and family services.
(C) The director shall adopt rules under section 111.15 of the Revised Code for purposes of implementing division (B) of this section. The rules may specify or establish any or all of the following:
(1) Standards for determining whether a person is medication dependent, including standards under which a person may qualify as being medication dependent only if it is determined that both of the following are the case:
(a) The person is receiving ongoing treatment for a chronic medical condition that requires continuous prescription medication for an indefinite, long-term period of time;
(b) Loss of the medication would result in a significant risk of medical emergency and loss of employability lasting at least nine months.
(2) A requirement that a person's medical condition be certified by an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;
(3) Limitations on the chronic medical conditions and prescription medications that may qualify a person as being medication dependent.
Sec. 5115.11. If a member of an assistance group receiving disability
assistance under this chapter An individual who qualifies for the medical assistance program
established under Chapter 5111. of the Revised Code, the member shall receive
medical assistance through that program rather than through the disability
assistance medical assistance program.
An individual is ineligible for disability medical assistance if,
for the purpose of avoiding consideration of property in
determinations of the individual's eligibility for disability medical
assistance or a
greater amount of assistance, the person has transferred
property during
the two years preceding application for or most recent
redetermination of eligibility for disability medical assistance.
Sec. 5115.12. (A) The director of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code governing the disability medical assistance program. The rules may establish or specify any or all of the following:
(1) Income, resource, citizenship, age, residence, living arrangement, and other eligibility requirements;
(2) Health services to be included in the program;
(3) The maximum authorized amount, scope, duration, or limit of payment for services;
(4) Limits on the length of time an individual may receive disability medical assistance;
(5) Limits on the total number of individuals in the state who may receive disability medical assistance.
(B) For purposes of limiting the cost of the disability medical assistance program, the director may do either of the following:
(1) Adopt rules in accordance with section 111.15 of the Revised Code that revise the program's eligibility requirements; the maximum authorized amount, scope, duration, or limit of payment for services included in the program; or any other requirement or standard established or specified by rules adopted under division (A) of this section or under section 5115.10 of the Revised Code;
(2) Suspend acceptance of new applications for disability medical assistance. While a suspension is in effect, new eligibility determinations shall cease except for persons who submitted applications prior to the suspension's effective date, and no person shall be found eligible to receive disability medical assistance who was not a recipient during the month immediately preceding the suspension's effective date. The director may adopt rules in accordance with section 111.15 of the Revised Code establishing requirements and specifying procedures applicable to the suspension of acceptance of new applications.
Sec. 5115.13. (A) The department of job and family services shall supervise and administer the disability medical program, except as follows:
(1) The department may require county departments of job and family services to perform any administrative function specified in rules adopted by the director of job and family services.
(2) The director may contract with any private or public entity in this state to perform any administrative function or to administer any or all of the program.
(B) If the department requires county departments to perform administrative functions, the director of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code governing the performance of the functions to be performed by county departments. County departments shall perform the functions in accordance with the rules.
If the director contracts with a private or public entity to perform administrative functions or to administer any or all of the program, the director may either adopt rules in accordance with section 111.15 of the Revised Code or include provisions in the contract governing the performance of the functions by the private or public entity. Entities under contract shall perform the functions in accordance with the requirements established by the director.
(C) Whenever division (A)(1) or (2) of this section is implemented, the director shall conduct investigations to determine whether disability medical assistance is being administered in compliance with the Revised Code and rules adopted by the director or in accordance with the terms of the contract.
Sec. 5115.14. (A) The director of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code establishing application and verification procedures, reapplication procedures, and other requirements the director considers necessary in the administration of the application process for disability medical assistance.
(B) Any person who applies for disability medical assistance shall receive a voter registration application under section 3503.10 of the Revised Code.
Sec. 5115.20. (A) The department of job and
family services shall establish
a disability advocacy program and each county department of
job and family services
shall establish a disability advocacy program unit or
join with other county departments of job and family
services to establish
a joint county disability advocacy program unit. Through the
program the department and county departments shall
cooperate in
efforts to assist applicants for and recipients of assistance under this
chapter the disability financial assistance program and the disability medical assistance program, who might be eligible
for supplemental security income benefits under Title XVI of the
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as
amended, in applying for those benefits. The
As part of their disability advocacy programs, the state department
and county departments may enter into contracts for the services to
applicants for and recipients of assistance under this chapter who might be
eligible
for supplemental security income benefits with of persons and
governmental government entities that in the judgment of the
department or county
department have demonstrated expertise in representing persons
seeking supplemental security income benefits. Each contract
shall require the person or entity with which a department
contracts to assess each person referred to it by the department
to determine whether the person appears to be eligible for
supplemental security income benefits, and, if the person appears
to be eligible, assist the person in applying and represent
the person in any proceeding of the social security
administration, including any appeal or reconsideration of a denial of
benefits. The department or
county department shall provide to the person or entity with
which it contracts all records in its possession relevant to the
application for supplemental security income
benefits. The department shall require a county department
with relevant records to submit them to the person or entity.
(B) Each applicant for or recipient of disability financial assistance or disability medical assistance under this chapter who, in
the judgment of the department or a county department might
be eligible for supplemental security benefits, must shall, as a
condition of eligibility for assistance, apply for such benefits
if directed to do so by the department or county
department.
(C) Each With regard to applicants for and recipients of disability financial assistance or disability medical assistance, each county department of job and family services
shall do all of the following:
(1) Identify applicants for and recipients of assistance under this chapter
who might be eligible for supplemental security income benefits;
(2) Assist applicants for and recipients of assistance under this chapter in
securing documentation of disabling conditions or refer them for
such assistance to a person or government agency entity with which the
department or county department has contracted under
division (A) of this section;
(3) Inform applicants for and recipients of assistance under this chapter of
available sources of representation, which may include a person
or government entity with which the department or county
department has contracted under division (A) of this section, and
of their right to represent themselves in reconsiderations and
appeals of social security administration decisions that deny
them supplemental security income benefits. The county
department may require the applicants and recipients, as a
condition of eligibility for assistance, to pursue
reconsiderations and appeals of social security administration
decisions that deny them supplemental security income benefits,
and shall assist applicants and recipients as necessary to obtain
such benefits or refer them to a person or government agency entity with
which the department or county department has contracted
under division (A) of this section.
(4) Require applicants for and recipients of assistance under this chapter
who, in the judgment of the county department, are or may be
aged, blind, or disabled, to apply for medical assistance
under Chapter 5111. of the Revised Code, make determinations when appropriate
as to eligibility for medical assistance, and refer their applications when
necessary to the disability determination unit established in accordance with
division (F) of this section for expedited review;
(5) Require each applicant for and each recipient of
assistance under this chapter who in the judgment of the
department or
the
county department might be eligible for supplemental security
income benefits, as a condition of eligibility for disability financial assistance or disability medical assistance under this
chapter, to
execute a written authorization for the secretary of health and human services
to withhold benefits due that individual and pay
to the director of job and family services or the
director's designee an
amount sufficient to reimburse the state and county shares of
interim assistance furnished to the individual. For the purposes
of division (C)(5) of this section, "benefits" and "interim assistance" have
the meanings given in Title XVI
of the "Social Security Act."
(D) The director of job and family services
shall adopt rules in accordance with Chapter 119. section 111.15 of
the Revised Code for the effective administration of the disability advocacy
program. The rules shall include all of the following:
(1) Methods to be used in collecting information from and
disseminating it to county departments, including the following:
(a) The number of individuals in the county who are disabled recipients of disability financial assistance or disability medical assistance under this chapter in the
county;
(b) The final decision made either by the social security
administration or by a court for each application or
reconsideration in which an individual was assisted pursuant to
this section.
(2) The type and process of training to be provided by the
department of job and family services to the employees of
the county department of job and family services who
perform duties under this
section;
(3) Requirements for the written authorization required by
division (C)(5) of this section.
(E) The department shall provide basic and continuing training
to
employees of
the county department of job and family services who
perform duties under
this section. Training shall include but not be limited to all
processes necessary to obtain federal disability benefits, and
methods of advocacy.
(F) The department shall establish a disability
determination unit and develop guidelines for expediting reviews
of applications for medical assistance under Chapter 5111. of the Revised Code
for persons who have been referred to the unit under division (C)(4) of this
section. The department shall make determinations of eligibility for medical
assistance for any such person within the time prescribed by federal
regulations.
(G) The department may, under rules the director of
job and family services adopts in
accordance with section 111.15 of the Revised Code, pay a portion
of the federal reimbursement described in division (C)(5) of this
section to persons or agencies government entities that assist or represent
assistance recipients in reconsiderations and appeals of social
security administration decisions denying them supplemental
security income benefits.
(H) The director shall conduct investigations to determine whether disability advocacy programs are being administered in compliance with the Revised Code and the rules adopted by the director pursuant to this section.
Sec. 5115.22. (A) If a recipient of disability financial assistance or disability medical assistance, or an individual whose income and resources are included in determining the recipient's eligibility for the assistance, becomes
possessed of resources or income in excess of the amount allowed
to retain eligibility,
or if other changes occur that affect the recipient's eligibility or
need for assistance, the recipient shall notify the
state or county department of job and family services
within the time
limits specified in rules adopted by the director of job and family services in accordance with section 111.15 of the Revised Code. Failure of a recipient to report
possession of excess resources or income or a change affecting
eligibility or need within those time limits shall be considered
prima-facie evidence of intent to defraud under section 5115.23
of the Revised Code.
(B) As a condition of eligibility for disability financial assistance or disability medical assistance, and as a means of preventing or reducing the provision of assistance at public expense, each applicant for or recipient of the assistance
shall make reasonable efforts to secure support from persons
responsible for the applicant's or recipient's support, and
from other sources, including any federal program designed to provide assistance to individuals with disabilities. The
state or county department of job and family services may
provide assistance to the applicant or recipient in securing
other forms of financial assistance.
Sec. 5115.15 5115.23. As used in this section, "erroneous
payments" means disability financial assistance payments, including or
disability assistance medical assistance payments, made to
persons who are not entitled to receive them, including payments
made as a result of misrepresentation or fraud, and payments made
due to an error by the recipient or by the county department of
job and family services that made the payment.
The department of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code specifying the circumstances under which action is to be taken under this section to recover erroneous payments. The department, or
a county department of job and family services at the
request of the
department, shall take action to recover erroneous payments in the circumstances specified in the rules. The
department or county department may institute a civil
action to recover erroneous payments.
Whenever disability financial assistance or disability medical assistance has been furnished to a
recipient for whose support another person is responsible, the
other person shall, in addition to the liability otherwise
imposed, as a consequence of failure to support the recipient, be
liable for all disability assistance furnished the recipient.
The value of the assistance so furnished may be recovered in a
civil action brought by the county department of job and
family services.
Each county department of job and family services shall
retain fifty
per cent of the erroneous payments it recovers under this
section. The department of job and family
services shall receive
the remaining fifty per cent.
Sec. 5119.61. Any provision in this chapter that refers to
a
board of alcohol, drug addiction, and mental health services
also
refers to the community mental health board in an alcohol,
drug
addiction, and mental health service district that has a
community
mental health board.
The director of mental health with respect to all
facilities
and programs established and operated under Chapter
340. of the
Revised Code for mentally ill and emotionally
disturbed persons,
shall do all of the following:
(A) Adopt rules pursuant to Chapter 119. of the
Revised Code
that may be necessary to carry out the purposes of
Chapter 340.
and sections 5119.61 to 5119.63 of the Revised
Code.
(1) The rules shall include all of the following:
(a) Rules governing a community mental health agency's
services
under section 340.091 of the Revised Code to an
individual referred to the agency under division (C)(2) of section
173.35 of the Revised Code;
(b) For the purpose of division (A)(16) of section
340.03
of
the Revised Code, rules
governing the duties of mental
health
agencies and boards of alcohol, drug addiction, and mental
health
services under section 3722.18
of the
Revised Code
regarding
referrals of individuals with mental
illness or severe
mental
disability to adult care facilities and effective
arrangements for
ongoing mental health services for the
individuals. The
rules
shall do at least the following:
(i) Provide for agencies and boards to participate fully in
the
procedures owners and managers of adult care facilities must
follow under
division (A)(2) of section 3722.18 of the Revised
Code;
(ii) Specify the manner in which boards are accountable for
ensuring that ongoing mental health services are effectively
arranged for
individuals with mental illness or severe mental
disability who are referred
by the board or mental health agency
under contract with the board to an adult
care facility.
(c) Rules governing a board of alcohol, drug addiction, and
mental health services when making a report to the director of
health under
section 3722.17 of the
Revised Code regarding the
quality of care and services
provided by an adult care facility to
a person with mental illness or a
severe mental disability.
(2) Rules may be adopted to govern the method of paying a
community
mental health facility described, as defined in division (B) of
section 5111.022
of the Revised Code, for providing services
established by listed in division (A)(B) of that
section. Such rules must be
consistent with the contract entered into
between the departments
of
job and family services and mental health under division
(E)
of that section 5111.91 of the Revised Code
and include requirements ensuring appropriate
service utilization.
(B) Review and evaluate, and, taking into account the
findings
and recommendations of the board of alcohol, drug
addiction, and
mental health services of the district served by
the program and
the requirements and priorities of the state
mental health plan,
including the needs of residents of the
district now residing in
state mental institutions, approve and
allocate funds to support
community programs, and make
recommendations for needed
improvements to boards of alcohol,
drug
addiction, and mental
health services;
(C) Withhold state and federal funds for any program, in
whole or in part, from a board of alcohol, drug addiction, and
mental health services in the event of failure of that program to
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,
or 5119.62 of the
Revised Code or rules of the department of
mental health. The
director shall identify the areas of
noncompliance and the action
necessary to achieve compliance. The
director shall offer
technical assistance to the board to achieve
compliance. The
director shall give the board a reasonable time
within which to
comply or to present its position that it is in
compliance.
Before withholding funds, a hearing shall be conducted
to
determine if there are continuing violations and that either
assistance is rejected or the board is unable to achieve
compliance. Subsequent to the hearing process, if it is
determined that compliance has not been achieved, the director
may
allocate all or part of the withheld funds to a public or
private
agency to provide the services not in compliance until
the time
that there is compliance. The director shall establish
rules
pursuant to Chapter 119. of the Revised Code to implement
this
division.
(D) Withhold state or federal funds from a board of
alcohol,
drug addiction, and mental health services that denies
available
service on the basis of religion, race, color, creed,
sex,
national origin, age, disability as defined in section
4112.01 of
the
Revised Code, developmental disability, or the
inability to
pay;
(E) Provide consultative services to community mental
health
agencies with the knowledge and cooperation of the
board
of
alcohol, drug addiction, and mental health services;
(F) Provide to boards of alcohol, drug addiction, and
mental
health services state or federal funds, in addition to
those
allocated under section 5119.62 of the Revised Code, for
special
programs or projects the director considers necessary
but
for
which local funds are not available;
(G) Establish criteria by which a board of alcohol, drug
addiction, and mental health services reviews and evaluates the
quality, effectiveness, and efficiency of services provided
through its community mental health plan.
The criteria shall
include requirements ensuring appropriate service utilization. The
department shall
assess a board's evaluation of services and the
compliance of
each board with this section, Chapter 340. or
section 5119.62 of
the Revised Code, and other state or federal
law and regulations.
The department, in cooperation with the
board, periodically shall
review and evaluate the quality,
effectiveness, and efficiency of
services provided through each
board. The department shall
collect information that is necessary
to perform these
functions.
(H) Develop and operate a community mental health
information system.
Boards of alcohol, drug abuse, and mental health services
shall submit information requested by the department in the form
and manner prescribed by the department. Information collected
by
the department shall include, but not be limited to, all of the
following:
(1) Information regarding units of services provided in
whole or in part under contract with a board, including diagnosis
and special needs, demographic information, the number of units
of
service provided, past treatment, financial status, and
service
dates in accordance with rules adopted by the department
in
accordance with Chapter 119. of the Revised Code;
(2) Financial information other than price or
price-related
data regarding expenditures of boards and community
mental health
agencies, including units of service provided,
budgeted and actual
expenses by type, and sources of funds.
Boards shall submit the information specified in division
(H)(1) of this section no less frequently than annually for
each
client, and each time the client's case is opened or closed.
The
department shall not collect any information for the purpose
of
identifying by name any person who receives a service through a
board of alcohol, drug addiction, and mental health services,
except as required by state or federal law to validate
appropriate
reimbursement. For the purposes of division
(H)(1)
of this
section, the department shall use an identification
system that is
consistent with applicable nationally recognized
standards.
(I) Review each board's
community mental health plan
submitted pursuant to section
340.03 of the Revised Code and
approve or disapprove it in whole
or in part. Periodically, in
consultation with representatives
of boards and after considering
the recommendations of the
medical director, the director shall
issue criteria for
determining when a plan is complete, criteria
for plan approval
or disapproval, and provisions for conditional
approval. The
factors that the director considers may include,
but are not
limited to, the following:
(1) The mental health needs of all persons residing within
the board's service district, especially severely mentally
disabled children, adolescents, and adults;
(2) The demonstrated quality, effectiveness, efficiency,
and
cultural relevance of the services provided in each service
district, the extent to which any services are duplicative of
other available services, and whether the services meet the needs
identified above;
(3) The adequacy of the board's accounting for the
expenditure of funds.
If the director disapproves all or part of any plan, the
director shall provide the board an opportunity to present its
position.
The director shall inform the board of the reasons for
the
disapproval and of the criteria that must be met before the
plan
may be approved. The director shall give the board a
reasonable
time within which to meet the criteria, and shall offer
technical
assistance to the board to help it meet the criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
Sec. 5119.611. (A) A board of alcohol, drug addiction, and
mental health services may not contract with a community mental
health agency under division (A)(8)(a) of section 340.03 of the
Revised Code to provide community mental health services included
in the board's community mental health plan unless the services
are certified by the director of mental health under this section.
A community mental health agency that seeks the director's
certification of its community mental health services shall submit
an application to the director. On receipt of the application,
the director may visit and shall evaluate the agency to determine
whether its services satisfy the standards established by
rules
adopted under division (C) of this section. The director
shall
make the evaluation, and, if the director visits the agency,
shall
make the visit, in cooperation with the board
of alcohol,
drug
addiction, and mental health services with which
the agency
seeks
to contract.
If the director determines that a community mental health
agency's services satisfy the standards, the director
shall
certify the services.
If the director determines that a community mental health
agency's services do not satisfy the standards, the
director shall
identify the areas of noncompliance, specify what
action is
necessary to satisfy the standards, and offer technical
assistance
to the board of alcohol, drug addiction, and mental
health
services so that the board may assist the agency in
satisfying the
standards. The director shall give the
agency a reasonable time
within which to demonstrate that its
services satisfy the
standards or to bring the services
into compliance with the
standards. If the director concludes
that the services continue
to fail to satisfy the
standards, the director may request that
the board reallocate the
funds for the community mental health
services the agency was to
provide to another community mental
health agency whose community
mental health services satisfy the
standards. If the
board does not reallocate those funds in a
reasonable period of
time, the director may withhold state and
federal funds for the
community mental health services and
allocate those funds directly
to a community mental health agency
whose community mental health
services satisfy the standards.
(B) Each community mental health agency seeking
certification of its community mental health services under this
section shall pay a fee for the certification review required by
this section. Fees shall be paid into the sale of goods and
services fund created pursuant to section 5119.161 of the Revised
Code.
(C) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall do all of the following:
(1) Establish certification standards for community
mental
health services, including assertive community treatment and intensive home-based mental health services, that are consistent with nationally
recognized
applicable standards and facilitate participation in
federal
assistance programs. The rules shall include as
certification
standards only requirements that improve the quality
of services
or the health and safety of clients of community
mental health
services. The standards shall address at a
minimum all of the
following:
(a) Reporting major unusual incidents to the director;
(b) Procedures for applicants for and clients of community
mental health services to file grievances and complaints;
(e) Development of written policies addressing the rights
of
clients, including all of the following:
(i) The right to a copy of the written policies addressing
client rights;
(ii) The right at all times to be treated with
consideration
and respect for the client's privacy and dignity;
(iii) The right to have access to the client's own
psychiatric, medical, or other treatment records unless access is
specifically restricted in the client's treatment plan for clear
treatment reasons;
(iv) The right to have a client rights officer provided by
the agency or board of alcohol, drug addiction, and mental health
services advise the client of the client's rights, including the
client's rights under Chapter 5122. of the Revised Code if the
client is committed to the agency or board.
(2) Establish standards for qualifications of
mental health
professionals as defined in section 340.02 of the
Revised Code and
personnel who provide the community mental health
services;
(3) Establish the process for certification of community
mental health services;
(4) Set the amount of certification review fees based on a
portion of the cost of performing the review;
(5) Specify the type of notice and hearing to be provided
prior to a decision on whether to reallocate funds.
(D) The rules adopted under division (C)(1) of this section to establish certification standards for assertive community treatment and intensive home-based mental health services shall be adopted not later than July 1, 2004.
Sec. 5123.01. As used in this chapter:
(A)
"Chief medical officer" means the licensed physician
appointed by the managing officer of an institution for the
mentally retarded with the approval of the director of mental
retardation and developmental disabilities to provide medical
treatment for residents of the institution.
(B)
"Chief program director" means a person with special
training and experience in the diagnosis and management of the
mentally retarded, certified according to division (C) of this
section in at least one of the designated fields, and appointed
by
the managing officer of an institution for the mentally
retarded
with the approval of the director to provide
habilitation and care
for residents of the institution.
(C)
"Comprehensive evaluation" means a study, including a
sequence of observations and examinations, of a person leading to
conclusions and recommendations formulated jointly, with
dissenting opinions if any, by a group of persons with special
training and experience in the diagnosis and management of
persons
with mental
retardation or a developmental disability, which
group
shall include individuals who are professionally qualified
in the
fields of medicine, psychology, and social
work, together with
such other specialists as the individual case
may require.
(D)
"Education" means the process of formal training and
instruction to facilitate the intellectual and emotional
development of residents.
(E)
"Habilitation" means the process by which the staff of
the institution assists the resident in acquiring and maintaining
those life skills that enable the resident to cope more
effectively with
the demands of the resident's own person and of
the resident's environment and in
raising the level of the
resident's physical, mental,
social, and vocational
efficiency.
Habilitation includes but is not limited to programs
of formal,
structured education and training.
(F)
"Habilitation center services" means services provided by
a habilitation center certified by the department of mental
retardation and developmental disabilities under section 5123.041
of the Revised Code and covered by the medicaid program pursuant
to rules adopted under section 5111.041 of the Revised Code.
(G)
"Health officer" means any public health physician,
public health nurse, or other person authorized or designated by
a
city or general health district.
(H) "Home and community-based services" means
medicaid-funded home and community-based services provided under a
medicaid component the department of mental retardation and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(I)
"Indigent person" means a person who is unable,
without
substantial financial hardship, to provide for the payment
of an
attorney and for other necessary expenses of legal
representation,
including expert testimony.
(J)
"Institution" means a public or private facility, or a
part of a public or private facility, that is
licensed by the
appropriate state
department and is equipped to provide
residential habilitation,
care, and treatment for the mentally
retarded.
(K)
"Licensed physician" means a person who holds a valid
certificate issued under Chapter 4731. of the Revised Code
authorizing the person to practice medicine and surgery or
osteopathic medicine and surgery, or a medical officer of the
government of
the United States while in the performance of the
officer's official duties.
(L)
"Managing officer" means a person who is appointed by
the
director of mental retardation and developmental disabilities
to
be in executive control of an institution for the mentally
retarded under the jurisdiction of the department.
(M) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code.
(N) "Medicaid case management services" means case
management services provided to an individual with mental
retardation or other developmental disability that the state
medicaid plan requires.
(O)
"Mentally retarded person" means a person having
significantly subaverage general intellectual functioning
existing
concurrently with deficiencies in adaptive behavior,
manifested
during the developmental period.
(P)
"Mentally retarded person subject to
institutionalization
by court order" means a person eighteen
years
of age or older who
is at least moderately mentally retarded and
in
relation to whom,
because of the person's retardation, either
of the following
conditions exist:
(1) The person represents a very substantial risk of
physical impairment or injury to self as manifested by
evidence
that the person is unable to provide for and is not
providing
for
the person's most basic physical needs and that
provision for
those
needs is not available in the community;
(2) The person needs and is susceptible to significant
habilitation in an institution.
(Q)
"A person who is at least moderately mentally
retarded"
means a person who is found, following a comprehensive
evaluation,
to be impaired in adaptive behavior to a moderate
degree and to be
functioning at the moderate level of
intellectual
functioning in
accordance with standard measurements
as recorded
in the most
current revision of the manual of
terminology and
classification
in mental retardation published by
the American
association on
mental retardation.
(R) As used in this division,
"substantial functional
limitation,"
"developmental delay," and
"established risk" have
the meanings
established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code.
(2) It is manifested before age twenty-two.
(3) It is likely to continue indefinitely.
(4) It results in one of the following:
(a) In the case of a person under three years of age, at
least one
developmental delay or an established risk;
(b) In the case of a person at least three years of age but
under six years of age, at least two developmental delays or an
established risk;
(c) In the case of a person six years of age or older, a
substantial functional limitation in at least three of the
following areas of major life activity, as appropriate for the
person's age: self-care, receptive and expressive language,
learning,
mobility, self-direction, capacity for independent
living, and,
if the person is at least sixteen years of age,
capacity
for economic self-sufficiency.
(5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person.
(S)
"Developmentally disabled person" means a person with
a
developmental disability.
(T)
"State institution" means an institution that is
tax-supported and under the jurisdiction of the department.
(U)
"Residence" and
"legal residence" have the same
meaning
as
"legal settlement," which is acquired by residing in
Ohio for a
period of one year without receiving general
assistance
prior to
July
17, 1995, under former Chapter 5113. of the Revised
Code,
disability financial
assistance under Chapter 5115. of the Revised
Code, or
assistance from a
private agency that maintains records
of
assistance given. A person having a
legal settlement in the
state
shall be considered as having legal settlement
in the
assistance
area in which the person resides. No adult
person
coming into
this
state and having a spouse or minor children
residing in
another state shall
obtain a legal settlement in this
state as
long as
the spouse or minor
children are receiving public
assistance, care, or support at the expense of
the other state or
its subdivisions. For the purpose of determining the legal
settlement of a person who is living in a public or private
institution or in
a home subject to licensing by the department of
job and family services,
the
department of mental health, or the
department of mental retardation and
developmental disabilities,
the residence of the person
shall be considered as though the
person were residing in the county in which
the person was living
prior to the person's entrance into the institution or
home.
Settlement once acquired shall continue until a person has been
continuously absent from Ohio for a period of
one year or has
acquired a legal residence in another state. A woman who
marries
a man with legal settlement in any county immediately acquires
the
settlement of her husband. The legal settlement of a minor
is
that of the parents, surviving parent, sole parent, parent who
is
designated the residential parent and legal custodian by a
court,
other adult having permanent custody awarded by a court,
or
guardian of the person of the minor, provided that:
(1) A minor female who marries shall be considered to have
the legal settlement of her husband and, in the case of death of
her husband or divorce, she shall not thereby lose her
legal
settlement obtained by the marriage.
(2) A minor male who marries, establishes a home, and who
has resided in this state for one year without receiving general
assistance prior to July
17, 1995, under former Chapter 5113. of
the Revised Code, disability financial
assistance under Chapter 5115. of the
Revised Code, or assistance from a
private agency that maintains
records of assistance given
shall be considered
to have obtained a
legal settlement in this state.
(3) The legal settlement of a child under
eighteen years of
age who is in the care or custody of a public or
private child
caring agency shall not change if the legal settlement of
the
parent changes until after the child has been in the home of
the
parent for a period of one year.
No person, adult or minor, may establish a legal settlement
in this state for the purpose of gaining admission to any state
institution.
(V)(1)
"Resident" means, subject to division (R)(2) of
this
section, a person
who is admitted either voluntarily
or
involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised
Code subsequent to a finding of not guilty
by reason of insanity
or incompetence to stand trial or under this
chapter who is under
observation or receiving habilitation and care in an institution.
(2)
"Resident" does not include a person admitted to an
institution or other facility under section 2945.39, 2945.40,
2945.401, or
2945.402 of the Revised Code to the extent that the
reference in this
chapter to
resident, or the context in which the
reference occurs, is in conflict with
any provision of sections
2945.37 to 2945.402 of the Revised Code.
(W)
"Respondent" means the person whose detention,
commitment, or continued commitment is being sought in any
proceeding under this chapter.
(X)
"Working day" and
"court day" mean Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a legal
holiday.
(Y)
"Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case
in
which a person was found guilty.
(Z)
"Court" means the probate division of the court of
common
pleas.
Sec. 5123.051. (A) If the department of mental retardation and
developmental disabilities determines pursuant to an audit conducted under
section 5123.05 of the Revised Code or a reconciliation
conducted under section 5123.18 or 5111.252 of the Revised
Code that money is owed the state by a provider of a
service person or program government entity, the department may enter into a payment agreement
with the provider person or government entity for collection of the money owed the state. The agreement
shall include the following:
(1) A schedule of installment payments whereby the money
owed the state is to be paid in full within a reasonable period not to
exceed one year;
(2) A provision that the provider
may pay the entire balance owed may be paid at any
time during the term of the agreement;
(3) A provision that if any installment is not paid in
full within forty-five days after it is due, the entire balance
owed is immediately due and payable;
(4) Any other terms and conditions that
are agreed to by
the department and the provider person or government entity.
(B) The department may include a provision in a
payment agreement
that requires the provider to pay payment of
interest on the money owed the state. The department, in
its discretion, shall determine whether to require the payment of
interest and, if it so requires, the rate of interest. Neither
the obligation to pay interest nor the rate of interest is
subject to negotiation between the department and the
provider person or government entity.
(C) If the provider fails to pay
any installment is not paid in full within forty-five days after its due
date, the department shall certify the entire balance
owed to the
attorney general for collection under section 131.02 of the
Revised Code. The To satisfy a judgment secured by the attorney general, the department may withhold funds from any payments made it makes to a
provider under section 5123.18 or 5111.252 of the
Revised Code to satisfy a
judgment secured by the attorney general person or government entity.
(D) The purchase of service fund is hereby
created. Money credited to the fund shall be used solely for purposes of
section 5123.05 of the
Revised Code.
Sec. 5123.19. (A) As used in this section and in
sections
5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and 5123.20 of the
Revised Code:
(1)(a) "Residential facility" means a home or facility in
which
a mentally retarded or developmentally disabled person
resides,
except the home of a relative or legal guardian in which
a
mentally retarded or developmentally disabled person resides, a
respite care home certified under section 5126.05 of the Revised
Code, a county home or district home operated pursuant to Chapter
5155. of the Revised Code, or a dwelling in which the only
mentally
retarded or developmentally disabled residents are in an
independent living arrangement or are being provided supported
living.
(b) "Intermediate care facility for the mentally retarded" means a residential facility that is considered an intermediate care facility for the mentally retarded for the purposes of Chapter 5111. of the Revised Code.
(2) "Political subdivision" means a municipal corporation,
county, or township.
(3) "Independent living arrangement" means an arrangement
in
which a mentally retarded or developmentally disabled person
resides in an individualized setting chosen by the person or
the
person's
guardian, which is not dedicated principally to the
provision of
residential services for mentally retarded or
developmentally
disabled persons, and for which no financial
support is received
for rendering such service from any
governmental agency by a
provider of residential services.
(4) "Supported living" has the same meaning as in section
5126.01 of the Revised Code.
(5) "Licensee" means the person or government agency that
has applied for a license to operate a residential facility and
to
which the license was issued under this section.
(B) Every person or government agency desiring to operate
a
residential facility shall apply for licensure of the facility
to
the director of mental retardation and developmental
disabilities
unless the residential facility is subject to
section 3721.02,
3722.04, 5103.03, or 5119.20 of the Revised
Code. Notwithstanding
Chapter 3721. of the Revised Code, a
nursing home that is
certified as an intermediate care facility
for the mentally
retarded under Title XIX of the "Social Security
Act,"
79 Stat.
286 (1965), 42 U.S.C.A.
1396, as amended, shall
apply
for licensure of the portion of the home that is certified
as an
intermediate care facility for the mentally retarded.
(C) The Subject to section 5123.196 of the Revised Code, the director of mental retardation and developmental
disabilities shall license
the operation of
residential facilities.
An
initial license
shall be issued for a
period
that does not exceed one year, unless the director denies
the license under division (D) of this section. A license shall
be renewed for a
period that does not exceed three years, unless
the director refuses to renew the license under division (D) of
this section. The director, when
issuing or renewing a license,
shall specify the period for which
the license is being issued or
renewed. A license remains valid
for the length of the licensing
period specified by the director,
unless the
license is
terminated, revoked, or voluntarily
surrendered.
(D) If it is determined that an applicant or licensee
is
not in compliance with a provision of this chapter that applies to
residential facilities or the rules adopted under
such a
provision,
the director may deny issuance of a license, refuse to
renew a
license, terminate a license, revoke a license, issue an
order for
the suspension of admissions to a facility, issue an
order for the
placement of a monitor at a facility, issue an order
for the
immediate removal of residents, or take any other action
the
director considers necessary consistent with the director's
authority under this chapter regarding residential facilities. In
the director's selection and
administration of the sanction to be
imposed, all of the following
apply:
(1) The director may deny, refuse to renew, or revoke a
license, if the director determines that the applicant or licensee
has demonstrated a pattern of serious noncompliance or that
a
violation creates a substantial risk to the health and safety of
residents of a residential facility.
(2) The director may terminate a license if more than twelve
consecutive months have elapsed since the
residential facility was
last occupied by a resident or a notice
required by division (J)
of this section is not given.
(3) The director may issue an order for the suspension of
admissions to a facility for any violation that may result in
sanctions under
division (D)(1) of this section and for any other
violation
specified in rules adopted under division (G)(2) of this
section.
If the suspension of admissions is imposed for a
violation that
may result in sanctions under division (D)(1) of
this section, the
director may impose the suspension before
providing an opportunity for an adjudication under Chapter 119. of
the Revised Code. The
director shall lift an order for the
suspension of admissions
when the director determines that the
violation that formed the basis
for the order has been
corrected.
(4) The director may order the placement of a monitor at a
residential facility for any violation specified in rules adopted
under division (G)(2) of this section. The director shall lift
the order when the director determines that the violation that
formed the basis for the order
has been corrected.
(5) If the director determines that two or more residential
facilities owned or operated by the same person or government
entity are not being operated in compliance with a provision of
this chapter that applies to residential facilities or
the rules
adopted under such a provision, and the director's findings are
based
on the same or a substantially similar action, practice,
circumstance, or incident that creates a substantial risk to the
health and safety of the residents, the director shall conduct a
survey as soon as practicable at each residential facility owned
or operated by that person or government entity. The director may
take any action authorized by this section with respect to any
facility found to be operating in violation of a provision of this
chapter that applies to residential facilities or the
rules
adopted under such a provision.
(6) When the director initiates license revocation
proceedings,
no opportunity for submitting a plan of correction
shall be
given.
The director shall notify the licensee by letter
of the
initiation
of such proceedings. The letter shall list the
deficiencies of
the residential facility and inform the licensee
that no plan of
correction will be accepted. The director shall
also notify each
affected resident, the resident's guardian if
the
resident is an
adult for whom a guardian has been appointed,
the
resident's
parent or guardian if the resident is a minor, and
the
county
board of mental retardation and developmental
disabilities.
(7) Pursuant to rules which shall be adopted in
accordance
with
Chapter 119. of the Revised Code, the director may order the
immediate removal of residents from a residential facility
whenever conditions at the facility present an immediate danger
of
physical or psychological harm to the residents.
(8) In determining whether a residential facility is being
operated in compliance with a provision of this chapter that
applies to residential facilities or the rules adopted
under such
a provision, or whether conditions at a residential facility
present
an immediate danger of physical or psychological harm to
the
residents, the director may rely on information obtained by a
county board of mental retardation and developmental disabilities
or other governmental agencies.
(9) In proceedings initiated to deny, refuse to renew, or
revoke licenses, the director may deny, refuse to renew, or revoke
a license
regardless of whether some or all of the deficiencies
that
prompted the proceedings have been corrected at the time of
the
hearing.
(E) The director shall establish a program
under which
public notification may be made when the director has initiated
license revocation proceedings or has issued an order for the
suspension of admissions, placement of a monitor, or removal of
residents. The director shall adopt rules in accordance with
Chapter 119. of the Revised Code to
implement this division. The
rules shall establish the procedures
by which the public
notification will be made and specify the
circumstances for which
the notification must be made.
The rules shall require that public
notification be made if the director
has
taken action against the
facility in the eighteen-month period
immediately preceding the
director's latest action against the
facility and the latest
action is being taken for the same or a
substantially similar
violation of a provision of this chapter that applies to
residential facilities or the rules
adopted under such a
provision. The rules shall specify a method for removing
or
amending the public notification if the
director's action is
found
to have been unjustified or the
violation at the residential
facility has been corrected.
(F)(1) Except as provided in division (F)(2) of this section,
appeals from proceedings initiated to
impose a sanction under division
(D) of this section shall be
conducted
in
accordance
with Chapter
119. of the Revised Code.
(2) Appeals from proceedings initiated to order the
suspension
of
admissions to a facility shall be conducted in
accordance with
Chapter 119. of the Revised Code, unless the order
was issued
before providing an opportunity for an adjudication, in
which case
all of the following apply:
(a) The licensee may request a hearing not later than
ten
days after receiving the notice specified in section 119.07 of
the
Revised Code.
(b) If a timely request for a hearing is made, the hearing
shall commence not later than thirty days after the department
receives the request.
(c) After commencing, the hearing shall continue
uninterrupted, except for Saturdays, Sundays, and legal holidays,
unless other interruptions are agreed to by the licensee and
the
director.
(d) If the hearing is conducted by a hearing examiner, the
hearing examiner shall file a report and recommendations not later
than ten days after the close of the hearing.
(e) Not later than five days after the hearing examiner
files the report and recommendations, the licensee may file
objections to the report and recommendations.
(f) Not later than fifteen days after the hearing examiner
files the report and recommendations, the director shall issue an
order approving, modifying, or disapproving the report and
recommendations.
(g) Notwithstanding the pendency of the hearing, the
director shall lift the order for the suspension of admissions
when the director determines that the violation that formed the
basis for the order has been
corrected.
(G) In accordance with Chapter 119. of the Revised Code, the
director shall adopt and may amend and rescind rules for
licensing
and regulating the operation of residential facilities, including intermediate care facilities for the mentally retarded. The rules for intermediate care facilities for the mentally retarded may differ from those for other residential facilities.
The rules
shall establish
and specify the following:
(1) Procedures
and criteria for issuing
and renewing
licenses, including procedures and criteria for determining the
length of the licensing period that the director must specify for
each license when it is issued or renewed;
(2) Procedures and criteria for denying,
refusing to renew,
terminating,
and revoking
licenses
and for ordering the suspension
of
admissions
to a facility, placement of a monitor
at a facility,
and the
immediate removal of residents from a facility;
(3) Fees for issuing
and renewing licenses;
(4) Procedures for
surveying
residential
facilities;
(5) Requirements for the training of residential facility
personnel;
(6) Classifications for the various types of residential
facilities;
(7) Certification procedures for licensees and management
contractors that the director determines are necessary to ensure
that they have the skills and qualifications to properly operate
or manage residential facilities;
(8) The maximum number of persons who may be served in a
particular type of residential facility;
(9) Uniform procedures for admission of persons to and
transfers and discharges of persons from residential facilities;
(10) Other standards for the operation of residential
facilities and the services provided at residential facilities;
(11) Procedures for waiving any provision of any rule
adopted under this section.
(H) Before issuing a license, the director of the
department
or the director's designee shall conduct
a survey of
the
residential facility for which application is
made. The
director
or the director's designee shall conduct
a
survey of
each licensed
residential facility at least
once
during the period the license is valid and may
conduct
additional inspections as needed.
A survey
includes
but is
not limited to an on-site examination and
evaluation of the
residential facility, its personnel, and the
services provided
there.
In conducting
surveys, the director or the
director's
designee
shall be given access to the residential
facility; all records,
accounts, and any other documents related
to the operation of the
facility; the licensee; the residents of
the facility; and all
persons acting on behalf of, under the
control of, or in
connection with the licensee. The licensee and
all persons on
behalf of, under the control of, or in connection
with the
licensee shall cooperate with the director or the
director's
designee in
conducting the
survey.
Following each
survey, unless the director
initiates a license revocation proceeding, the director or the
director's designee shall
provide the licensee with a report
listing any deficiencies,
specifying a timetable within which the
licensee shall submit a
plan of correction describing how the
deficiencies will be
corrected, and, when appropriate, specifying
a timetable within
which the licensee must correct the
deficiencies. After a plan
of
correction is submitted, the
director or the director's
designee
shall
approve or disapprove
the plan. A copy of the report and
any
approved plan of
correction shall be provided to any person
who
requests it.
The director shall
initiate disciplinary action against any
department employee who notifies or causes
the notification to any
unauthorized person of an unannounced
survey of a
residential facility by an authorized
representative of the
department.
(I) In addition to any other information which may be
required of applicants for
a
license pursuant to this
section,
the
director shall require each applicant
to provide a
copy of an
approved plan for a proposed
residential facility
pursuant to
section 5123.042 of the Revised
Code.
This division does not apply
to renewal of a license.
(J) A licensee shall notify the owner of the
building in
which the licensee's residential facility is located
of any
significant change in the identity of the licensee or
management
contractor before the effective date of the change if
the licensee
is not the owner of the building.
Pursuant to rules which shall
be adopted in
accordance
with
Chapter 119. of the Revised Code,
the director may
require
notification to the department of any
significant change
in the
ownership of a residential facility or
in the identity of
the
licensee or management contractor.
If the director determines that a
significant
change of
ownership
is proposed, the director shall
consider the
proposed
change to
be
an application for development
by a new
operator
pursuant to
section 5123.042 of the Revised Code
and
shall
advise
the
applicant within sixty days of such
notification
that
the
current
license shall continue in effect or
a new license
will be
required
pursuant to this section.
If the
director requires a new
license,
the director shall permit the
facility to continue to
operate
under the current license until
the new license is issued,
unless
the current license is revoked,
refused to be renewed, or
terminated in accordance with Chapter
119. of the Revised Code.
(K) A county board of mental retardation and
developmental
disabilities, the legal rights service, and any
interested person
may file complaints alleging violations of
statute or department
rule relating to residential facilities with
the department. All
complaints shall be in writing and shall
state the facts
constituting the basis of the allegation. The
department shall
not reveal the source of any complaint unless the
complainant
agrees in writing to waive the right to
confidentiality or until
so ordered by a court of competent
jurisdiction.
The department shall
adopt rules
in accordance with Chapter 119. of the Revised Code establishing
procedures for the receipt, referral, investigation, and
disposition of complaints filed with the department under this
division.
(L) The department shall establish procedures for the
notification of interested parties of the transfer or interim
care
of residents from residential facilities that are closing or
are
losing their license.
(M)
Before issuing a license under this section to a
residential facility that will
accommodate at any time
more than
one mentally retarded or developmentally disabled
individual, the
director shall, by first class
mail, notify the following:
(1) If the facility will be located in a municipal
corporation, the clerk of the legislative authority of the
municipal corporation;
(2) If the facility will be located in unincorporated
territory, the clerk of the appropriate board of county
commissioners and the clerk of the appropriate board of township
trustees.
The director shall
not
issue the license for ten
days
after
mailing the notice, excluding
Saturdays, Sundays, and legal
holidays, in order to give the
notified local officials time in
which to comment on the proposed
issuance.
Any legislative authority of a municipal corporation, board
of county commissioners, or board of township trustees that
receives notice under this division of the proposed issuance of a
license for a residential facility may comment on it in writing
to
the director within ten days after the director mailed the
notice,
excluding Saturdays, Sundays, and legal holidays. If the
director
receives written comments from any notified officials
within the
specified time, the director shall make written
findings
concerning the comments and the director's decision on the
issuance of the
license. If the director does not receive written
comments from
any notified local officials within the specified
time, the
director shall
continue the process for issuance of the
license.
(N) Any person may operate a licensed residential
facility
that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least six but
not more than eight
persons with mental retardation or a
developmental disability as a
permitted use in any residential
district or zone, including any
single-family residential district
or zone, of any political
subdivision. These residential
facilities may be
required to comply with area,
height, yard, and
architectural compatibility requirements that
are uniformly
imposed upon all single-family residences within
the district or
zone.
(O) Any person may operate a licensed residential
facility that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least nine
but not more than
sixteen persons with mental retardation or a
developmental
disability as a
permitted use in any multiple-family
residential district or zone
of any political subdivision, except
that a political subdivision
that has enacted a zoning ordinance
or resolution establishing
planned unit development districts may
exclude these
residential facilities from
such districts, and a
political subdivision that has enacted a
zoning ordinance or
resolution may regulate these
residential facilities in
multiple-family residential districts or zones as a conditionally
permitted use or special exception, in either case, under
reasonable and specific standards and conditions set out in the
zoning ordinance or resolution to:
(1) Require the architectural design and site layout of
the
residential facility and the location, nature, and
height of any
walls,
screens, and fences to be compatible with adjoining land
uses and
the residential character of the neighborhood;
(2) Require compliance with yard, parking, and sign
regulation;
(3) Limit excessive concentration of these residential
facilities.
(P) This section does not prohibit a political
subdivision
from applying to residential facilities
nondiscriminatory
regulations requiring compliance with health,
fire, and safety
regulations and building standards and
regulations.
(Q) Divisions
(N)
and
(O) of this section are not
applicable to municipal corporations that had in effect on June
15, 1977, an ordinance specifically permitting in residential
zones licensed residential facilities by means of permitted uses,
conditional uses, or special exception, so long as such ordinance
remains in effect without any substantive modification.
(R)(1) The director may issue an interim license to
operate a
residential facility to an applicant for a license under
this
section if
either of the following
is
the case:
(a) The director determines that an emergency exists
requiring immediate placement of persons in a residential
facility,
that insufficient licensed beds are available, and that the residential
facility
is likely to receive a
permanent license under this
section within
thirty
days after issuance of the interim license.
(b) The director determines that the issuance of an interim
license is necessary to meet a temporary need for a residential
facility.
(2) To be eligible to receive an interim license, an
applicant must meet the same criteria that must be met to receive
a permanent license under this section, except for any differing
procedures and time frames that may apply to issuance of a
permanent license.
(3) An interim license shall be valid for thirty days and
may
be renewed by the director
for a period not
to exceed one hundred fifty days.
(4) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code as the director considers
necessary to administer the issuance of interim licenses.
(S) Notwithstanding rules adopted pursuant to this
section
establishing the maximum number of persons who may be
served in a
particular type of residential facility, a residential
facility
shall be permitted to serve the same number of persons
being
served by the facility on the effective date of such rules
or the
number of persons for which the facility is authorized
pursuant
to a current application for a certificate of need with a
letter
of support from the department of mental retardation and
developmental disabilities and which is in the review process
prior to April 4, 1986.
(T) The director or the director's designee may enter at
any time,
for purposes of investigation, any home, facility, or
other
structure that has been reported to the director or that the
director has reasonable cause to believe is being operated as a
residential facility without a license issued under this section.
The director may petition the court of common pleas of the
county in which an unlicensed residential facility is located for
an order enjoining the person or governmental agency operating
the
facility from continuing to operate without a license. The
court
may grant the injunction on a showing that the person or
governmental agency named in the petition is operating a
residential facility without a license. The court may grant the
injunction, regardless of whether the residential facility meets
the requirements for receiving a license under this section.
(U) Except as provided in section 5123.196 of the Revised Code, whenever a resident of a residential facility is committed to a state-operated intermediate care facility for the mentally retarded pursuant to sections 5123.71 to 5123.76 of the Revised Code, the department shall reduce by one the maximum number of residents for which the facility is licensed.
Sec. 5123.196. (A) The director of mental retardation and developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section.
(B) The maximum number of beds for the purpose of division (A) of this section shall not exceed ten thousand eight hundred thirty-eight minus, except as provided in division (C) of this section, the number of such beds taken out of service on or after July 1, 2003, pursuant to section 5123.197 of the Revised Code or because a residential facility license is revoked, terminated, or not renewed for any reason or is surrendered.
(C) The director is not required to reduce the maximum number of beds pursuant to division (B) of this section by a bed taken out of service if the director determines that the bed is needed to provide services to an individual with mental retardation or a developmental disability who resided in the residential facility in which the bed was located.
(D) The director shall maintain an up-to-date written record of the maximum number of residential facility beds provided for by division (B) of this section.
Sec. 5123.197. A licensee shall take out of service as a residential facility bed any bed located in the facility that is converted to use for supported living. The number of residential facility beds a residential facility is licensed to have shall be reduced by each bed taken out of service under this section.
Sec. 5123.198. (A) Whenever a resident of an intermediate care facility for the mentally retarded is committed to a state-operated intermediate care facility for the mentally retarded pursuant to sections 5123.71 to 5123.76 of the Revised Code, the department of mental retardation and developmental disabilities shall reduce by one the number of residents for which the facility in which the resident resided is licensed, unless the facility admits an individual who resides in a state-operated intermediate care facility for the mentally retarded on the date of the commitment or another individual determined to need the level of care provided by such a facility and designated by the department not later than ninety days after the date of the commitment.
(B) The department of mental retardation and developmental disabilities may notify the department of job and family services of any reduction under this section in the number of residents for which a facility is licensed. On receiving the notice, the department of job and family services may transfer to the department of mental retardation and developmental disabilities the savings in the nonfederal share of medicaid expenditures for each fiscal year after the year of the commitment to be used for costs of the resident's care in the state-operated intermediate care facility for the mentally retarded. In determining the amount saved, the department of job and family services shall consider medicaid payments for the remaining residents of the facility in which the resident resided.
Sec. 5111.252 5123.199. (A) As used in this section:
(1) "Contractor" means a person or government agency that
has entered into a contract with the department of mental
retardation and developmental disabilities under this section.
(2) "Government agency" and "residential services" have
the same meanings as in section 5123.18 of the Revised Code.
(3) "Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
(4) "Respite care services" has the same meaning as in
section 5123.171 of the Revised Code.
(B) The department of mental retardation and developmental
disabilities may enter into a contract with a person or
government agency to do any of the following:
(1) Provide residential services in an intermediate care
facility for the mentally retarded to an individual who meets the
criteria for admission to such a facility but is not eligible for
assistance under this chapter Chapter 5111. of the Revised Code due to unliquidated assets subject
to final probate action;
(2) Provide respite care services in an intermediate care
facility for the mentally retarded;
(3) Provide residential services in a facility for which
the person or government agency has applied for, but has not
received, certification and payment as an intermediate care
facility for the mentally retarded if the person or government
agency is making a good faith effort to bring the facility into
compliance with requirements for certification and payment as an
intermediate care facility for the mentally retarded. In
assigning payment amounts to such contracts, the department shall
take into account costs incurred in attempting to meet
certification requirements.
(4) Reimburse an intermediate care facility for the
mentally retarded for costs not otherwise reimbursed under this
chapter Chapter 5111. of the Revised Code for clothing for individuals who are mentally retarded or
developmentally disabled. Reimbursement under such contracts
shall not exceed a maximum amount per individual per year
specified in rules that the department shall adopt in accordance
with Chapter 119. of the Revised Code.
(C) The amount paid to a contractor under divisions (B)(1)
to (3) of this section shall not exceed the reimbursement that
would be made under this chapter Chapter 5111. of the Revised Code by the department of job and family
services for the same goods and services.
(D) The department of mental retardation and developmental
disabilities shall adopt rules as necessary to implement this
section, including rules establishing standards and procedures
for the submission of cost reports by contractors and the
department's conduct of audits and reconciliations regarding the
contracts. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.
Sec. 5123.38. (A) Except as provided in division (B) and (C) of this section, if an individual receiving supported living or home and community-based services, as defined in section 5126.01 of the Revised Code, funded by a county board of mental retardation and developmental disabilities is committed to a state-operated intermediate care facility for the mentally retarded pursuant to sections 5123.71 to 5123.76 of the Revised Code, the department of mental retardation and developmental disabilities shall use the funds otherwise allocated to the county board as the nonfederal share of medicaid expenditures for the individual's care in the state-operated facility.
(B) Division (A) of this section does not apply if the county board, not later than ninety days after the date of the commitment of a person receiving supported services, commences funding of supported living for an individual who resides in a state-operated intermediate care facility for the mentally retarded on the date of the commitment or another eligible individual designated by the department.
(C) Division (A) of this section does not apply if the county board, not later than ninety days after the date of the commitment of a person receiving home and community-based services, commences funding of home and community-based services for an individual who resides in a state-operated intermediate care facility for the mentally retarded on the date of the commitment or another eligible individual designated by the department.
Sec. 5123.61. (A) As used in this section:
(1)
"Law enforcement agency" means the state highway
patrol,
the police department of a municipal corporation, or a
county
sheriff.
(2)
"Abuse" has the same meaning as in section 5123.50 of
the Revised Code,
except that it includes a misappropriation, as
defined in that section.
(3)
"Neglect" has the same meaning as in section 5123.50 of
the Revised Code.
(B) The department of mental retardation and developmental
disabilities shall establish a registry office for the purpose of
maintaining reports of abuse, neglect, and other
major unusual
incidents made to the department
under this section and reports
received from county boards of
mental retardation and
developmental disabilities under section
5126.31 of the Revised
Code. The department shall establish committees to
review reports
of abuse, neglect, and other major unusual incidents.
(C)(1) Any person listed in division (C)(2) of this
section,
having reason to believe that a person with mental retardation or
a developmental disability has suffered any wound, injury,
disability, or condition of such a nature as to reasonably
indicate abuse or neglect of that person, shall
immediately report
or cause reports to be made of such information to a law
enforcement agency or to the county board of mental retardation
and developmental disabilities, except that if the report
concerns
a resident of a facility operated by the department of
mental
retardation and developmental disabilities the report
shall be
made either to a law enforcement agency or to the
department.
(2) All of the following persons are required to make a
report under division (C)(1) of this section:
(a) Any physician, including a hospital intern or
resident,
any dentist, podiatrist, chiropractor, practitioner of
a limited
branch of medicine as
specified in section
4731.15 of the Revised
Code, hospital administrator or employee
of a hospital, nurse
licensed under Chapter 4723. of the Revised
Code, employee of an
ambulatory a health facility as defined in
section 5101.61 of the
Revised Code that provides outpatient services, employee of a home health
agency, employee of an
adult care facility licensed under Chapter
3722. of the Revised
Code, or employee of a community mental health
facility;
(b) Any school teacher or school authority, social worker,
psychologist, attorney, peace officer, coroner, clergyman, or
residents' rights advocate as defined in section 3721.10 of the
Revised Code;
(c) A superintendent, board member, or employee of a
county
board of mental retardation and developmental
disabilities; an
administrator, board member, or employee of a
residential facility
licensed under section 5123.19 of the
Revised Code; an
administrator, board member, or employee of
any other public or
private provider of services to a person with mental
retardation
or a developmental disability, or any MR/DD
employee, as defined
in section 5123.50 of the Revised
Code;
(d) A member of a citizen's advisory council established at
an institution or branch institution of the department of mental
retardation and developmental disabilities under section 5123.092
of the Revised Code;
(e) A person who, while acting in an official or
professional
capacity, renders spiritual treatment through
prayer
in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not
apply
to members of the legal rights service commission or to
employees
of the legal rights service.
(D) The reports required under division (C) of this
section
shall be made forthwith by telephone or in person and
shall be
followed by a written report. The reports shall contain
the
following:
(1) The names and addresses of the person with mental
retardation or a
developmental disability and the person's
custodian,
if known;
(2) The age of the person with mental retardation or a
developmental
disability;
(3) Any other information that
would assist in the
investigation of the report.
(E) When a physician performing services as a member of
the
staff of a hospital or similar institution has reason to
believe
that a
person with mental retardation or a developmental
disability has
suffered injury, abuse, or physical neglect, the
physician
shall notify the person in charge of the institution or
that person's
designated delegate, who shall make the necessary
reports.
(F) Any person having reasonable cause to believe that a
person with
mental retardation or a developmental disability has
suffered
abuse or neglect may report the belief, or cause a report
to be
made, to a law enforcement agency or the county board of
mental
retardation and developmental disabilities, or, if the
person is a resident of a facility operated by the department of
mental
retardation and developmental disabilities, to a law
enforcement
agency or to the department.
(G)(1) Upon the receipt of a report concerning the
possible
abuse or neglect of
a person with mental retardation or a
developmental disability, the
law enforcement agency shall inform
the county board of mental
retardation and developmental
disabilities or, if the
person is a resident of a facility
operated by the department of mental
retardation and developmental
disabilities, the director of the
department or the director's
designee.
(2) On receipt of a
report under this section that includes
an allegation
of action or inaction that may constitute a crime
under federal law or the law
of this state, the
department of
mental retardation and developmental disabilities
shall notify the
law enforcement agency.
(3) When a county board of mental retardation and
developmental disabilities receives a report under this section
that
includes an allegation of action or inaction that may
constitute a crime under
federal law or the law of this state,
the
superintendent of the board or an individual the superintendent
designates
under division (H) of this section shall notify the law
enforcement agency. The superintendent or individual
shall notify
the department of mental retardation and
developmental
disabilities when it receives any report under this
section.
(H) The superintendent of the board may designate an
individual to be responsible for notifying the law enforcement
agency and the department when the county board receives a report
under this section.
(I) An adult
with mental retardation or a developmental
disability
about whom a report is made may be removed from the
adult's place
of residence only by law enforcement officers who
consider that the adult's
immediate removal is essential to
protect the adult from further injury or
abuse or in accordance
with the order of a court made pursuant to section
5126.33 of the
Revised Code.
(J) A law enforcement agency shall investigate each report
of abuse or neglect it receives under this section. In
addition,
the
department, in cooperation with law enforcement officials,
shall
investigate each report regarding a resident of a facility
operated by the department to determine the circumstances
surrounding the injury, the cause of the injury, and the person
responsible. The department shall determine, with the registry
office which shall be maintained by the department, whether prior
reports have been made concerning
and
an adult with mental
retardation or
a developmental disability or other principals in
the case.
If the department finds that the report involves action
or inaction that may constitute a crime under federal law or the
law of this
state, it shall submit a report of its investigation,
in
writing, to the law enforcement agency. If the person with
mental
retardation or a developmental disability is an adult, with
the
consent of the adult, the department shall provide such
protective
services as are
necessary to protect the adult. The
law enforcement agency shall
make a written report of its findings
to the department.
If the person is an adult and is not a resident of a facility
operated by
the department, the county board of mental retardation
and
developmental disabilities shall review the report of abuse or
neglect in accordance with sections 5126.30 to 5126.33 of the
Revised Code and the law enforcement agency shall make the
written
report of its findings to the county board.
(K) Any person or any hospital, institution, school,
health
department, or agency participating in the making of
reports
pursuant to this section, any person participating as a
witness in
an administrative or judicial proceeding resulting
from the
reports, or any person or governmental entity that
discharges
responsibilities under sections 5126.31 to 5126.33 of
the Revised
Code shall be immune from any civil or criminal
liability that
might otherwise be incurred or imposed as a result
of such actions
except liability for perjury, unless the person
or governmental
entity has acted in bad faith or with malicious
purpose.
(L) No employer or any person with the authority to do so
shall discharge, demote, transfer, prepare a negative work
performance evaluation, reduce pay or benefits, terminate work
privileges, or take any other action detrimental to an employee
or
retaliate against an employee as a result of the employee's
having
made a report under this section. This division does not
preclude
an employer or person with authority from taking action
with
regard to an employee who has made a report under this
section if
there is another reasonable basis for the action.
(M) Reports made under this section are not public records
as defined in section 149.43 of the Revised Code. Information
contained in the reports on request shall be made available to
the
person who is the subject of the report, to the
person's legal
counsel, and to agencies authorized to
receive information in the
report
by the department or by a county board of mental
retardation and
developmental disabilities.
(N) Notwithstanding section 4731.22 of the Revised Code,
the
physician-patient privilege shall not be a ground for
excluding
evidence regarding the injuries or physical neglect
of a person
with mental retardation or a developmental disability or
the cause
thereof in any judicial proceeding resulting from a
report
submitted pursuant to this section.
Sec. 5123.801. If neither a discharged resident, nor a
resident granted trial visit, nor the persons requesting the
resident's trial visit or discharge are financially able to bear the
expense of the resident's trial visit or discharge, the
managing officer of an institution under the
control of the department of mental retardation and developmental
disabilities may then provide actual traveling and escort
expenses to the township of which the resident resided at the
time of institutionalization. The amount payable shall be charged to the
current expense fund of the institution.
The expense of the return of a resident on trial visit from
an institution, if it cannot be paid by the responsible
relatives, shall be borne by the county of institutionalization.
The managing officer of the institution shall take all
proper measures for the apprehension of an escaped resident. The
expense of the return of an escaped resident shall be borne by
the institution where the resident is institutionalized.
The managing officer of the institution shall provide
sufficient and proper clothing for traveling if neither the
resident nor the persons requesting the resident's trial
visit or discharge are financially able to provide that
clothing.
Sec. 5123.851. When a resident institutionalized pursuant to this chapter is discharged from the institution, the managing officer of the institution may provide the resident with all personal items that were purchased in implementing the resident's habilitation plan established pursuant to section 5123.85 of the Revised Code. The personal items may be provided to the resident, regardless of the source of the funds that were used to purchase the items.
Sec. 5126.042. (A) As used in this section:
(1)
"Emergency" , "emergency" means any situation that creates for an
individual with mental retardation or developmental disabilities a
risk of
substantial self-harm or substantial harm to others if
action is not taken
within thirty days. An
"emergency" may
include one or more of the following
situations:
(a)(1) Loss of present residence for any reason, including
legal
action;
(b)(2) Loss of present caretaker for any reason, including
serious
illness of the caretaker, change in the caretaker's
status, or inability of
the caretaker to perform effectively for
the individual;
(c)(3) Abuse, neglect, or exploitation of the individual;
(d)(4) Health and safety conditions that pose a serious risk to
the
individual or others of immediate harm or death;
(e)(5) Change in the emotional or physical condition of the
individual that necessitates substantial accommodation that cannot
be
reasonably provided by the individual's existing caretaker.
(2)
"Medicaid" has the same meaning as in section 5111.01 of
the Revised Code.
(B) If a county board of mental
retardation and
developmental disabilities determines that
available resources are
not sufficient to meet the needs of all
individuals who request
programs and services and may be offered
the programs and
services, it shall establish waiting lists for
services. The
board may establish priorities for making placements on its
waiting lists according to an individual's emergency
status
and
shall establish priorities in accordance with division divisions
(D) and (E) of this
section.
The individuals who may be placed on a waiting list include
individuals
with a need for services on an emergency
basis and
individuals who
have requested services for which
resources are
not available.
Except for an individual who is to receive priority for
services pursuant to division (D)(3) of this section, an
individual who currently receives a service but would like
to
change
to another service shall not be placed on a waiting list
but shall be placed
on a service substitution list. The
board
shall work with the individual,
service providers, and all
appropriate entities to facilitate the change in
service as
expeditiously as possible. The board may establish priorities for
making placements on its service substitution lists
according to
an
individual's emergency
status.
In addition to maintaining waiting lists and service
substitution lists,
a board shall maintain a long-term
service
planning registry for individuals
who wish to record their
intention
to request in the future a service they are not
currently receiving. The
purpose of the registry is to enable
the
board to document requests and to plan appropriately. The board
may not
place an individual on the registry who meets the
conditions for receipt of
services on an emergency
basis.
(C) A county board shall establish a separate waiting list
for each of the following categories of services, and may
establish separate waiting lists within the waiting lists:
(1) Early childhood services;
(2) Educational programs for preschool and school age
children;
(4)
Service and support
administration;
(5) Residential services and supported living;
(6) Transportation services;
(7) Other services determined necessary and appropriate
for
persons with
mental retardation or a developmental disability
according to their
individual habilitation or service plans;
(8) Family support services provided under section 5126.11
of the Revised
Code.
(D)
Except as provided in division
(F)(G) of this section, a
county board shall do, as priorities, all of the following in
accordance with the
assessment component, approved under section
5123.046 of the Revised Code, of the
county
board's plan
developed
under section
5126.054 of the Revised
Code:
(1) For the purpose of obtaining additional federal
medicaid
funds for home and community-based services, medicaid
case
management services, and habilitation center services, do
both of
the following:
(a) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include supported living,
residential services, or family support services:
(i) Is twenty-two years of age or older;
(ii) Receives supported living or family support services.
(b) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include adult services:
(i) Resides in the individual's own home or the home of the
individual's family and will continue to reside in that home after
enrollment in home and community-based services;
(ii) Receives adult services from the county board.
(2) As federal medicaid funds become available pursuant to
division (D)(1) of this section,
give an
individual who is
eligible for home and community-based services
and meets any of
the following requirements priority for such services over any
other individual on a waiting list established under division (C)
of this section:
(a) Does not receive residential services or supported
living, either needs services in the individual's current living
arrangement or will need services in a new living arrangement, and
has a primary caregiver who is sixty years of age or older;
(b) Is less than twenty-two years of age and has at least
one of the following
service needs that are
unusual in scope or
intensity:
(i) Severe behavior problems for
which a behavior support
plan is needed;
(ii) An emotional disorder for which anti-psychotic
medication is needed;
(iii) A medical condition that leaves the individual
dependent on life-support medical technology;
(iv) A condition affecting multiple body systems for which
a
combination of specialized medical, psychological, educational,
or
habilitation services are needed;
(v) A condition the county board determines to be
comparable
in severity to any condition described in division
(D)(2)(b)(i)
to
(iv) of this section and places the individual at
significant
risk
of institutionalization.
(c) Is twenty-two years of age or older, does not receive
residential services or supported living, and is determined
by
the
county board to have intensive needs for
home and
community-based
services
on an in-home or out-of-home basis.
(3) In fiscal years 2002 and 2003, give an individual who
is
eligible for home and community-based services, resides in an
intermediate care facility for the
mentally retarded or nursing
facility, chooses to move to
another
setting with the help of
home
and community-based services, and has been determined by the
department of mental retardation and developmental
disabilities to
be capable of residing in
the other setting, priority over any
other individual on a waiting list established under division (C)
of this section for home and community-based services who does not
meet these criteria. The department of mental retardation and
developmental disabilities shall identify the individuals to
receive priority under division (D)(3) of this section, assess the
needs of the individuals, and notify the county boards that are to
provide the individuals priority under division (D)(3) of this
section of the individuals identified by the department and the
individuals' assessed needs.
(E) Except as provided in division (G) of this section and for a number of years and beginning on a date specified in rules adopted under division (K) of this section, a county board shall give an individual who is eligible for home and community-based services, resides in a nursing facility, chooses to move to another setting with the help of home and community-based services, and has been determined by the department of mental retardation and developmental disabilities to be capable of residing in the other setting, priority over any other individual on a waiting list established under division (C) of this section for home and community-based services who does not meet these criteria.
(F)
If two or more individuals on a waiting list established
under division (C) of this section for home and community-based
services have priority for the services pursuant to division
(D)(1) or (2) or (E) of this section, a county board may use,
until
December 31, 2003, criteria specified in rules adopted under
division (J)(K)(2) of this section in determining the order in which
the individuals with priority will be offered the services.
Otherwise, the county board shall offer the home and
community-based services to such individuals in the order they are
placed on the waiting list.
(F)(G)(1) No individual may receive priority for services
pursuant to division (D) or (E) of this section over an individual
placed
on a waiting list established under division (C) of this
section
on an emergency status.
(2) No more than
four hundred individuals in the state
may
receive priority for services during
the
2002 and
2003
biennium
pursuant to division (D)(2)(b) of this
section.
(3) No more than a total of
seventy-five individuals in the
state may
receive priority for
services during state fiscal years
2002 and
2003 pursuant to
division (D)(3) of this section.
(G)(4) No more than forty individuals in the state may receive priority for services pursuant to division (E) of this section for each year that priority category is in effect as specified in rules adopted under division (K) of this section.
(H) Prior to establishing any waiting list under this
section, a county board shall develop and implement a policy for
waiting lists that complies with
this section and rules
adopted
under division (J)(K) of this
section.
Prior to placing an individual on a waiting list, the county
board
shall assess the service needs of the individual in
accordance
with all applicable state and federal laws. The county
board
shall place the individual on the appropriate waiting list
and
may place the individual on more than one waiting list.
The
county board shall notify the individual of the individual's
placement and position on each waiting list on which the
individual is placed.
At least annually, the county board shall reassess the
service needs of each individual on a waiting list. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from
the
waiting list. If it determines that an individual needs a program
or
service other than the one for which the individual is on the
waiting list,
the county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the
program or service in accordance with the board's
policy for waiting lists.
When a program or service for which there is a waiting list
becomes available, the county board shall reassess the service
needs of the individual next scheduled on the waiting list to
receive that program or service. If the reassessment
demonstrates
that the individual continues to need the program or
service, the
board shall offer the program or service to the
individual. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from the
waiting list.
If it determines that an individual needs a program
or service other than the
one for which the individual is on the
waiting list, the
county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the program or
service in accordance with the board's
policy for waiting lists.
The county board shall notify the
individual of the individual's placement and position on the
waiting list on which the individual is placed.
(H)(I) A child subject to a determination made pursuant to
section
121.38 of the Revised Code who requires the home
and
community-based services provided through the
medicaid component
that the department of
mental retardation and developmental
disabilities administers
under
section 5111.871 of the
Revised
Code shall
receive services through
that
medicaid component. For
all other services, a child subject
to a
determination
made
pursuant to section 121.38 of the Revised Code
shall
be
treated as
an emergency by the county boards and shall
not be
subject to a
waiting list.
(I)(J) Not later than the fifteenth day of
March of each
even-numbered year, each county board
shall prepare and submit to
the director of mental
retardation and developmental disabilities
its recommendations for the funding
of services for individuals
with mental retardation and developmental
disabilities and its
proposals for reducing the waiting lists for services.
(J)(K)(1) The department of mental retardation and
developmental
disabilities shall adopt rules in accordance with
Chapter 119. of
the Revised Code governing waiting lists
established under this
section. The rules shall include procedures
to be followed to
ensure that the due process rights of
individuals placed on
waiting lists are not violated.
(2) As part of the rules adopted under this division, the
department shall adopt, not later than December 31, 2001, rules
establishing criteria a county board may use under division (E)(F) of
this section in determining the order in which individuals with
priority for home and community-based services will be offered
the
services. The rules shall also specify conditions under which
a
county board, when there is no individual with priority for home
and community-based services pursuant to division (D)(1) or (2) or (E) of
this section available and appropriate for the services,
may offer
the services to an individual on a waiting list for the
services
but not given such priority for the services. The rules
adopted
under division (J)(K)(2) of this section shall cease to have
effect
December 31, 2003.
(K)(3) As part of the rules adopted under this division, the department shall adopt rules specifying both of the following for the priority category established under division (E) of this section:
(a) The number of years, which shall not exceed five, that the priority category will be in effect;
(b) The date that the priority category is to go into effect.
(L) The following shall take precedence over the
applicable
provisions of this section:
(1) Medicaid rules and regulations;
(2) Any specific requirements that may be contained within a
medicaid
state plan amendment or waiver program that a county
board has authority to
administer or with respect to which it has
authority to provide services,
programs, or supports.
Sec. 5126.12. (A) As used in this section:
(1)
"Approved school age
class" means a class
operated by a
county board of
mental
retardation and developmental
disabilities
and
funded by the
department of
education under
section
3317.20
of the
Revised Code.
(2)
"Approved preschool unit" means a class or unit operated
by a
county board of mental retardation and developmental
disabilities and approved
by the state board of education under
division (B) of section 3317.05
of the Revised Code.
(3)
"Active treatment" means a continuous treatment
program,
which includes aggressive, consistent implementation of
a program
of specialized and generic training, treatment, health
services,
and related services, that is directed toward the
acquisition of
behaviors necessary for an individual with mental retardation
or
other developmental disability to function with
as much
self-determination and independence as possible and
toward the
prevention of deceleration, regression, or loss of
current optimal
functional status.
(4)
"Eligible for active treatment" means that an
individual
with
mental retardation or other developmental disability resides
in an
intermediate care facility for the mentally retarded
certified
under Title XIX of the
"Social Security Act," 49 79 Stat.
620
286 (1935 1965), 42 U.S.C. 301 1396, as amended; resides in a state
institution
operated by the department of mental retardation and
developmental disabilities; or is enrolled in a home and
community-based services waiver program administered by
the
department of mental retardation and developmental
disabilities as
part of the medical assistance
program established under section
5111.01 of the Revised Code.
(5)
"Community alternative funding system" means the
program
under which habilitation
center services are reimbursed under
the
medicaid program pursuant to section 5111.041
of
the Revised
Code
and rules adopted under that section.
(6) "Home and community-based services waiver program" means, notwithstanding section 5126.01 of the Revised Code, medicaid-funded home and community-based services provided under a medicaid component the department of mental retardation and developmental disabilities administers pursuant to section 5111.871 or 5111.882 of the Revised Code.
(7) "Traditional adult services" means vocational and
nonvocational activities conducted within a sheltered workshop or
adult activity center or supportive home services.
(B) Each county board of mental retardation and
developmental disabilities shall certify to the director of
mental
retardation and developmental disabilities all of the following:
(1) On or before the fifteenth day of October, the average
daily
membership for the first full week of programs and services
during October receiving:
(a) Early childhood services provided pursuant to section
5126.05 of the Revised Code for children who are less than three
years of age on the thirtieth day of September of the academic
year;
(b) Special education for handicapped children in approved
school age
classes;
(c) Adult services for persons sixteen years of age and
older operated pursuant to section 5126.05 and division (B) of
section 5126.051 of the Revised Code. Separate counts shall be
made for
the following:
(i) Persons enrolled in traditional adult services who are
eligible for but not enrolled in active treatment under the
community alternative funding system;
(ii) Persons enrolled in traditional adult services who
are
eligible for and enrolled in active treatment under the
community
alternative funding system;
(iii) Persons enrolled in traditional adult services but
who
are not eligible for active treatment under the community
alternative funding system;
(iv) Persons participating in community employment
services.
To be counted as participating in community employment
services, a
person must have spent an average of no less than
ten hours per
week in that employment
during the preceding six
months.
(d) Other programs in the county for individuals with mental
retardation and developmental disabilities that have been approved
for
payment of subsidy by the department of mental retardation and
developmental disabilities.
The membership in each such program and service in the
county
shall be reported on forms prescribed by the department of
mental
retardation and developmental disabilities.
The department of mental retardation and developmental
disabilities shall adopt rules defining full-time equivalent
enrollees and for determining the
average daily membership
therefrom, except that
certification
of average daily membership
in approved school age
classes shall be
in accordance with
rules
adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount
representing the sum of the number of enrollees in each program or
service in the week for which the certification
is made by the
number of days the program or
service was
offered
in that week.
No
enrollee may be counted in average daily
membership for more
than
one program or service.
(2) By the fifteenth day of December, the number of children
enrolled in approved preschool units on the first day of December;
(3) On or before the thirtieth day
of March, an itemized
report
of all income and operating expenditures for the
immediately
preceding calendar year, in the format specified by
the department of
mental
retardation and developmental
disabilities;
(4) By the fifteenth day of February, a report of the
total
annual cost per enrollee for operation of
programs and services in
the preceding calendar year. The report
shall include a grand
total of all programs operated, the cost of
the individual
programs, and the sources of funds applied to each
program.
(5) That each required certification and report is in
accordance with rules established by the department of mental
retardation and developmental disabilities and the state board of
education for the operation and subsidization of the programs and
services.
(C) To compute payments under this section to the board
for
the fiscal year, the department of mental retardation and
developmental disabilities shall use the
certification of
average
daily membership required by division (B)(1) of this
section
exclusive of the average daily membership in any approved
school
age
class and the number in any approved preschool
unit.
(D) The department shall pay each county board for each
fiscal
year an amount equal to nine hundred fifty dollars
times
the
certified number of persons who on the
first day of December
of the academic year are under three
years of age and are not in
an approved preschool
unit. For persons who are
at least age
sixteen and are not in an approved school age
class, the
department shall pay
each county board for each fiscal year the
following amounts:
(1) One thousand dollars times the certified average daily
membership of persons enrolled in traditional adult services who
are eligible for but not enrolled in active treatment under the
community alternative funding system;
(2) One thousand two hundred dollars times the certified
average daily membership of persons enrolled in traditional adult
services who are eligible for and enrolled in active treatment
under the community alternative funding system;
(3) No less than one thousand five hundred dollars times
the
certified average daily membership of persons enrolled in
traditional adult services but who are not eligible for active
treatment under the community alternative funding system;
(4) No less than one thousand five hundred dollars times
the
certified average daily membership of persons participating
in
community employment services.
(E) The department shall distribute this subsidy to county
boards in semiannual installments of equal amounts. The
installments shall be made not later
than the thirty-first day of
August and the thirty-first day of
January.
(F) The director of mental retardation and developmental
disabilities shall make efforts to obtain increases in the
subsidies for early childhood services and adult services so that
the amount of the subsidies is equal to at least fifty per cent
of
the statewide average cost of those services minus any
applicable
federal reimbursements for those services. The
director shall
advise the director of budget and management of
the need for any
such increases when submitting the biennial
appropriations request
for the department.
(G) In determining the reimbursement of a county board for
the provision of
service and support
administration, family
support
services, and
other services
required or approved by the
director for which
children three
through twenty-one years of age
are eligible, the
department shall
include the average daily
membership in approved
school age or
preschool units. The
department, in accordance with
this
section
and upon receipt and
approval of the certification
required
by
this section and any
other information it requires to
enable it to
determine a board's
payments, shall pay the agency
providing the
specialized training
the amounts payable under this
section.
Sec. 5126.31. (A) A county board of mental retardation
and
developmental disabilities shall review reports of abuse and
neglect made under section 5123.61 of the Revised Code and
reports
referred to it under section 5101.611 of the Revised Code
to
determine whether the person who is the subject of the report
is
an adult
with mental retardation or a developmental disability in
need
of services to deal with the abuse or neglect. The board
shall
give notice of each report to the registry office of the
department of mental retardation and developmental disabilities
established pursuant to section 5123.61 of the Revised Code on
the
first working day after receipt of the report. If the report
alleges that there is a substantial risk to the adult of
immediate
physical harm or death, the board shall initiate review
within
twenty-four hours of its receipt of the report. If the
board
determines that the person is sixty years of age or older
but does
not have mental retardation or a developmental
disability, it
shall refer the case to the county department of job and
family
services or designated agency, as defined in section 5101.60 of the Revised Code. If the board determines that the person is an adult
with mental retardation or a
developmental disability, it shall
continue its review of
the case.
(B) For each review over which the board retains
responsibility under division (A) of this section, it shall do
all
of the following:
(1) Give both written and oral notice of the purpose of
the
review to the adult and, if any, to the
adult's legal counsel or
caretaker, in simple and clear language;
(2) Visit the adult, in the adult's
residence if possible,
and
explain the notice given under division (B)(1) of this
section;
(3) Request from the registry office any prior reports
concerning the adult or other principals in the case;
(4) Consult, if feasible, with the person who made the
report under section 5101.61 or 5123.61 of the Revised Code and
with any agencies or persons who have information about the
alleged abuse or neglect;
(5) Cooperate fully with the law enforcement agency
responsible for investigating the report and for filing any
resulting criminal charges and, on request, turn over evidence to
the agency;
(6) Determine whether the adult needs services, and
prepare
a written report stating reasons for the determination.
No adult
shall be determined to be abused, neglected, or in need
of
services for the sole reason that, in lieu of medical
treatment,
the adult relies on or is being furnished
spiritual treatment
through prayer alone in accordance with the tenets and practices
of a church or religious denomination of which the adult is a
member or
adherent.
(C) The board shall arrange for the provision of services
for the prevention, correction or discontinuance of abuse or
neglect or of a condition resulting from abuse or neglect for any
adult who has been determined to need the services and consents
to
receive them. These services may include, but are not limited
to,
service and support administration, fiscal
management, medical,
mental health,
home health care, homemaker,
legal, and residential
services and
the provision of temporary
accommodations and
necessities such as
food and clothing. The
services do not
include acting as a
guardian, trustee, or
protector as defined in
section 5123.55 of
the Revised Code. If
the provision of
residential services would
require expenditures
by the department
of mental retardation and
developmental
disabilities, the board
shall obtain the approval
of the
department prior to arranging the
residential services.
To arrange services, the board shall:
(1) Develop an individualized service plan
identifying the
types of services required for the adult, the
goals for the
services, and the persons or agencies that will
provide them;
(2) In accordance with rules established by the director
of
mental retardation and developmental disabilities, obtain the
consent of the adult or the adult's guardian to the
provision of
any of
these services and obtain the signature of the adult or
guardian
on the individual service plan. An adult who has been
found
incompetent under Chapter 2111. of the Revised Code may
consent
to services. If the board is unable to obtain consent, it
may
seek, if the adult is incapacitated, a court order pursuant to
section 5126.33 of the Revised Code authorizing the board to
arrange these services.
(D) The board shall ensure that the adult receives the
services arranged by the board from the provider and shall have
the services terminated if the adult withdraws consent.
(E) On completion of a review, the board shall submit a
written report to the registry office established under
section
5123.61 of the Revised Code. If the report includes a finding
that a person with
mental retardation or a developmental
disability is a victim of action or
inaction that may constitute a
crime under federal law or the law of this
state, the board shall
submit the report to the law enforcement agency
responsible for
investigating the report. Reports
prepared under this section are
not public records as defined in
section 149.43 of the Revised
Code.
(F) The board shall provide comprehensive formal training
for employees and other persons authorized to implement the
requirements of this section.
Sec. 5139.36. (A) In accordance with this section and the
rules adopted under it and from funds appropriated to the
department of youth services for the purposes of this section,
the department shall make grants that provide financial resources
to operate community corrections facilities for felony
delinquents.
(B)(1) Each community corrections facility that intends to
seek a grant under this section shall file an application with
the department of youth services at the time and in accordance
with the procedures that the department shall establish by rules
adopted in accordance with Chapter 119. of the Revised Code. In
addition to other items required to be included in the
application, a plan that satisfies both of the following shall be
included:
(a) It reduces the number of felony delinquents committed
to the department from the county or counties associated with the
community corrections facility.
(b) It ensures equal access for minority felony
delinquents to the programs and services for which a potential
grant would be used.
(2) The department of youth services shall review each
application submitted pursuant to division (B)(1) of this section
to determine whether the plan described in that division, the
community corrections facility, and the application comply with
this section and the rules adopted under it.
(C) To be eligible for a grant under this section and for
continued receipt of moneys comprising a grant under this
section, a community corrections facility shall satisfy at least
all of the following requirements:
(1) Be constructed, reconstructed, improved, or financed
by the Ohio building authority pursuant to section 307.021 of the
Revised Code and Chapter 152. of the Revised Code for the use of
the department of youth services and be designated as a community
corrections facility;
(2) Have written standardized criteria governing the types
of felony delinquents that are eligible for the programs and
services provided by the facility;
(3) Have a written standardized intake screening process
and an intake committee that at least performs both of the
following tasks:
(a) Screens all eligible felony delinquents who are being
considered for admission to the facility in lieu of commitment to
the department;
(b) Notifies, within ten days after the date of the
referral of a felony delinquent to the facility, the committing
court whether the felony delinquent will be admitted to the
facility.
(4) Comply with all applicable fiscal and program rules
that the department adopts in accordance with Chapter 119. of the
Revised Code and demonstrate that felony delinquents served by
the facility have been or will be diverted from a commitment to
the department.
(D) The department of youth services shall determine the
method of distribution of the funds appropriated for grants under
this section to community corrections facilities.
(E) With the consent of a committing court and of a
community corrections facility that has received a grant under
this section, the department of youth services may place in that
facility a felony delinquent who has been committed to the
department. During the period in which the felony delinquent
is in that facility, the felony delinquent (1) The department of youth services shall adopt rules in accordance with Chapter 119. of the Revised Code to establish the minimum occupancy threshold of community corrections facilities.
(2) The department may make referrals for the placement of children in its custody to a community corrections facility if the community corrections facility is not meeting the minimum occupancy threshold established by the department. At least forty-five days prior to the referral of a child, the department shall notify the committing court of its intent to place the child in a community corrections facility. The court shall have thirty days after the receipt of the notice to approve or disapprove the placement. If the court does not respond to the notice of the placement within that thirty-day period, the department shall proceed with the placement and debit the county in accordance with sections 5139.41 to 5139.45 of the Revised Code. A child placed in a community corrections facility pursuant to this division shall
remain in the legal custody of the
department of youth services during the period in which the child is in the community corrections facility.
(3) Counties that are not associated with a community corrections facility may refer children to a community corrections facility with the consent of the facility. The department of youth services shall debit the county that makes the referral in accordance with sections 5139.41 to 5139.45 of the Revised Code.
(F) If the board or other governing body of a community
corrections facility establishes an advisory board, the board or other
governing authority of the community corrections facility shall reimburse the
members of the advisory board for their actual and necessary expenses incurred
in the performance of their official duties on the advisory board. The
members of advisory boards shall serve without compensation.
Sec. 5139.87. (A) The department of youth services shall serve as the state agent for the administration of all federal juvenile justice grants awarded to the state.
(B) There are hereby created in the state
treasury the federal juvenile justice programs funds. A separate
fund shall be established each federal fiscal year. All federal
grants and other moneys received for federal juvenile programs
shall be deposited into the funds. All receipts deposited into
the funds shall be used for federal juvenile programs. All
investment earnings on the cash balance in a federal juvenile
program fund shall be credited to that fund for the appropriate
federal fiscal year.
(C) All rules, orders, and determinations of the office of criminal justice services regarding the administration of federal juvenile justice grants that are in effect on the effective date of this amendment shall continue in effect as rules, orders, and determinations of the department of youth services.
Sec. 5153.16. (A) Except as provided in section 2151.422
of
the Revised
Code, in accordance with rules of the department of
job and family
services, and on
behalf of children in the county
whom the
public children services agency considers to be in need
of public care
or protective services, the public children
services agency shall do all of
the following:
(1) Make an investigation concerning any child alleged to be
an abused,
neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of job and family services, department of mental
health,
department of mental retardation and developmental
disabilities,
other department, any certified organization within
or outside
the county, or any agency or institution outside the
state,
having legal custody of any child, with respect to the
custody,
care, or placement of any child, or with respect to any
matter, in the interests of the child, provided the permanent
custody of a child shall not be transferred by a parent to the
public children services agency
without the consent of the
juvenile court;
(3) Accept custody of children committed to the public
children services
agency by a court
exercising juvenile
jurisdiction;
(4) Provide such care as the
public children services agency
considers to be in the best interests
of any child adjudicated to
be an abused, neglected, or dependent child
the agency
finds to be
in need of public care or service;
(5) Provide social services to any unmarried girl
adjudicated to be
an abused, neglected, or dependent child who is
pregnant with or has been
delivered of a child;
(6) Make available to the bureau for children with medical
handicaps of the department of health at its request any
information concerning a crippled child found to be in need of
treatment under sections 3701.021 to 3701.028 of the Revised Code
who is receiving services from the public
children services
agency;
(7) Provide temporary emergency care for any child
considered by the public children
services agency to be in need of
such care, without agreement or
commitment;
(8) Find certified foster homes, within or outside the
county, for the care of children, including handicapped children
from other counties attending special schools in the county;
(9) Subject to the approval of the board of county
commissioners and the state department of job and family services,
establish and operate a training school or enter into an
agreement
with any municipal corporation or other political
subdivision of
the county respecting the operation, acquisition,
or maintenance
of any children's home, training school, or other
institution for
the care of children maintained by such municipal
corporation or
political subdivision;
(10) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure certified foster
homes for
this purpose;
(11) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
district
children's home in cooperation with the other county
boards in the
district;
(12) Cooperate with, make its services available to, and
act
as the agent of persons, courts, the department of job and family
services, the department of health, and other organizations
within
and outside the state, in matters relating to the welfare
of
children, except that the public children services agency shall
not be required to provide supervision of or other services
related to the
exercise of parenting time rights granted pursuant
to section 3109.051 or 3109.12 of the Revised Code or
companionship or visitation rights
granted pursuant to section
3109.051, 3109.11, or 3109.12 of the
Revised Code unless a
juvenile court, pursuant to Chapter 2151. of
the Revised
Code, or
a common pleas court, pursuant to division
(E)(6)
of section
3113.31 of the Revised Code, requires the
provision of
supervision
or other
services related
to the exercise
of the parenting time
rights or companionship or visitation rights;
(13) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be
an abused,
neglected, or dependent child for release from school,
where such service
is not provided through a school attendance
department;
(14) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5101.141
of the Revised
Code;
(15) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code;
(16) Implement a system of risk assessment, in accordance
with
rules adopted by the director of
job and family
services, to
assist the public
children services agency in determining the risk
of abuse or neglect to a
child;
(17) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and
comply with
the partnership each fiscal agreement the board enters into under
section 307.98 of the
Revised Code and contracts the board enters
into under sections 307.981 and
307.982 of the Revised Code that
affect the public children services
agency;
(18) Make reasonable efforts to prevent the removal of an
alleged or
adjudicated abused, neglected, or dependent child from
the child's home,
eliminate the continued removal of the child
from the child's home, or make it
possible for the child to return
home safely, except that reasonable
efforts of that nature are not
required when a court has made a determination
under
division
(A)(2) of section 2151.419 of the Revised Code;
(19) Make reasonable efforts to place the child in a
timely
manner in accordance with the permanency plan approved
under
division (E) of section
2151.417 of the Revised Code and to
complete whatever
steps are necessary to finalize the permanent
placement of the
child;
(20) Administer a Title IV-A program identified under
division (A)(3)(c) or (d) of section 5101.80 of the Revised Code
that the department of job and family services provides for the
public children services agency to administer under the
department's supervision pursuant to section 5101.801 of the
Revised Code;
(21) Provide independent living services pursuant to sections
2151.81 to 2151.84 of the Revised Code.
(B) The public children services agency shall use the system
implemented pursuant to division (B)(16) of this section in
connection with an investigation undertaken pursuant to division
(F)(1) of section 2151.421 of the Revised Code and
may use the
system at any other time the agency is involved with any child
when the agency determines that risk assessment is necessary.
(C) Except as provided in section 2151.422 of the Revised
Code,
in accordance with rules of the director of
job and family
services, and on
behalf of children in the county whom the public
children services agency
considers to be in need of public care or
protective services, the public
children services agency may do
the following:
(1) Provide or find, with other
child serving systems,
specialized foster care for the care of children in a
specialized
foster home, as defined in section 5103.02 of the Revised
Code,
certified under section 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and
(c) of
this section, contract with the following for the purpose of
assisting
the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental
health
services;
(iii) County boards of mental retardation and
developmental
disabilities;
(iv) Regional councils of political subdivisions
established
under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract
under
division (C)(2)(a) of this section regarding the agency's duties
under
section 2151.421 of the Revised Code may not provide for the
entity under contract with the agency to perform any service not
authorized by the department's rules.
(c) Only a county children services board
appointed under
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this
section. If an
entity specified in division (B) or (C) of section
5153.02 of the Revised Code
is the public children services agency
for a county, the board of county
commissioners may enter into
contracts pursuant to section 307.982 of the
Revised Code
regarding the agency's duties.
Sec. 5153.163. (A) As used in this section, "adoptive
parent" means, as the
context requires, a prospective
adoptive
parent or an adoptive parent.
(B)(1) If Before a child's adoption is finalized, a public children services
agency considers
a
child with special needs residing in the county served by the
agency to be in need of public care or protective services and all
of the
following apply, the agency shall enter into an agreement
with the
child's adoptive parent before the child is adopted
under
which the agency shall make state adoption maintenance subsidy payments as needed on behalf of
the
child when all of the following apply:
(a) The child is a child with special needs.
(b) The child was placed in the adoptive home by a public children services agency or a private child placing agency and may legally be adopted.
(c) The adoptive parent has the capability of providing the
permanent family
relationships needed by the child in all areas
except financial need as
determined by the agency;.
(b)(d) The needs of the child are beyond the economic
resources
of the adoptive parent as determined by the
agency;.
(c) The agency
determines the acceptance (e) Acceptance of the child as a
member of the adoptive
parent's family would not be in the child's
best interest without payments on
the child's behalf under this
section.
(2) Payments to an adoptive parent under division (B) of
this section shall
include medical, surgical, psychiatric,
psychological, and
counseling expenses, and may include
maintenance costs if
necessary and other costs incidental to the
care of the child.
No payment of maintenance costs shall be made
under division
(B) of this section on behalf of
a child if either
of the following apply:
(a)(f) The gross income of the adoptive parent's family
exceeds
does not exceed one hundred twenty per cent of the median income of a family of
the
same size, including the child, as most recently determined
for this
state by the secretary of health and human services under
Title
XX of the "Social Security Act," 88 Stat. 2337, 42 U.S.C.A.
1397,
as amended;.
(b)(g) The child is not eligible for adoption
assistance payments
for maintenance costs under Title IV-E of the
"Social Security
Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended.
(2) State adoption maintenance subsidy payment agreements must be made by either the public children services agency that has permanent custody of the child or the public children services agency of the county in which the private child placing agency that has permanent custody of the child is located.
(3) State adoption maintenance subsidy payments shall be made in accordance with the agreement between the public children services agency and the adoptive parent and are subject to an annual redetermination of need.
(4) Payments under this division (B) of this section may begin either
before or
after issuance of the final adoption decree, except that
payments
made before issuance of the final adoption decree may be
made
only while the child is living in the adoptive parent's home.
Preadoption payments may be made for not more than twelve months,
unless the
final adoption decree is not issued within that time
because of a
delay in court proceedings. Payments that begin
before issuance
of the final adoption decree may continue after
its issuance.
(C)(1) If, after the child's adoption is finalized, a public children services agency considers a
child
residing in the county served by the agency
to be in need of
public care or protective services and both of the
following
apply, the agency may,
and to the extent state funds are
appropriated for this purpose shall, enter
into an agreement with
the child's adoptive parent
after the child is adopted
under which
the agency shall make post adoption special services subsidy payments on behalf of the child as
needed:
(1)(a) The child has a physical or developmental handicap or
mental or emotional
condition that either:
(a)(i) Existed before the adoption petition was filed;
(b)(ii) Developed after the adoption petition was filed
and can
be directly attributed to factors in the child's preadoption background,
medical history, or biological family's background or
medical
history.
(2)(b) The agency determines the expenses necessitated by the
child's handicap or condition are beyond the adoptive parent's
economic
resources.
Payments to an adoptive parent (2) Services for which a public children services agency may make post adoption special services subsidy payments on behalf of a child under this division shall
include
medical, surgical, psychiatric, psychological, and
counseling
expenses services, including
residential treatment.
(3) The department of job and family services shall establish clinical standards to evaluate a child's physical or developmental handicap or mental or emotional condition and assess the child's need for services.
(4) The total dollar value of post adoption special services subsidy payments made on a child's behalf shall not exceed ten thousand dollars in any fiscal year, unless the department determines that extraordinary circumstances exist that necessitate further funding of services for the child. Under such extraordinary circumstances, the value of the payments made on the child's behalf shall not exceed fifteen thousand dollars in any fiscal year.
(5) The adoptive parent or parents of a child who receives post adoption special services subsidy payments shall pay at least five per cent of the total cost of all services provided to the child.
(6) A public children services agency may use other sources of revenue to make post adoption special services subsidy payments, in addition to any state funds appropriated for that purpose.
(D) No payment shall be made under division (B) or (C) of
this section on
behalf of any person eighteen years of age or older or, if mentally or physically handicapped, twenty-one years of age or
older. Payments under those divisions shall be made in
accordance
with the terms of the agreement between the public children
services agency and the adoptive parent, subject to an
annual
redetermination of need. The
agency may use sources of funding in
addition to any state funds
appropriated for the purposes of those
divisions.
(E) The director of job and family
services shall adopt
rules in
accordance with Chapter 119. of the Revised Code
that are needed
to implement this section. The rules shall establish all
of the
following:
(1) The application process for payments all forms of assistance provided under this section;
(2) The method to determine the amounts and kinds amount of
assistance
payable under division (B) of this section;
(3) The definition of "child with special needs" for this
section;
(4) The process whereby a child's continuing need for services provided under division (B) of this section is annually redetermined;
(5) The method of determining the amount, duration, and scope of services provided to a child under division (C) of this section;
(6) Any other rule, requirement, or procedure the department considers appropriate for the implementation of this section.
The rules shall allow for payments for children placed by
nonpublic agencies.
(E)(F) The state adoption special services subsidy program ceases to exist on July 1, 2004, except that, subject to the findings of the annual redetermination process established under division (E) of this section and the child's individual need for services, a public children services agency may continue to provide state adoption special services subsidy payments on behalf of a child for whom payments were being made prior to July 1, 2004.
(G) No public children services agency shall, pursuant to
either section 2151.353 or 5103.15 of the Revised Code, place or
maintain a
child with special needs who is in the permanent
custody of
an institution or association certified
by the
department of job and family services under section 5103.03 of
the
Revised Code in a setting other than with a person seeking to
adopt the child,
unless the agency has determined and
redetermined
at intervals of not more than six months the impossibility of
adoption by a person listed pursuant to division (B), (C), or (D)
of section
5103.154 of the Revised Code, including the
impossibility of
entering into a payment agreement with such a
person. The agency so
maintaining such a child shall report its
reasons for doing so to the department of job and family services.
No agency that fails to so determine,
redetermine, and report
shall receive more than fifty per cent of
the state funds to which
it would otherwise be eligible for that
part of the fiscal year
following placement under section 5101.14
of the Revised Code.
The department may take any action permitted under section 5101.24 of the Revised Code for an agency's failure to determine, redetermine, and report on a child's status.
Sec. 5153.60. (A) The department of job and family services
shall
establish a statewide program that provides the all of the following:
(1) The training
section 5153.122 of the Revised Code requires public children
services agency caseworkers and supervisors to complete.
The
program may also provide the;
(2) The preplacement and continuing training
described in sections 5103.034, 5103.039, 5103.0310, and 5103.0311 of the
Revised Code that foster caregivers are required by sections
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.
The;
(3) The education programs for adoption assessors required by section 3107.014 of the Revised Code.
(B) The training described in division (A)(3) of this section shall be conducted in accordance with rules adopted under section 3107.015 of the Revised Code.
(C) The program established pursuant to division (A) of this section shall be
called the "Ohio child welfare training
program."
Sec. 5153.69. The training program steering committee shall
monitor and evaluate
the Ohio child welfare training program to
ensure
the following:
(A) That the
Ohio child welfare training program is
a
competency-based training system that satisfies the training
requirements for
public children services agency caseworkers and
supervisors under section 5153.122 of the Revised Code;
(B) That, if the Ohio child welfare training program
provides preplacement or continuing training for foster
caregivers, it as required by section 5153.60 of the Revised Code that meets the same requirements that preplacement
training programs and continuing training programs must meet
pursuant to section 5103.038 of the Revised Code to obtain
approval by the department of job and family services, except that
the Ohio child welfare training program is not required to obtain
department approval.
Sec. 5153.72. Prior to the beginning of the fiscal biennium that first
follows
the effective date of this section October 5,
2000, the public children services agencies of Athens, Cuyahoga,
Franklin, Greene, Guernsey, Hamilton,
Lucas, and Summit counties shall each establish and maintain
a regional training center. At any time after the beginning
of that biennium, the department of job and family services, on the
recommendation of the training program
steering committee, may direct a public children services agency
to establish and maintain a training center to replace the center established
by an agency under this section. There may be no more and no less than eight
centers in existence at any time. The department may make a grant to a public children services agency that establishes and maintains a regional training center under this section for the purpose of wholly or partially subsidizing the operation of the center.
Sec. 5153.78. (A) As used in this section:
(1)
"Title IV-B" means Title
IV-B of the
"Social
Security
Act
of 1967," 81 Stat.
821, 42 U.S.C. 620, as amended.
(2)
"Title IV-E" means Title
IV-E of the
"Social Security
Act," 94 Stat. 501, 42 U.S.C.
670(1980).
(3)
"Title XX" has the same meaning as in section 5101.46 of
the
Revised Code.
(B) For purposes of
adequately funding the
Ohio child
welfare training program,
the department of job and family
services
may use
any of the
following:
(1) The federal financial participation funds withheld
pursuant
to division (D) (E) of section 5101.141 of the Revised
Code
in an amount determined by the department;
(2) Funds available under Title
XX, Title IV-B, and Title
IV-E to pay for training costs;
(3)
Other available state or federal funds.
Sec. 5310.15. On filing an application for registration,
the applicant shall pay to the clerk of the probate court or the
clerk of the court of common pleas ten dollars, which is full
payment for all clerk's fees and charges in such proceeding on
behalf of the applicant. Any defendant, except a guardian ad
litem, on entering his an appearance by filing a pleading of any
kind, shall pay to the clerk five dollars, which is full payment
for all clerk's fees on behalf of such defendant. When any
number of defendants enter their appearance at the same time in
one pleading by filing a pleading of any kind, one fee shall be
paid.
Every required publication in a newspaper shall be paid for
by the party on whose application the order of publication is
made, in addition to the fees prescribed in the first paragraph
of this section. The party at whose request, or on whose behalf,
any notice is issued, shall pay for the service of such notice
except when such notice is sent by mail by the clerk or the
county recorder.
Examiners of titles shall receive for examining title or
original reference, and making report on all matters arising
under the application, including final certificate as to all
necessary parties being made and properly brought before the
probate court or the court of common pleas, and as to the
proceedings being regular and legal, one half of one per cent of
the appraised tax value, the fee in no case to be less than
seventy-five or more than two hundred fifty dollars, for each
separate and distinct parcel of land included in the application
although made up of more than one tract.
Upon a reference to an examiner of titles or to any other
person upon a hearing to take evidence and make report to the
court, the fee of the referee shall be fixed by the court at not
more than fifteen dollars per day for the time actually employed.
For a certificate of an examiner of titles that all
necessary parties are before the court, and the proceedings are
regular and legal in a suit for partition, foreclosure of
mortgage, marshalling of liens, or other suit or proceeding
affecting the title of any interest in, or lien or charge upon
registered lands, the fees shall be fixed by the court, and shall
not be more than twenty-five dollars for each separate and
distinct parcel of land included in the petition or application
although such parcel is made up of more than one tract.
Guardians for the suit in original registration shall
receive three dollars when there is no contest in which the
guardian participates. In other cases such guardians shall
receive such fees as the court fixes, but not more than
twenty-five dollars.
For certifying pending suits, judgments, liens,
attachments, executions, or levies, the officers certifying them
to the recorder shall receive a fee of twenty-five cents to be
paid by the party interested and taxed in the costs of the case.
For serving summons, notice, or other paper provided for in
sections 5309.02 to 5310.21 of the Revised Code, the sheriff or
other officer shall receive the same fees as in other similar
cases.
The recorder shall receive the following fees, to include base fees for services and housing trust fund fees pursuant to section 317.36 of the Revised Code:
(A) For original registration of title, issuing duplicate
certificate, entering memorials and memorandums, as directed by
the decree, and indexing it, a base fee of thirty dollars and a housing trust fund fee of thirty dollars;
(B) For examining and registering each transfer of
registered land, including the filing of all papers therewith,
entering memorials, issuing new duplicate certificate of title
and indexing it, a base fee of thirty dollars and a housing trust fund fee of thirty dollars for the first distinct body or
parcel of land contained in such certificate, and a base fee of two dollars and a housing trust fund fee of two dollars for
each additional distinct body or parcel of land contained in such
certificate;
(C) For filing, examining, and entering a memorial of each
mortgage or lease, upon registered land, and indexing it, for
each separately registered parcel, a base fee of ten dollars and a housing trust fund fee of ten dollars;
(D) For filing, examining, and entering a memorial of each
lien, charge, or demand upon registered land, and indexing it,
for each separately registered parcel of land, a base fee of five dollars and a housing trust fund fee of five dollars;
(E) For cancellation of any memorial or memorandum, a base fee of five
dollars and a housing trust fund fee of five dollars; for entry of change of address, or notice of dower, for
each separately registered parcel, a base fee of five dollars and a housing trust fund fee of five dollars;
(F) For each certified copy of a registered certificate,
or issuing a mortgagee's duplicate certificate, or issuing a new
owner's duplicate certificate to replace one which has been lost
or destroyed, a base fee of fifteen dollars and a housing trust fund fee of fifteen dollars;
(G) For filing, examining, and entering a memorial of each
release, assignment, or waiver of priority of a mortgage, lease,
lien, charge, or demand upon registered land and indexing it, for
each separately registered parcel, a base fee of five dollars and a housing trust fund fee of five dollars;
(H) For filing, examining, and entering a memorial of each
official certificate of pending suit, judgment, lien, attachment,
execution, or levy, upon registered land and indexing it, for
each separately registered parcel, a base fee of five dollars and a housing trust fund fee of five dollars;
(I) For continuing an owner's duplicate certificate, or
mortgagee's duplicate certificate and entering and certifying
memorials and notations thereon, a base fee of five dollars and a housing trust fund fee of five dollars;
(J) For certificate as to taxes and special assessments,
for each separately registered parcel, a base fee of ten dollars and a housing trust fund fee of ten dollars;
(K) For filing, recording, and indexing any papers or
instruments other than those provided in this section, any
certified copy of record, or of any instrument on file in his the
recorder's
office, the same fees allowed by law for like services;
(L) For issuing subpoenas and notices and swearing
witnesses, the same fees allowed the clerk for like services.
Costs as provided in this section may be taxed and by the
court ordered to be paid by the parties in such manner as is
just.
Sec. 5501.03. (A) The department of transportation shall:
(1) Exercise and perform such other duties, powers, and
functions as are conferred by law on the director, the
department, the assistant directors, the deputy directors, or on
the divisions of the department;
(2) Coordinate and develop, in cooperation with local,
regional, state, and federal planning agencies and authorities,
comprehensive and balanced state policy and planning to meet
present and future needs for adequate transportation facilities
in this state, including recommendations for adequate funding of
the implementation of such planning;
(3) Coordinate its activities with those of other
appropriate state departments, public agencies, and authorities,
and enter into any contracts with such departments, agencies, and
authorities as may be necessary to carry out its duties, powers,
and functions;
(4) Cooperate with and assist the public utilities
commission in the commission's administration of sections 4907.47
to 4907.476 of the Revised Code, particularly with respect to the
federal highway administration.
(5) Give particular consideration to the development of
policy and planning for public transportation facilities, and to
the coordination of associated activities relating thereto, as
prescribed under divisions (A)(2) and (3) of this section;
(6) Conduct, in cooperation with the Ohio legislative
service commission, any studies or comparisons of state traffic
laws and local traffic ordinances with model laws and ordinances
that may be required to meet program standards adopted by the
United States department of transportation pursuant to the
"Highway Safety Act of 1966," 80 Stat. 731, U.S.C.A. 401;
(7) Prepare, print, distribute, and advertise books, maps,
pamphlets, and other information that, in the judgment of the
director, will inform the public and other governmental
departments, agencies, and authorities as to the duties, powers,
and functions of the department;
(8) In its research and development program, consider technologies for
improving roadways, including construction
techniques and materials to prolong project life, being used or developed by
other states
that have geographic, geologic, or climatic features similar to this state's,
and collaborate with those states in that development.
Nothing contained in division (A)(1) of this section shall
be held to in any manner affect, limit, restrict, or otherwise
interfere with the exercise of powers relating to transportation
facilities by appropriate agencies of the federal government, or
by counties, municipal corporations, or other political
subdivisions or special districts in this state authorized by law
to exercise such powers.
(B) The department may use all appropriate sources of
revenue to assist in the development and implementation of rail
service as defined by division (C) of section 4981.01 5507.01 of the
Revised Code.
(C) The director of transportation may enter into contracts with public
agencies including political subdivisions, other state agencies, boards,
commissions, regional transit authorities, county transit boards, and port
authorities, to administer the design, qualification of bidders,
competitive
bid letting, construction inspection, and acceptance of any projects
administered by the department, provided the
administration of such projects is performed in accordance with all applicable
state and federal laws and regulations with oversight by the department.
Sec. 5502.13. The department of public safety shall maintain an
investigative unit in order to conduct
investigations and other
enforcement activity authorized by Chapters 4301., 4303.,
5101., 5107., and 5108., and 5115. and sections 2903.12, 2903.13,
2903.14, 2907.09, 2913.46, 2917.11, 2921.13, 2921.31, 2921.32, 2921.33,
2923.12, 2923.121, 2925.11, 2925.13, 2927.02, and 4507.30, and 5115.03
of the Revised Code. The director of public
safety shall appoint the employees of the unit
who are necessary, designate the activities to be performed by those
employees, and prescribe their titles and duties.
Sec. 4981.01 5507.01. As used in sections 4981.01 5507.01 to 4981.34 5507.34 of
the Revised Code:
(A) "Person" means, in addition to the meaning given that
term in division (C) of section 1.59 of the Revised Code, any
unit of local government, any local or regional transportation
authority, and any private corporation or organization.
(B) "Rail property" means any asset or right that is used
or is useful in providing rail service, including tracks, rolling
stock, rights-of-way, bridges, grade crossing equipment,
terminals, stations, parking facilities, and other rail
facilities.
(C) "Rail service" means freight, intercity passenger,
commuter, and high speed rail transportation service.
(D) "Regional rail reorganization act" means the "Regional
Rail Reorganization Act of 1973," 87 Stat. 986, 45 U.S.C.A. 701,
as amended.
(E) "Local or regional transportation authority" includes
a county transit board, a board of county commissioners operating a county
transit system, a regional transit authority, a regional
transit commission, or any other local or regional transportation
authority or agency.
(F) "Qualifying subdivision" means a county, township, or
municipal corporation in this state that is levying a tax for the
purpose of acquiring, rehabilitating, or developing rail service
or rail property pursuant to division (CC) of section 5705.19 of
the Revised Code.
(G) "Ancillary system facilities" means all facilities
desirable in connection with the operation and maintenance of a
rail system such as parking lots, retail establishments,
restaurants, hotels, offices, and other commercial or support
facilities, located within or outside the right-of-way of the
rail system.
(H) "Corridor" means a designated portion of a rail system
serving two or more designated urban areas.
(I) "Franchise" means a license approved by the Ohio rail
development commission director of transportation that grants exclusive rights to a private
corporation or organization to plan, construct, finance, lease,
improve, use, operate, maintain, and set and collect charges for
the use of a rail system or a portion of a rail system, such as a
corridor, for a period of years as permitted by section 4981.29
5507.29 of the Revised Code, as system owner or as lessee from or agent
of the commission department of transportation.
(J) "Franchise agreement" means the agreement executed
between the Ohio rail development commission director of transportation and a person to whom
a franchise is awarded.
(K) "3-C corridor" means the corridor connecting
Cincinnati, Columbus, and Cleveland.
Sec. 4981.03 5507.03. (A) The Ohio rail development commission director of transportation shall do all of the
following:
(1) Develop, promote, and support safe, adequate, and
efficient rail service throughout the state;
(2) Maintain adequate programs of investigation, research,
promotion, planning, and development for rail service, which programs shall
include the consideration of recommendations by public or private planning
organizations;
(3) Provide for the participation of private corporations or organizations
and the public in the
development, construction, operation, and maintenance of rail service, and as
franchisees thereof.
(B) In regard to rail service, the
Ohio rail development commission department of transportation is the successor of the Ohio high speed rail
authority and the division
of rail transportation of the department of
transportation development commission. The commission department shall succeed to all federal
allotments, entitlements, subsidies, and grants now existing,
whether such allotments, entitlements, subsidies, and grants are
encumbered or unencumbered, in the same manner and with the same
authority as the Ohio high speed rail authority and the division of rail
transportation development commission exercised prior to the effective date of this amendment
the effective date of this amendment.
For the purpose of succession to all duties, powers, and functions transferred, and of the conduct and completion of related matters, the director of transportation or the department of transportation shall be held to constitute the continuation of the Ohio rail development commission. All rules, acts, determinations, and decisions pertaining to the duties, powers, and functions of the commission, in effect at the time of the transfer, shall continue in effect until further action by the director of the department.
Wherever the commission is referred to in any provision of law, or in any contract or document that pertains to the duties, powers, and functions of the commission, the reference or designation shall be held to refer to the director or the department. Wherever the commission is named in a deed or other evidence of an interest in real property, the designation shall be held to refer to the director or the department.
No pending action or proceeding to which the commission is a party and that pertains to the duties, powers, and functions of the commission shall be affected by any provision effecting the transfer of the duties, powers, and functions, but any such pending action or proceeding may be prosecuted or defended in the name of the director or department. In any pending action or proceeding to which the commission is a party and that pertains to its duties, powers, and functions, the director or department, upon application to the court, shall be substituted as a party.
(C) Every authority, commission, department, or other
agency of this state shall provide the commission department with data,
plans, research, and any other information that the commission department requests to
assist it in performing its duties pursuant to this
chapter.
(D) The commission department may request and contract with any railroad to provide it
with data and information necessary to carry out the purposes of
this chapter. All railroads operating within this state shall
provide the requested data and information to the commission department. The commission
department shall not disclose any confidential data or information
supplied to it.
(E) The commission department shall cooperate with the director of
development by exercising the commission's department's duty to promote and
develop rail service in this
state in conjunction with the director's director of development's exercise of his the duty to
promote the economic development of this state.
(F) The commission department, when developing rail service throughout the state, may
give priority to projects
undertaken within the geographic boundaries of qualifying
subdivisions.
(G) Notwithstanding any other provision of law, the commission is subject to
section 123.151 of the Revised Code when
entering into contracts for the performance of labor, the
furnishing of materials, goods, or services, or the construction
of any structures or buildings necessary for the maintenance,
control, or management of any rail service
project, as defined in section 4981.11 of the Revised Code.
Sec. 4981.031 5507.031. (A) The Ohio rail development commission or the department of
transportation, on behalf of the commission,
may apply for and
receive from the United States government loans and grants in
accordance with any federal law or program concerning rail transportation.
(B) It is hereby found and determined that rail transportation is an
essential and indispensable
part of the commerce and industry of the state and is of vital
importance to the creation and preservation of jobs and
employment opportunities and to the improvement of the economic
welfare of the people of the state, and that rail transportation creates,
promotes, and is a part of
the continuous exchange of goods and services in the state
economy. It is further found and determined that the authority
granted by Chapter 4981. 5507. of the Revised Code is
consistent with and will effect the purposes of Section 13 of
Article VIII, Ohio Constitution, that rail
transportation is part of and is directly related to industry,
commerce, distribution, and research under Section 13 of Article
VIII, Ohio Constitution, and that it is in the public interest
and a proper public purpose under Section 13 of Article VIII,
Ohio Constitution, for the state to acquire, construct, enlarge,
improve, or equip, and to sell, lease, or exchange, or otherwise
dispose of property, structures, equipment, and facilities for
rail transportation, all as provided in
Chapter 4981. 5507. of the Revised Code, and that such
activities will contribute to the creation or preservation of
jobs or employment opportunities or the improvement of the
economic welfare of the people of the state. Chapter 4981. 5507. of the Revised
Code, being necessary for the welfare of
the state and its people, shall be liberally construed to effect
its purposes.
Sec. 4981.032 5507.032. The Ohio rail development commission department of transportation may issue grants and
loans to any transportation authority or to any person for the purpose of
continuing or instituting rail transportation in the state. The grants and
loans may be used for rehabilitation, construction, planning, relocation, or
acquisition of rail transportation or rail property, or for substitute
service. The grants and loans may be provided by the commission department with funds
from the United States government, the state, any transportation authority, or
any person, or from any combination of those sources. The commission department shall
establish eligibility and distribution criteria for the grants and loans.
Sec. 4981.033 5507.033. (A) Notwithstanding section 4961.37 of the
Revised Code, a railroad company, public agency, or other person
operating passenger rail service on a right-of-way owned by
another shall indemnify and hold harmless the owner, user, or
other rights holder for liability for any damages arising out of
passenger operations conducted by or on behalf of the railroad
company, public agency, or other person operating passenger rail
service and for all claims for damages for harm arising from any
accident or incident occurring in connection with the operations
conducted by or on behalf of the railroad company, public agency,
or other person operating passenger rail service.
(B) Each railroad company, public agency, or other person
operating passenger rail service on a right-of-way owned by
another shall maintain an aggregate limit of liability coverage
of no less than two hundred million dollars.
(C) The liability for damages for harm, including any
punitive damages, of a railroad company or other entity over
whose tracks passenger rail service operations are conducted by
another shall not be in an amount greater than the limits of the
liability coverage maintained by the railroad company, public
agency, or other person operating passenger rail service.
(D) Division (A) of this section shall not apply if the
railroad company or other entity over whose tracks the passenger
rail service operations are conducted, committed an act or
omission with reckless, wanton, willful, or gross negligence and
the act or omission proximately caused the harm in question.
(E) The operator of an excursion rail service and the owner of any railroad
property over which the excursion rail service will be provided may negotiate
to determine the amount of liability coverage necessary to satisfy the owner's
private insurance requirements. If the operator and owner reach agreement on
the amount of private insurance coverage so required, division (B) of
this section shall not apply to the operation of the excursion rail service
over that railroad property.
This division does not require any owner of railroad property to enter into
such negotiations, to agree to an amount of liability coverage that the owner
determines to be insufficient indemnification, nor to permit any excursion
rail service operator to have access to the railroad property.
(F) This section shall not be construed to require the state or any political subdivision of the state to indemnify any owner, user, or other person or entity for damages of any kind in violation of the Constitution of this state or a municipal or county charter. This section shall not be construed to require the state to carry liability insurance for any purpose.
(G) As used in this section:
(1) "Harm" means injury, death, or loss to person or
property.
(2) "Passenger rail service" includes intercity passenger,
commuter, or high speed rail transportation service.
(3) "Excursion rail service" means any rail passenger service that
is undertaken primarily for education, entertainment, recreation, or scenic
observation and that does not involve any of the following:
(a) The carrying of freight other than the personal luggage of the
passengers or crew, or supplies and equipment necessary to serve the needs of
the passengers or crew;
(b) The carrying of passengers who are commuting to work;
(c) The carrying of passengers who are traveling to a final
destination solely for business or commercial purposes.
Sec. 4981.04 5507.04. (A) The Ohio rail development commission department of transportation shall prepare a plan
for the construction and operation of an
intercity conventional or high speed passenger transportation system in this
state. The system shall be constructed and operated by the
commission department. The plan for construction and operation shall be
based on existing studies, and shall state that the system's
initial route will connect Cleveland, Columbus, and Cincinnati
and any points in between those cities determined by the
authority department. The plan shall include the following information:
(1) The route alignment of the proposed system;
(2) The proposed technology;
(3) The size, nature, and scope of the proposed system;
(4) The sources of the public and private revenue needed
to finance the system;
(5) The projected ability of all revenue sources to meet
both capital and operating funding requirements of the proposed
system;
(6) The construction, operation, and management plan for
the system, including a timetable for construction and the
proposed location and number of transit stations considered
necessary;
(7) The likelihood that Ohio-based corporations will be
used to manufacture or supply components of the proposed system;
(8) The likelihood that additional or subsidiary
development will be generated;
(9) The extent to which the proposed system will create an
additional or reduced demand for sources of energy;
(10) Any changes in the law necessary to implement the
proposed system;
(11) The proposed system's impact on the economy of the
state and on the economic and other public policies of the state.
(B) The commission department may revise any plan of the Ohio high speed rail authority or the Ohio rail development commission or
may submit a
separate plan for construction and operation and a funding request to the
governor, the speaker of the house of representatives, and to the
president of the senate. Any plan for an intercity conventional or high speed
passenger transportation system submitted by the commission department pursuant to this
section shall not propose the operation of such
a system by the state other than through the commission department.
Sec. 4981.05 5507.05. (A) Any local or regional transportation
authority may apply for a rail service continuation subsidy,
acquisition or modernization loan, or any other assistance
provided by the Regional Rail Reorganization Act for the purpose
of providing any rail service that is consistent with rail service provided
under this chapter. Any local or regional transportation authority may
exercise, or may be created to exercise, such authority,
administrative jurisdiction, and fiscal control as is necessary
to obtain such assistance and provide such rail service.
(B) For the purposes of this section, "transit system" as
used in section 306.04 of the Revised Code, and "transit
facility" as used in sections 306.30 and 306.81 of the Revised
Code, include rail service.
Sec. 4981.06 5507.06. (A) The Ohio rail development commission department of transportation may
purchase or lease any portion of the rail property of a railroad
corporation, and may purchase or lease any other property,
facilities, or equipment considered necessary by the commission department for the
operation of rail services, and the maintenance of track
and other rail property. For the purpose of acquiring such
property the commission department may obtain acquisition loans from the
federal government.
(B) Where it is necessary for the purpose of implementing
rail service under this chapter, the commission, with the approval of the
director of transportation, department may appropriate real property. All
such appropriations shall be made pursuant to sections 163.01 to
163.22 of the Revised Code.
Sec. 4981.07 5507.07. (A) The Ohio rail development commission department of transportation may
restore, repair, relocate, or upgrade any rail property
purchased, leased, or maintained by the commission department. The
commission
department may restore, repair, relocate, or upgrade any rail property
owned
by another person as long as such action is necessary for the
efficient operation of rail services
provided
by the commission department. The commission department may obtain modernization
loans
from the federal government to restore or repair rail property
acquired by the commission department for the purpose of implementing
rail service.
(B) The commission department may operate any rail property acquired
by it over track owned or leased by the commission department, or over
track
owned by another person pursuant to an agreement with that
person
as long as such action is necessary for the efficient operation
of rail service provided by the commission
department pursuant to this chapter.
(C) The commission department may enter into agreements with the
department of transportation, boards of county commissioners,
boards of township trustees, legislative authorities of
municipal
corporations, with other governmental agencies or organizations,
and with private corporations or organizations in order to
facilitate implementation of rail service.
Sec. 4981.08 5507.08. (A) The Ohio rail development commission department of transportation may
sell, transfer, or lease any of the rail property that it
possesses to any person for the continuation and operation of
any
rail service that is provided for pursuant
to
this chapter.
(B) The commission department may assist any person to obtain an any order
or certificate required by the interstate commerce commission
surface transportation board for
the performance of rail services in this state.
(C) The commission department may cooperate with other states in
carrying out the provisions of this chapter and may enter into
any agreements with other states for the operation of rail
services, including the joint purchasing or leasing of rail
property.
Sec. 4981.09 5507.09. There is hereby created in the state treasury the rail
development fund. The fund shall consist of such moneys as may be provided by
law, including moneys received from the sale, transfer, or lease
of any rail property pursuant to
section 4981.08 5507.08 of the Revised Code. Moneys in
the fund shall be used for the purpose of acquiring,
rehabilitating, or
developing rail property or service, or for participation in the acquisition
of rail property with the federal government, municipal corporations,
townships, counties, or other governmental agencies. For the purpose of
acquiring such rail property, the Ohio rail development commission department of transportation may
obtain
acquisition loans from the federal government or from any other source.
The fund shall also be used to promote, plan, design, construct, operate,
and maintain passenger and freight rail transportation systems, and may be
used to
pay the administrative costs of the Ohio rail development commission
department associated with conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 and 5507.03 of the Revised Code. The fund
shall not be used to provide loan guarantees.
Sec. 4981.091 5507.091. There is hereby created in the state treasury the federal
rail fund. The fund shall consist of
money received
pursuant to section 4981.08 5507.08 of the Revised Code and such other money as may be provided by
law. The fund shall be used to acquire,
rehabilitate, or develop rail property or service; to participate in the
acquisition of rail property with the federal government, municipal
corporations, townships, counties, or other governmental agencies; and to
promote, plan, design, construct, operate, and maintain passenger and freight
rail transportation systems. The fund also may be used to pay the
administrative costs of the Ohio rail development commission
department of transportation associated with conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 and 5507.03 of the Revised Code. The fund shall not be used
to provide loan guarantees. Investment earnings on moneys credited to the
fund shall be retained by the fund.
In acquiring rail property, the Ohio rail development commission
department may
obtain acquisition loans from the federal government or from any other source.
Sec. 4981.10 5507.10. As long as such action does not violate covenants made on
behalf of or for the benefit of the holders of bonds, notes, or other
obligations of the Ohio rail development commission department of transportation, the Ohio rail development
commission department may purchase any portion of the rail property of a railroad
corporation and may purchase any other property, facilities, or equipment
considered necessary by the commission department for the operation of rail services,
subject to the following conditions:
(A) Upon if, upon inspection of the rail property, the commission department determines that the
rail property is suitable for the efficient operation of rail services;
(B) The controlling board approves the purchase of the rail property by an
affirmative vote of no fewer than five members.
Sec. 4981.11 5507.11. As used in sections 5507.11 to 5507.26 of the Revised Code:
(A) "Commission" "Department" means the Ohio rail development commission
created in section 4981.02 of the Revised Code,
the duties, powers, responsibilities, and functions of which are
specified in this chapter department of transportation.
(B) "Bond" means revenue bonds, notes, or other
obligations including current or advance refunding bonds issued
by the commission department to effect the intents and
purposes of this chapter and any bond issued by a qualifying
subdivision or local or regional transportation authority
pursuant to Chapter 133. of the Revised Code or otherwise as
provided by the constitution and laws of this state.
(C) "Bond proceedings" means any bond proceedings, as
defined in division (E) of section 9.98 of the Revised Code, with
respect to bonds, including, without limitation, the bond
legislation with respect thereto.
(D) "Cost," as applied to rail service projects, means the
cost of acquisition, repair, renovation, and construction
thereof; the cost of acquisition of all land, rights-of-way,
property rights, easements, franchise rights, credit
enhancements, or credit facility and interests required by any
person, qualifying subdivision, a local or regional
transportation authority, or the commission department for such acquisition,
renovation, repair, or construction, the cost of demolishing or
removing any buildings or structures on land so acquired,
including the cost of acquiring any lands to which buildings or
structures may be moved; the cost of diverting highways,
interchange of highways, access roads to private property,
railroad rights-of-way including the cost of land or easement
therefor; the cost of all machinery, furnishing, and equipment;
all finance charges, and interest prior to and during the
construction and for no more than eighteen months after
completion of construction or acquisition; the cost of all legal
services and expenses; the cost of all plans, specifications,
surveys, and estimates of cost; all working capital and other
expenses necessary or incident to determining the feasibility or
practicability of acquiring, renovating, repairing, or
constructing any such project; the financing of such acquisition,
renovation, repair, refunding, or construction, including the
amount authorized in the resolution of the commission providing
for the issuance of bonds to be paid into any special funds from
the proceeds of such bonds; and the financing of the placing of
any such rail service project in operation, if
necessary. Any
Any obligations or expenses incurred after December 19, 1986, by
any person,
qualifying subdivision, or local or regional transportation authority, with
the approval of the commission department, for surveys, borings, preparation of plans
and specifications, and other engineering services in connection with the
acquisition, renovation, repair, or construction of a project shall be
regarded as a part of the cost of such project and shall be reimbursed out
of the proceeds of grants, loans, or bonds as authorized by this chapter.
(E) "Credit facility" means any credit facility, as
defined in division (G) of section 9.98 of the Revised Code, with
respect to bonds.
(F) "Floating rate interest structure" means any floating
rate interest structure, as defined in division (I) of section
9.98 of the Revised Code, with respect to bonds.
(G) "Indexing agent" means any indexing agent, as defined
in division (J) of section 9.98 of the Revised Code, with respect
to bonds.
(H) "Rail service project" or
"project" means any project of an essential public nature which
is considered a part of the rail service system,
including, without limitation, permitted loan purposes which are
specifically declared to be for an essential public purpose.
(I) "Interest rate period" means any interest rate period,
as defined in division (K) of section 9.98 of the Revised Code,
with respect to bonds.
(J) "Issuer" means the commission department.
(K) "Participation agreement" means any participation
agreement, loan agreement, lease agreement, bond purchase
agreement, or other agreement between or among any person,
qualifying subdivision, or local or regional transportation
authority and the commission department pursuant to
which the commission department agrees to lend moneys to the person, qualified
subdivision, or local or regional transportation authority, and
the person, qualifying subdivision, or local or regional transportation
authority agrees to repay the moneys so lent, in accordance with
this chapter and the applicable bond proceedings and on the terms
and subject to the conditions set forth in such agreement.
(L) "Permitted loan purpose" means any of the following:
(1) The payment of the costs of the acquisition or
construction of any property, asset, or improvement with an
estimated life or usefulness of one year or more, including land
and interests therein, and including reconstructions,
enlargements, and extensions of any such property, asset, or
improvement having an estimated life or usefulness of one year or
more, of the commission department provided that such
estimated life or usefulness shall be certified by the fiscal
officer of the person, qualifying subdivision, or local or regional
transportation authority to which the loan is to be made to that person,
qualifying subdivision, or local or regional transportation
authority;
(2) The payment of any final judgment, regardless of
whether such judgment arose out of a contractual or
noncontractual cause of action;
(3) The reimbursement to any person, qualifying
subdivision, or local or regional transportation authority of
moneys expended by it for a permitted loan purpose described in
divisions (L)(1) and (2) of this section, including, without
limitation, rental payments made by any person, qualifying
subdivision, or local or regional transportation authority under
a lease with an option to purchase if the proceeds of the loan
are to be applied to the payment of the purchase price upon the
exercise of the option to purchase;
(4) The refunding, including funding and retirement, or
advance refunding of the outstanding principal amount of any debt
obligation issued or incurred by the commission department or by any person,
qualifying subdivision, or local or regional transportation
authority, including, without limitation, any loan previously
made from the commission department for a permitted loan purpose of the sort
described in divisions (L)(1) and (2) of this section;
(5) The costs and expenses incurred by the commission department or by
any person, qualifying subdivision, or local or regional
transportation authority in obtaining a loan from the commission department,
including, without limitation, the fees and expenses of
attorneys, accountants, engineers, and consultants and
the costs and expenses of preparing, printing, and delivering any
documents or instruments required to be delivered by any person,
qualifying subdivision, or local or regional transportation
authority under its participation agreement with the commission department.
(M) "Person" means any natural person, partnership, joint
venture, corporation, foreign or domestic, state or subdivision
thereof, or sovereign government, or province thereof including
the United States or any agency or instrumentality thereof.
(N) "Put arrangement" means any put arrangement, as
defined in division (N) of section 9.98 of the Revised Code, with
respect to bonds.
(O) "Remarketing agent" means a remarketing agent as
defined in division (O) of section 9.98 of the Revised Code, with
respect to bonds.
(P) "Revenue" means any money or thing of value collected
by, or paid to, the commission department in connection
with any rail project or as principal of or interest,
charges, or other fees on loans, including any moneys derived
from taxation or any other collections on loans made by the commission department to any
person, qualifying subdivisions,
or local or regional transportation authorities to finance in
whole or in part the acquisition, renovation, repair, refunding,
or construction of any rail service project or projects, or other
money or property which is received by the commission department and may be
expended for or pledged as revenues pursuant to this chapter.
(Q) "Special fund" means any fund required to be
established by the commission department pursuant to the
bond proceedings with respect to any bonds and into which the bond proceedings
require that pledged receipts be deposited and
from which the bond proceedings permit the disbursement of the pledged
receipts at the times, in the amounts, and for the
purposes set forth therein.
(R) "Special revenue loan" means a loan to a qualifying
subdivision or local or regional transportation authority by the
commission department that is payable solely from
and secured solely by one or more sources of county or municipal
tax or other revenue other than ad valorem property taxes.
Sec. 4981.12 5507.12. (A) The general assembly hereby finds and
declares that increasing requirements for rail service
for the people of the state and escalating costs of providing
such rail service have created inordinate demands upon the
financial resources of the state, qualifying subdivisions, private
corporations and organizations, and
local and regional transportation authorities necessitating
legislation to enable the people of the state to attain a more
competitive position in capital markets to provide rail
service.
(B) The general assembly hereby finds and declares further
that it is in the public interest and is the responsibility of
the state to foster and promote by all lawful means the provision
of adequate capital markets and facilities for borrowing money
for the financing of rail service and the
fulfillment of public purposes, and to make it possible for the
commission department of transportation, qualifying subdivisions, private corporations or organizations,
and
local or regional transportation authorities to obtain new or
additional sources of capital funds at acceptable interest costs,
including activities to encourage investor interest in the
purchase of bonds, notes or other obligations of the commission department, or issued by
the commission department to fund loans it may make to private corporations or
organizations under sections 4981.01 5507.01 to 4981.26 5507.26 of the Revised Code, as sound
and preferred securities for
investments.
(C) The general assembly hereby finds and declares further
that it is in the public interest and is the responsibility of
the state to encourage qualifying subdivisions, local or regional
transportation authorities, and other persons to continue their
independent undertakings of rail service and fulfillment of
public purposes and the financing thereof and to improve or
enhance the possibilities of qualifying subdivisions, local or
regional transportation authorities, and other persons obtaining
funds, to the extent possible, at reduced interest costs, for
the orderly financing of rail service projects and
fulfillment of public purposes.
(D) The general assembly hereby finds and declares further
that it is in the public interest, in order to implement and aid
in the discharge of these responsibilities, that a state
instrumentality, having been created as a public body corporate
with full powers to borrow money and issue its bonds, notes, and
other obligations to the end that funds obtained thereby may be
used or made available to franchisees to provide capital facilities for rail
service by
the commission department or for the purposes of making
loans to qualifying subdivisions, local or regional
transportation authorities, private corporations or organizations, and other
persons for rail service
projects, that such state instrumentality be granted all powers
necessary or appropriate to accomplish and carry out these
essential public purposes and responsibilities of the state in a
manner to make it possible to sell bonds and borrow funds at as
low an interest rate as the instrumentality finds and determines
to be feasible.
(E) The general assembly further finds and declares that
in accomplishing these purposes, the commission, created and established by
this chapter, department will be
acting in all respects for the benefit of the people of the state
to serve the public purposes of improving and otherwise promoting
their health, education, welfare, safety, and prosperity, and
that the commission department may act on behalf of the
state and its people in serving the essential public purposes
described in this section for the benefit of the general public
of the state.
Sec. 4981.13 5507.13. To accomplish the public policies and
purposes
and to meet the responsibility of the state as set forth
in this
chapter, the Ohio rail development commission department of transportation may directly
undertake and implement and make loans to qualifying
subdivisions,
local or regional transportation authorities, and
other persons
for the acquisition, renovation, repair, refunding,
or
construction of rail service projects by such
qualifying
subdivisions and local or regional transportation
authorities, and
may issue bonds, payable solely from revenues,
to pay the cost of,
or finance, in whole or in part, rail service projects of
the
commission department or
loans to any person, qualifying subdivision, or
local or regional
transportation authority. A project shall not
be undertaken
unless it has been determined by the commission department,
based upon information
provided to it by the qualifying
subdivision, local or regional transportation authority, or other
person or agency charged or empowered by law with the
responsibility of reporting, to be consistent with any applicable
requirements of law. Any resolution of the commission providing
for making a loan for any permitted loan purpose or execution of
any participation agreement pursuant to this chapter shall
include
a finding by the commission that such determinations have
been
made. A participation agreement may be entered into between
the
commission department and each qualifying subdivision, local or regional
transportation authority, or other person to which a loan is made
or from which bonds are purchased for the acquisition,
renovation,
repair, or construction of a rail service
project, which
participation agreement shall include, without
limitation, all of
the following provisions:
(A) The cost of such project, the amount of the loan or
bond
purchase, the terms of repayment of such loan or bond
purchase and
the security therefor;
(B) The specific purposes for which the proceeds of the
loan
or bond purchase shall be expended, the procedures as to the
disbursements of loan or bond purchase proceeds, and the duties
and obligations imposed upon the qualifying subdivision, local or
regional transportation authority, or other person in regard to
the construction, renovation, repair, refunding, or acquisition
of
the project;
(C) The agreement of the qualifying subdivision, local
or
regional transportation authority, or other person to raise
the
funds
of
provide sufficient credit or guarantee for
repayment,
through levy, pursuant to an election, contract,
lease, fee
charges, or otherwise;
(D) The agreement of the qualifying subdivision, local
or
regional authority, or other person to provide the opinion of
its
counsel that the obligations of the qualifying subdivision,
local
or regional transportation authority, or other person
comply with
all applicable laws, rules, and regulations issued by
the
commission department or other state, federal, or local bodies in regard
to
the construction, repair, renovation, funding, refunding, or
acquisition of the project.
Sec. 4981.131 5507.131. (A) The power and authority provided by
this chapter to qualifying subdivisions and local or regional
transportation authorities to borrow for permitted loan purposes
is in addition and supplemental to, not in derogation of, any
other power or authority provided by law for the same or similar
purposes, and this chapter provides to qualifying subdivisions or
local or regional transportation authorities alternative, not
exclusive, means of accomplishing those purposes.
(B) Chapter 133. of the Revised Code shall not apply to
issuance of bonds by the Ohio rail development commission department of transportation under this chapter or to the
authorizing,
obtaining, or incurring of any general obligation loan or special
revenue loan or to its entering into any participation agreement
or delivering any such other instrument to the commission department in
connection therewith, by any qualifying subdivision or local or
regional transportation authority, except to the extent, if any,
that provisions of Chapter 133. of the Revised Code are expressly
made applicable thereto by this chapter or by the bond
proceedings applicable to the bonds from the proceeds of which
such loan was made.
(C) For purposes of division (A) of section 5705.41 of the
Revised Code, the authorization by a qualifying subdivision or
local or regional transportation authority of a loan from the
commission department pursuant to section 4981.12 5507.12 of the Revised Code shall
be deemed to be the authorization of a bond issue, and the
purpose for which such loan was obtained shall be deemed to be
the purpose for which such bonds were issued. For purposes of
division (D) of section 5705.41 of the Revised Code, the proceeds
to be derived from a loan authorized by a qualifying subdivision
or local or regional transportation authority to be obtained
pursuant to section 4981.12 5507.12 of the Revised Code shall be deemed
to be proceeds to be derived from authorized bonds.
(D) Sections 4981.01 5507.01 to 4981.26 5507.26 of the Revised Code shall
be liberally construed to effect the purposes described in
section 1.11 of the Revised Code.
Sec. 4981.14 5507.14. (A) The Ohio rail development commission department of transportation may
exercise all powers necessary or appropriate to carry out its
corporate the purposes of this chapter.
(B) The commission department may do all of the following in connection with activities authorized by this chapter:
(1) Adopt, and from time to time, ratify, amend, and
repeal bylaws necessary and proper for the regulation of its
affairs and the conduct of its business and rules to implement
and make effective its powers and duties;
(2) Adopt an official seal;
(3) Maintain a principal office in Columbus and, if
necessary, regional sub-offices at locations properly designated
or provided;
(4) Sue and be sued in its own name and plead and be
impleaded in its own name, particularly to enforce the
obligations and covenants made under sections 4981.13, 4981.14,
and 4981.29 of the Revised Code. Any actions
against the commission shall be
brought in the court of common pleas in Franklin county, in which
the principal office of the commission shall be located.
(5) Undertake or cause to be undertaken the acquisition, renovation, repair,
refunding, operation, maintenance, or construction of any rail service
project;
(6)(2) Establish and operate a revolving loan fund for the
purpose of making loans to qualifying subdivisions, local or
regional transportation authorities, or other persons for the
acquisition, renovation, repair, refunding, or construction of
rail service projects by such qualifying subdivisions,
local or regional transportation authorities, and private corporations or
organizations, and the repayment thereof from project financing proceeds and
revenues; purchase the obligations of counties and municipal corporations
issued for the
acquisition, renovation, repair, or construction of rail service projects by
such qualifying subdivisions and local
or regional transportation authorities; and adopt rules and
procedures for making those loans or purchasing those obligations;
(7)(3) Issue bonds and notes and refunding obligations of the
state, payable as provided in this chapter unless the bonds are
refunded by refunding bonds, for the purpose of borrowing money
to implement any power granted by divisions (B)(5) and (6) of
this section for one or more rail service projects or
parts thereof;
(8) Acquire by gift or purchase, hold, or dispose of real
and personal property in the exercise of its powers and
performance of its duties as set forth in this chapter;
(9) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers and to
employ natural persons to act on behalf of the commission, and to
establish the terms and conditions of such employment;
(10) Receive and accept from any federal agency or other
person, subject to the approval of the governor, grants for or in
aid of the construction, repair, renovation, operation, maintenance, or
acquisition of rail service projects, and receive and accept aid or
contributions from any source of money, property, labor, or other
things of value, to be held, used, and applied only for the
purposes for which the grants and contributions are made;
(11) Purchase property coverage and liability insurance
for any rail service project and for any offices of the
commission, insurance protecting the commission and its officers
and employees against liability, if any, or damage to property or
injury to or death of persons arising from its operations, and any
other insurance the commission may agree to provide under any
resolution authorizing the issuance of bonds in accordance with
sections 4981.11 to 4981.26 of the Revised Code, or in any trust
agreement securing the same;
(12) Establish or increase reserves from moneys received
or to be received by the commission to secure or pay the principal
of and interest on bonds, notes, or other obligations issued by
the commission pursuant to this chapter or other law. Moneys,
funds, and accounts of the commission, however, are subject
only to audit by the auditor of state and all moneys, funds, and
accounts shall be held in custody or deposited as directed by
resolution of the commission and unless otherwise provided by law
all moneys of the commission not pledged to the holders of bonds
of the commission shall be appropriated by the general assembly.
(13) Receive and disburse the proceeds of general
obligation or other bonds of the state or agencies thereof as may
be allowed by law pursuant to any resolution or act of the
general assembly;
(14)(4) To the extent permitted under its contracts with the
holders of bonds or notes of the commission department, consent to
modification of the rate of interest, time and payment of
installment of principal or interest, security, or any other term
of a bond, contract, or agreement of any kind to which the
commission department is a party;
(15)(5) Make grants to counties or municipal corporations,
qualifying subdivisions, local or regional transportation
authorities, or other persons for one or more rail
service projects of parts thereof;
(16)(6) Provide consultation services to any qualifying
subdivision, local or regional transportation authority, or other
person in connection with the acquisition, renovation, repair, or
construction of any rail service project;
(17)(7) Establish and amend the criteria and qualifications
for the making of any loan to or the purchasing of any bond from
any qualifying subdivision, local or regional transportation
authority, or other person and the terms not inconsistent with
this chapter of any loan or bond purchase agreement with any
qualifying subdivision, local or regional transportation
authority, or other person;
(18)(8) Do all acts necessary and proper to carry out the
powers expressly granted to the commission department in this chapter.
(C) Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 4981.15 5507.15. (A) The Ohio rail development commission department of transportation, from time to time,
may issue bonds in such principal amounts as the
commission department finds necessary to finance one or more rail
service projects. Sections 9.98 to 9.983 of the Revised Code are
hereby made applicable in their entirety to any bonds authorized
to be issued under this chapter except as otherwise provided
herein.
(B) The commission department, from time to time, may issue renewal
bonds, issue bonds to pay such obligations and, whenever it
considers refunding expedient, refund any bonds by the issuance
of bonds by the authority granted by this chapter. Except as
may otherwise be expressly provided in this chapter or by the
commission department, every issue of its bonds or notes is an obligation of
the commission department payable out of the revenues and reserves created
for such purposes by the commission department, which are expressly pledged
for such payment, without preference or priority of the first
bonds issued, subject only to any agreements with the holders of
particular bonds or notes pledging any particular revenues. Such
pledge shall be valid and binding from the time the pledge is
made and the revenues so pledged and thereafter received by the
commission department immediately shall be subject to the lien of such pledge
without any physical delivery thereof or further act and the lien
of any such pledge shall be valid and binding as against all
parties having claims of any kind, in tort, contract, or
otherwise, against the commission department irrespective of whether such
parties have notice thereof.
(C) All such bonds shall have and are hereby declared to
have all the qualities of negotiable instruments. The bonds
shall be authorized by resolution of the commission, shall bear
such date and shall mature at such time, in case of any such note
or any renewal thereof not exceeding five years from the date of
issue of such original note, and in the case of any such bond not
exceeding fifty years from the date of issue, as such resolution
may provide. The bonds and notes shall bear interest at such
rate or rates, including variable rates, be in such
denominations, be in such form, either coupon or registered,
carry such registration privileges, be payable in such medium of
payment, in such place, and be subject to such terms of
redemption as otherwise set forth in this chapter as the
commission department may authorize. The bonds of the commission department may be sold
by the commission department at public or private sale, at or not less than
the price the commission director of transportation determines. The bonds shall be executed
by a voting member of the commission, selected by the commission and
approved by the speaker of the house of representatives and the
president of the senate, who may use a facsimile signature. The
official seal of the commission, or a facsimile, shall be affixed
thereto or printed thereon and attested, manually, or by
facsimile signature, by the secretary-treasurer of the commission.
Coupons, if any, attached thereto shall bear the signature or
facsimile signature of the chairperson of the
commission. In case
any officer whose signature, or a facsimile of whose signature
appears on any bonds, notes, or coupons ceases to be such officer
before delivery of such bonds or notes, such signature or
facsimile is nevertheless sufficient for all purposes the same as
if the officer had remained in office until such delivery. In
case the seal of the commission changes after a facsimile
is imprinted on such bonds or notes, such facsimile continues to be sufficient
for all purposes in the form prescribed by the treasurer of state.
(D) Any resolution language authorizing any bonds or any issue
thereof may contain provisions, subject to such agreements with
bondholders or noteholders as may then exist, which provisions
shall be a part of the contract with the holders thereof, as to
pledging all or any part of the revenues of the commission department to
secure the payment of the bonds of any issue thereof; the issue
and disposition of revenues of the commission department; the setting aside
of reserve funds, sinking funds, or replacement and improvement
funds and the regulation and disposition thereof; the crediting
of the proceeds of the sale of bonds to and among the funds
referred to and provided for in the resolution language authorizing the
issuance of the bonds; providing for the pledge or use of the
rail development fund created by section 4981.09 5507.09 of the Revised Code; the use,
lease, sale,
or other disposition of any assets of the commission department; limitations
on the purpose to which the proceeds of the sale of bonds may be
applied; the agreement of the commission department to do all things
necessary for the authorization, issuance, and sale of such bonds
which may be issued in such amounts as may be necessary for the
timely retirement of such bonds; limitation on the issuance of
additional bonds which may be issued and secured; the refunding
of outstanding bonds; the procedure, if any, by which the terms
of any contract with bondholders or noteholders may be amended or
abrogated; the amount of bonds the holders of which must consent
may be given; limitations on the amount of moneys to be expended
by the commission department for operating, administrative, or other expenses
of the commission department securing any bonds by a trust agreement; and any
other matter, of like or different character, which in any way
affects the security or protection of the bonds.
(E) In connection with each such issuance of bonds, the
commission department shall establish in its name an improvement fund or
funds in the name of the rail service project or projects for
which the permitted loan or expenditure is to be made. The
proceeds of each issue of bonds, except for any portion thereof
required under the bond proceedings to be deposited in a bond
service fund, bond service reserve fund, or other special fund
established pursuant to the bond proceedings for such issue of
bonds, shall be deposited in the designated fund, and together
with any investment income thereof, shall be held in trust and
applied solely to permitted bond purposes and in accordance with
such bond proceedings.
(F) The right of holders of bonds issued by the commission department to payment of debt
service on such bonds shall be limited to the
pledged receipts and special funds pledged thereto pursuant to
the bond proceedings and any moneys available for such payment
under any credit facility issued with respect to such bonds. The
holders of such bonds shall have no right to have moneys raised
by ad valorem taxation obligated or pledged, and moneys raised by
ad valorem taxation shall not be obligated or pledged for the
payment of debt service on bonds issued by the commission department, except
to the extent, if any, that the general assembly or legislative
authority of qualifying subdivisions and local or regional
transportation authorities that borrows moneys derived from the
proceeds of such bonds pledge any moneys they raise by ad valorem
taxation to the repayment of such borrowings and the moneys so
raised and paid to the commission department are obligated or pledged to the
payment of debt service on the bonds pursuant to the bond
proceedings.
(G) The bond proceedings adopted by the commission department authorizing the issuance
of bonds shall provide for the general
purpose thereof and shall specify, or shall authorize one or more
officers of the board of directors to determine, subject to
limitations set forth in the bond proceedings: the aggregate
principal amount of the bonds; the form and manner of execution
and authentication of the bonds; the principal maturity or
maturities; whether the bonds are to bear interest at a fixed
rate or rates or under a floating rate interest structure; if a
fixed rate or fixed rates of interest are to be borne by the
bonds, the interest rate or rates: if the bonds are to bear
interest under a floating rate interest structure, the manner in
which the floating rate is to be determined for each interest-rate
period, the length of each interest-rate period, and the
extent to which and manner in which the interest-rate period may
be changed from time to time; the put arrangement or
arrangements, if any, to be available to holders of the bonds;
and the paying agents, remarketing agents, indexing agents, or
other agents, if any, to be engaged in connection with the
issuance of the bonds. The bond proceedings, either
expressly or by reference to other bond proceedings thereby
approved or otherwise applicable, also shall specify: the pledged receipts
and the special fund or funds to be pledged to secure the payment
of the debt service on the bonds; whether the pledged receipts
are pledged on a basis prior or subordinate to other expenses,
claims, or payments and whether other bonds have been or may be
issued by the commission department secured by the pledged receipts on a
basis prior to or on a parity with the bonds; the credit facility
or facilities, if any, to be obtained with respect to the bonds;
and the rights and remedies that may be exercised by the holders
of the bonds or by a trustee on their behalf upon the occurrence
of an event constituting an event of default under the bond
proceedings, which rights and remedies shall include, except to
the extent restricted by the bond proceedings, any rights and
remedies available under the laws of the state for the
enforcement of the payments required under and any other
agreements made in, the bond proceedings. The bond proceedings, either
expressly or by reference to other bond
proceedings thereby approved or otherwise applicable, also may provide
for: the mandatory or optional redemption of the bonds prior to
their stated maturity; limitations on the issuance of additional
bonds by the commission department; the investment of moneys in the
improvement fund and any special funds, without regard to Chapter
131. or 135. of the Revised Code, but subject to any provisions
of Chapter 4981. 5507. of the Revised Code, and the bond proceedings
with respect thereto; a maximum rate of interest that bonds with
a floating rate interest structure may bear, without regard to
section 9.95 of the Revised Code; any restrictions not
inconsistent with this chapter on the amount and terms of and
security for the repayment for loans made to qualifying
subdivisions, local or regional transportation authorities, or
other persons from the improvement fund; and any other term,
condition, or provision of or with respect to the bonds which may
be included in the bond proceedings.
(H) The revenues and any special funds pledged to the
payment of debt service on bonds pursuant to the bond proceedings
for such bonds and thereafter received by the commission department or by an
agent on behalf of the commission department are immediately subject to the
lien of such pledge without any physical delivery thereof or
further act. The lien of any such pledge is valid and binding
against all parties having claims of any kind against the
commission department or against any person, qualifying subdivision, or local
or regional transportation authority or municipal corporation
that is an absolute obligor with respect to such bonds,
irrespective of whether such parties have notice thereof, and
shall create a perfected security interest for all purposes of
Chapter 1309. of the Revised Code, without the necessity for
separation or delivery of funds or for the filing or recording of
the bond proceedings by which such pledge is created, or any
certificate, statement, or other document with respect thereto;
and the pledge of such pledged receipts and special funds is
effective and the moneys therefrom and thereof may be applied to
the purposes for which pledged without necessity for any act of
appropriation. Every pledge, and every covenant and agreement
made in the bond proceedings with respect thereto, may therein be
extended to the benefit of the owners and holders of the bonds
authorized to be issued under this section and to any trustee or
paying agent for such owners and holders for further security of
the payment of the debt service on such bonds.
(I) Each duty of the commission department and of its members,
directors, or officers employees and each duty of any other governmental
agency and its officials, members, or employees undertaken
pursuant to the bond proceedings or in any participation
agreement is hereby established as a duty of the commission department or of
such qualifying subdivision or local or regional transportation
authority or governmental agency and of each such member,
officer, official, or employee having authority to perform such
duty, specifically enjoined by law resulting from an office,
trust, or station within the meaning of section 2731.01 of the
Revised Code. The persons who are at the time the members,
directors, officers, or employees of the commission are not liable in their
personal capacities on any
bonds issued by the commission or under any of the bond
proceedings with respect thereto Section 9.86 of the Revised Code applies to all bond proceedings under this chapter.
(J) Bonds issued under this section are lawful investments
of banks, savings and loan associations, deposit guarantee
associations, trust companies, trustees, fiduciaries, insurance
companies, including domestic for life and domestic not for life,
trustees or other officers having charge of sinking and bond
retirement funds or other funds of the state and of political
subdivisions and taxing districts of the state, the commissioners
of the sinking fund of the state, the industrial commission, the
state teachers retirement system, the public employees retirement
system, the school employees retirement system, and the Ohio
police
and fire pension fund, notwithstanding
any
other provisions of the Revised Code or rules adopted by any
state agency with respect to investments by them, and are also
acceptable as security for the deposit of public moneys. For the
purpose of causing bonds issued by the commission department to be eligible
for investment of interim moneys of the state or any subdivision
of the state under section 135.14 of the Revised Code, but solely
for that purpose, bonds issued by the commission department shall be deemed
to be bonds or other obligations of this state for purposes of
division (B)(4) of section 135.14 of the Revised Code.
(K) The bonds issued by the commission department, the transfer
thereof, and the income therefrom, including any profit made on
the sale thereof, shall at all times be free from taxation within
the state.
(L) Any bonds which recite that they are issued pursuant
to this section, which comply on their face with such section,
which are issued for one or more permitted bond purposes, and for
which the commission department has been paid in full, shall in any action or
proceeding involving their validity be conclusively deemed to
have been issued, sold, executed, and delivered in conformity
with law and shall be incontestable unless such action or
proceeding is begun prior to the delivery of such bonds to the
original purchaser or purchasers thereof.
(M) In the event that the sum of all reserves pledged to
the payment of such bonds shall be less than the minimum reserve
requirements established in any resolution or resolutions
authorizing for the issuance of such bonds, the chairperson director of the
commission transportation shall certify, on or before the first day of December
of each year, the amount of such deficiency to the governor for
inclusion, if the governor shall so elect, of the amount of such
deficiency in the budget to be submitted to the next session of
the general assembly for appropriation to the commission department to be
pledged for payment of such bonds or notes. The general assembly
shall not be required to make any appropriations so requested,
and the amount of such deficiencies do not constitute a debt or
liability of the state.
(N) All property of the commission department is exempt from levy and
sale by virtue of an execution and no execution or other judicial
process may issue against the property. A judgment against the
commission department may not be a charge or lien upon its property.
However, nothing in this section applies to or limits the rights
of the holder of bonds or notes to pursue a remedy for the
enforcement of a pledge or lien given by the bank on its revenues
or other money.
(O) No action to contest the validity of any bonds of the
commission department to be sold at public sale may be brought after the
fifteenth day following the first publication of notice of the
sale of the bonds. No action to contest the validity of any bond
sale under this chapter may be brought after the fifth day
following the bond sale.
(P) If bonds are sold at private sale, the commission department may
publish notice of the execution of the contract of sale of the
bonds one time in a newspaper published and of general
circulation in the city of Columbus. If notice is published as
permitted in this division, no action to contest the validity of
such bonds or notes sold at private sale may be brought after the
fifteenth day following the publication of notice of the
execution of the contract of sale pertaining to the bonds.
(Q) If an action challenging the bonds of the commission department is
not brought within the time prescribed by division (O) or (P) of
this section, whichever is applicable, all bonds of the commission shall be
conclusively presumed to be fully authorized and issued
under the laws of the state, and a person or a qualified entity
is estopped from questioning their authorization, sale, issuance,
execution, or delivery by the commission department.
(R) Insofar as the provisions of this section are
inconsistent with the provisions of any other law, general,
special, or local, the provisions of this chapter shall be
controlling.
Sec. 4981.16 5507.16. The Ohio rail development commission department of transportation may make the following
determinations in connection with any issuance of its bonds under this chapter:
(A) The number, location, and other characteristics of
projects, including to the extent reasonably possible, assurance
that the projects to be financed by bonds will create or preserve
jobs and employment opportunities or improve the economic welfare
of the people of the state;
(B) Eligibility requirements, including requirements for
credit worthiness, for projects for which loans are made from
proceeds of the bonds. In determining eligibility requirements
the issuer shall take into consideration all of the
following factors:
(1) The length of time any borrower has been engaged in
rail service;
(2) The net income or net worth of any borrower;
(3) The availability or feasibility of alternative
financing methods for any borrower;
(C) The type and amount of collateral, security, or credit
enhancement to be provided to assure repayment of loans or of
bonds;
(D) The amounts and types of insurance coverage required
on projects and loans;
(E) Any other matters relating to the exercise of the
powers or duties of the issuer under sections 4981.11
5507.11 to 4981.26 5507.26 of the Revised Code.
Sec. 4981.17 5507.17. (A) In the discretion of the
Ohio rail development commission department of transportation, the bonds issued under this chapter may be secured by a trust
agreement or
indenture of mortgage between the issuer and a corporate trustee,
which may be any trust company or bank having the powers of a
trust company within or without this state but authorized to
exercise trust powers within this state.
(B) Any such trust agreement or indenture of mortgage may
contain the resolution or ordinance language authorizing the issuance of
the bonds and other provisions that are customary or appropriate
in an agreement or indenture of such type, including, but not
limited to:
(1) A pledge of the rentals, revenues, and other income,
charges, and moneys out of which the principal of and interest on
the bonds shall be payable and a mortgage of all or any part of
the pledged facilities, including any enlargements of and
additions to such pledged facilities thereafter made;
(2) Maintenance of each pledge, trust agreement, and
indenture of mortgage made for the security of any of the bonds
until the issuer has fully paid the principal of and interest on
the bonds, or provision therefor has been made, for the security
of which the pledge has been made and the trust agreement or
indenture of mortgage has been given;
(3) In the event of default in any payments required to be
made by the bond proceedings or any other agreement of the issuer
made as a part of the contract under which the bonds were issued,
enforcement of such payments or agreement by mandamus, the
appointment of a receiver in equity, or if a mortgage has been
given, the foreclosure of such mortgage or any combination of the
foregoing;
(4) The rights and remedies of the bondholders and of the
trustee and provisions for protecting and enforcing them,
including limitations on rights of individual bondholders;
(5) Such other provisions as the trustee, the original
purchaser of the bonds, and the issuer agree upon.
Sec. 4981.18 5507.18. (A) Any holder of bonds issued pursuant to
sections 4981.11 5507.11 to 4981.26 5507.26 of the Revised Code or a trustee
under a trust agreement or indenture of mortgage entered into
pursuant to section 4981.17 5507.17 of the Revised Code, except to the
extent that their rights are restricted by the bond proceedings
or by the terms of the bonds, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this state or granted by the bond proceedings. Such rights
include the right to compel the performance of all duties of the
Ohio rail development commission department of transportation required by sections 4981.11 5507.11 to 4981.26 5507.26 of
the Revised
Code or the bond proceedings; to enjoin unlawful activities; and
in the event of default with respect to the payment of any
principal of and interest on any bond or in the performance of
any covenant or agreement on the part of the issuer in the
resolution, ordinance, trust agreement, or indenture, to apply to
a court having jurisdiction of the cause to appoint a receiver to
administer and operate the pledged facilities, the rentals,
revenues, and other income, charges, and moneys of which are
pledged to the payment of principal of and interest on such bonds
or which are the subject of the covenant or agreement, with full
power to pay, and to provide for payment of, principal of and
interest on such bonds, and with such powers, subject to the
direction of the court, as are accorded receivers in general
equity cases, excluding any power to pledge additional rentals,
revenues, or other income, charges, or moneys of the issuer,
including those derived from taxation, to the payment of such
principal and interest; and to foreclose the mortgage on the
pledged facilities in the same manner as for real estate of
private corporations.
(B) No law heretofore or hereafter enacted providing for a
moratorium, postponement, or restraint upon the rights or
remedies of a mortgagee or secured party to enforce a security
interest, whether by foreclosure, collection or taking
possession, judicial or other sale or disposition, or by any
other means, shall apply to a security interest in all or any
part of pledged facilities or in any way restrict, preclude, or
otherwise impair the rights or remedies of the holders of bonds
issued under sections 4981.11 5507.11 to 4981.26 5507.26 of the Revised Code or
of any insurer, guarantor, or provider of a letter of credit or
other credit facility or security enhancement arrangement
pertaining to loans made or bonds issued under sections 4981.11
5507.11 to 4981.26 5507.26 of the Revised Code. The provisions of this division
may be included as a covenant in any agreement with the holders
of bonds or any insurer, guarantor, or provider of a letter of
credit or other credit facility or security enhancement
arrangement pertaining to loans made or bonds issued under
sections 4981.11 5507.11 to 4981.26 5507.26 of the Revised Code.
Sec. 4981.19 5507.19. All bonds issued under sections 4981.11 5507.11 to
4981.26 5507.26 of the Revised Code are lawful investments of banks,
societies for savings, savings and loan associations, deposit
guarantee associations, trust companies, trustees, fiduciaries,
insurance companies, including domestic for life and domestic not
for life, trustees or other officers having charge of sinking and
bond retirement or other special funds of political subdivisions
and taxing districts of this state, the commissioners of the
sinking fund of the state, the administrator of workers'
compensation, the state teachers retirement system, the
public employees retirement system, the school employees
retirement system, and the Ohio police and fire
pension fund, notwithstanding any other provision of the Revised
Code or rules adopted pursuant thereto by any governmental agency
of the state with respect to investments by them, and are
acceptable as security for the deposit of public moneys.
Sec. 4981.20 5507.20. (A) Any real or personal property, or both,
of the Ohio rail development commission department of transportation that is acquired,
constructed,
reconstructed,
enlarged, improved, furnished, or
equipped, or any combination
thereof, and leased or subleased
under authority of sections
4981.11 5507.11 to 4981.26 5507.26 of the Revised Code
shall be subject to ad
valorem, sales, use, and franchise taxes
and to zoning, planning,
and building regulations and fees, to the
same extent and in the
same manner as if the lessee-user or
sublessee-user thereof,
rather than the issuer, had acquired,
constructed, reconstructed,
enlarged, improved, furnished, or
equipped, or any combination
thereof, such real or personal
property, and title thereto was in
the name of such lessee-user or
sublessee-user.
The transfer of tangible personal property by lease or
sublease under authority of sections 4981.11 5507.11 to 4981.26 5507.26 of the
Revised Code is not a sale as used in Chapter 5739. of the
Revised
Code. The exemptions provided in divisions (B)(1) and
(14)(12) of
section 5739.02 of the Revised Code shall not be
applicable to
purchases for a project under sections 4981.11 5507.11 to
4981.26 5507.26 of the
Revised Code.
The issuer shall be exempt from all taxes on its real or
personal property, or both, which has been acquired, constructed,
reconstructed, enlarged, improved, furnished, or equipped, or any
combination thereof, under sections 4981.11 5507.11 to 4981.26 5507.26 of the
Revised Code so long as such property is used by the issuer for
purposes which would otherwise exempt such property; has ceased
to
be used by a former lessee-user or sublessee-user and is not
occupied or used; or has been acquired by the issuer but
development has not yet commenced. The exemption shall be
effective as of the date the exempt use begins. All taxes on the
exempt real or personal property for the year should be prorated
and the taxes for the exempt portion of the year shall be
remitted
by the county auditor.
(B) Bonds issued under sections 4981.11 5507.11 to 4981.26 5507.26 of the
Revised Code, the transfer thereof, and the interest and other
income from the bonds, including any profit made on the sale
thereof, are free from taxation within the state.
Sec. 4981.21 5507.21. When a special assessment is made on real property owned by the
Ohio rail development commission department of transportation and leased under authority of sections
4981.11 5507.11 to 4981.26 5507.26 of the Revised Code, the installments of the assessment
shall be paid by the lessee of such real property so long as such the property is
leased and any installment thereof remaining unpaid at the termination of any
such lease shall thereafter be paid by the issuer so long as such the property is
owned by it.
Sec. 4981.22 5507.22. The Ohio rail development commission department of transportation may issue refunding
bonds to refund any bonds it previously issued under
sections 4981.11 5507.11 to 4981.26 5507.26 of the Revised Code, for any of the
following purposes:
(A) Refunding bonds which that have matured or are about to
mature when the rentals, revenues, and other income, charges, and
moneys pledged for the payment of such bonds are insufficient to
pay bonds which that have matured or are about to mature or to make
payments to other funds required by the bond proceedings;
(B) Refunding any bonds as an incident to providing funds
for reconstructing, enlarging, improving, or providing additional
furnishings or equipment for the pledged facilities as to bonds
originally issued under sections 4981.11 5507.11 to 4981.26 5507.26 of the
Revised Code;
(C) Refunding all of the outstanding bonds of any issue,
both matured and unmatured, when the rentals, revenues, or other
income, charges, or moneys pledged for the payment of such bonds
are insufficient to pay bonds which that have matured or are about to
mature or to make payments to other funds required by the bond
proceedings, if such outstanding bonds can be retired by call, at
maturity, or with the consent of the holders thereof, whether
from the proceeds of the sale of the refunding bonds or by
exchange for the refunding bonds, provided that the principal
amount of refunding bonds shall not exceed in amount the
aggregate of the par value of the bonds to be retired, any
redemption premium, past due and future interest to the date of
maturity or proposed redemption that cannot otherwise be paid,
and funds, if any, to reconstruct, enlarge, improve, furnish, or
equip, or any combination thereof, the pledged facilities as to
bonds originally issued under sections 4981.11 5507.11 to 4981.26 5507.26 of the
Revised Code;
(D) Refunding any bonds of the issuer previously issued
when the refunding bonds will bear interest at a lower rate than
the bonds to be refunded, or when the interest cost of the
refunding bonds computed to absolute maturity will be less
than the interest cost of the bonds to be refunded, or when the
average life of the refunding bonds will be greater than the
remaining average life of the bonds to be refunded.
Refunding bonds issued pursuant to this section shall
mature not later than thirty years from date of issue. Except as
provided in this section, the terms of the issuance and sale of
refunding bonds shall be as provided in sections 4981.11 5507.11 to
4981.26 5507.26 of the Revised Code for an original issue of bonds.
Sec. 4981.23 5507.23. No bonds shall be issued under sections
4981.11 5507.11 to 4981.26 5507.26 of the Revised Code unless the resolution
language authorizing such issuance of bonds specifies that all wages paid
to laborers and mechanics employed on such projects for which the
bonds are issued shall be paid at the prevailing rates of wages
of laborers and mechanics for the class of work called for by
such project, which wages shall be determined in accordance with
the requirements of Chapter 4115. of the Revised Code for
determination of prevailing wage rates, provided that the
requirements of this section do not apply where the federal
government or any of its agencies furnished by loan or grant all
or any part of the funds used in connection with such project and
prescribes predetermined minimum wages to be paid to such
laborers and mechanics; and provided further that should a
nonpublic user beneficiary of the project undertake, as part of
the project, construction to be performed by its regular
bargaining unit employees who are covered under a collective
bargaining agreement which that was in existence prior to the date of
the commitment instrument undertaking to issue bonds then, in
that event, the rate of pay provided under the collective
bargaining agreement may be paid to such employees.
Sec. 4981.25 5507.25. In accordance with Section 13 of Article
VIII, Ohio Constitution, the state, acting through the Ohio
rail development commission department of transportation, for the purpose of implementing
rail service, may by resolution designate a
corporation organized under Chapter 1702. or 1724. of the Revised
Code as its agency to acquire, construct, reconstruct, enlarge,
improve, furnish, or equip and to sell, lease, exchange, or
otherwise dispose of property and facilities within the state for
industry, commerce, distribution, and research; may approve such
corporation and obligations of the corporation issued by it for
one or more such purposes; and may have a beneficial interest in
such corporation including the right to the property financed by
such obligations on the retirement of such obligations, or by
acquiring such property for endowment or similar uses or benefits
or for ultimate direct use by it, subject to any lease or
mortgage securing such obligations.
Sec. 4981.26 5507.26. (A) A project of the Ohio rail development commission department of transportation authorized by this chapter shall
not be subject to the
requirements relating to public buildings, structures, grounds,
works, or improvements imposed by section 125.81, 713.02, or
713.25 of the Revised Code or any other similar requirements
that may be lawfully waived by this section.
(B) A project of the commission department authorized by this chapter shall be constructed, reconstructed,
enlarged, improved, furnished, or equipped and shall be leased,
sold, or otherwise disposed of in the manner determined by the
issuer in its sole discretion and any requirement of
competitive bidding or other restriction, which may be lawfully
waived by this section, imposed on the procedure for award of
contracts for such purpose or the lease, sale, or other
disposition of property of the issuer is not applicable to any
action taken under sections 4981.11 5507.11 to 4981.26 5507.26 of
the Revised Code.
Sec. 4981.28 5507.28. (A) The general assembly hereby finds and declares that it is
in the public interest for private corporations or organizations to
participate in the providing of rail service through the financing, design,
construction, reconstruction, operation, and maintenance by private persons of
all or part of a rail system, whether as system owners, lessees from the Ohio
rail development commission department of transportation, or agents for the commission department.
(B) To the extent that any provisions of sections 4981.28 5507.28 to 4981.34 5507.34 of the
Revised Code conflict with any state or local statute, regulation, or
ordinance, the provisions of sections 4981.28 5507.28 to 4981.34 5507.34 of the Revised Code
are controlling.
Sec. 4981.29 5507.29. (A) In addition to the powers contained in
section 4981.14 5507.14 of the Revised Code, the Ohio rail development
commission department of transportation may do all of the following:
(1) Notwithstanding division (A) of section 4981.04 5507.04 of the
Revised Code, adopt a plan for private participation in the
financing, design, construction, and operation of all or part of
a rail system;
(2) Grant franchises for terms of up to fifty years and
enter into franchise agreements with private corporations or
organizations in connection therewith. A franchise may be
awarded for the entire rail system or for a designated portion of
the system, such as a corridor.
(3) Use, close, relocate, or alter the grade of existing
streets or highways or facilities of public utilities, and
otherwise ensure compatibility of operation of public facilities
with a franchise, whether in connection with the exercise of the
commission's department's power to appropriate property or otherwise;
(4) Consult with and receive services from other state
agencies and political subdivisions in connection with the
planning, financing, construction, and operation of the rail
system;
(5) In accordance with Chapter 163. of the Revised Code,
and subject to the approval of the director of transportation,
appropriate at a franchisee's expense real property that it may
transfer to the franchisee, if the franchisee previously has made
reasonable efforts to obtain the property in question through
good-faith negotiations;
(6) Make proceeds of bonds issued pursuant to section
4981.15 5507.15 of the Revised Code available for financing of all or
part of a privately operated rail system, and serve as the issuer
of bonds to fund loans it may make to private corporations and
organizations under sections 4981.01 5507.01 to 4981.26 5507.26 of the Revised
Code;
(7) Preserve and defend the confidentiality of trade
secrets and proprietary information received from private
corporations or organizations;
(8) Enter into any indemnification agreements that are
necessary to reimburse a franchisee for any injuries or losses
suffered by any person and for which the franchisee is liable and
must pay money damages, if the injuries or losses are of such a
nature that, if the commission were the responsible party instead
of the franchisee, the commission would not be liable for the
injuries or losses due to any immunity it enjoys under the laws
of this state.
(B) The commission department shall not regulate the rates or fares
charged by a franchisee or the return on investment received by a
franchisee, provided the rates are not discriminatory and overall
return is not unreasonable. The commission department shall not regulate
operations of a franchisee so long as the franchisee operates in
accordance with all applicable safety standards.
Sec. 4981.30 5507.30. (A) The Ohio rail development commission department of transportation,
in accordance with Chapter 119. of the Revised Code, shall adopt,
and may amend and rescind, rules governing the process whereby a
private corporation or organization may apply to the commission
department for a franchise for all or part of a rail system. The rules also
shall establish the financial and technical criteria upon which a
franchise is awarded. The criteria may include all of the
following:
(1) The qualifications of each applicant, including the
familiarity of the applicant with the transportation needs and
resources of the state and the applicant's prior involvement and
experience with respect to the development of rail service in
this state;
(2) The level of transport services offered;
(3) The technology proposed;
(4) The timetable for construction;
(5) The construction, operation, and management plans;
(6) The financial plan and the applicant's financial
ability to provide reliable service;
(7) Whether the proposed rail system will meet all
applicable state and federal safety requirements;
(8) Any legislative changes that may be necessary in order
to implement the applicant's proposal;
(9) Any plans and studies prepared for the commission department;
(10) The projected ability of each applicant's proposed
revenue sources to meet projected capital and operating funding
requirements.
(B) The commission department may solicit letters of intent from
private corporations or organizations interested in applying for
a franchise, and may require that a nonrefundable fee be
submitted with the letter of intent. Any such fee may be applied
against costs the commission department incurs in evaluating applications
and for subsequent administration of a franchise.
(C) The commission department may request proposals to be delivered
for a franchise to construct, operate, and maintain the rail
system or a portion thereof.
(D) All applications for a franchise shall address the
items contained in divisions (A)(1) to (11) of section 4981.04 5507.04 of
the Revised Code.
(E) The commission department shall notify all prospective bidders
for a franchise that any private corporation or organization that
is awarded a franchise with respect to the 3-C corridor shall be
obligated to reimburse the commission department for amounts payable by the
commission department, up to a maximum of one million five hundred thousand
dollars, arising out of commitments of the commission department in
connection with the preparation of the plan under section 4981.04
5507.04 of the Revised Code, and out of other pre-existing contractual
arrangements of the commission department with respect to the 3-C corridor.
(F) The commission department may award a franchise for the rail
system or a portion of the system to the applicant the commission
department determines is best qualified, in accordance with standards for
evaluation of applicants established by rule and previously
announced.
Sec. 4981.31 5507.31. (A) The award by the Ohio rail development
commission department of transportation of a franchise for all or part of a rail system shall
be the sole license required for a franchisee to exercise all
specified franchise powers and enjoy all specified franchise
rights. The franchise shall be for a term of not less than
thirty-five, but not more than fifty years from the date of
commencement of actual service operations. With the approval of
the general assembly, the commission The department may extend a franchise
beyond the time period specified in the original franchise award,
on terms mutually agreeable to the franchisee and the commission department.
If the commission department does not grant an extension, any portion of the
rail system owned by the franchisee shall revert to the state
upon expiration of the franchise.
(B) In the absence of a material default by a franchisee
under the franchise agreement, any termination by the commission
department of a franchise prior to the expiration of its stated terms shall
be deemed to be either an impairment of contract by the state or
the equivalent of the commencement of an appropriation action by
the state, as the franchisee may elect, and shall entitle the
franchisee to full compensation for its loss, including
reimbursement of all costs incurred in the development of the
franchise. Any terms of the franchise agreement designed to
protect the reasonable expectations of persons providing
financing for the portion of the system comprising the franchise
shall not be affected by any proposed franchise termination, and
any termination based upon an alleged material default in
performance by the franchisee is subject to the hearing and
appeal provisions of Chapter 119. of the Revised Code.
(C) The franchise agreement may authorize the franchisee
to plan, design, finance, construct, operate, and maintain its
designated portion of the rail system and any ancillary system
facilities.
(D) The franchise agreement shall require the franchisee
to construct, operate, and maintain the rail system in accordance
with the franchise agreement. All minimum technical standards
for the design, construction, and operation of the portion of the
system comprising the franchise shall be included in the
franchise agreement or incorporated by reference. The conditions
of the franchise agreement relating to the actual operation of
the trains, including train speed, capacity, construction and
maintenance standards, environmental enhancement and protection,
safety, and noise levels, supersede any conflicting rule,
ordinance, resolution, standard, or charter provision of any
agency or political subdivision of the state.
(E) Provision may be included in the franchise agreement
for a development and construction schedule, subject to extension
for events beyond the control of the franchisee and changes in
applicable state and federal law.
(F) The franchise agreement shall obligate the commission department,
upon request of the franchisee, to assist in obtaining permits
and licenses necessary for the construction and operation of the
rail system and ancillary facilities.
(G) If a franchisee develops and either transfers its
portion of the rail system to the commission and then leases that
portion from the commission, or leases its portion to the
commission and continues to operate that portion of the rail
system, the state shall indemnify the franchisee against claims
that, if made against the commission or the state, would be
subject to a defense of sovereign immunity.
(H) In the franchise agreement, the commission department may furnish
the franchisee with reasonable assurances that the state will not
take any action that would have the effect of depriving the
franchisee of the anticipated economic benefits of franchise
operation, including the award of franchises subsequent to the
award of the 3-C corridor franchise which have such effect, and
that the commission department will take such reasonable actions to dissuade
other agencies of the state from taking actions that might have
an adverse economic or regulatory impact on the franchisee.
(I)(H) If more than one franchise is awarded, the franchisees
shall bear all costs necessary for the interconnection of their
respective franchises, which costs shall be allocated equitably
by the commission department.
(J)(I) After a franchise is awarded, the terms under which it
is awarded may be modified only by written agreement of the
parties, after observation of notice and comment procedures
initially agreed to by the commission department and the franchisee.
(K)(J) The commission department shall cooperate with the environmental
protection agency in the franchise procurement review and award
process. In consultation with the agency, the commission department shall
adopt or amend reasonable procedural rules in order to simplify
and expedite the process by which the franchisee applies for and
obtains required state permits.
(L)(K) The commission department shall assist franchisees in meeting
environmental requirements, including, if requested by a
franchisee, serving as the lead agency in connection with
environmental impact analysis requirements.
Sec. 4981.32 5507.32. (A) A franchise agreement shall authorize
the franchisee to do all of the following:
(1) Acquire and dispose of real and personal property and
request the Ohio rail development commission department of transportation to appropriate real
property for sale to the franchisee in accordance with division
(A)(5) of section 4981.29 5507.29 of the Revised Code;
(2) Plan, design, finance, construct, reconstruct,
improve, operate, and maintain its portion of the rail system and
any ancillary system facilities;
(3) Set and charge rates and fares for the use of its
portion of the rail system, and retain all revenues in excess of
debt service and operating expenses up to an agreed return on
investment;
(4) Subject to applicable permit requirements, construct
and operate the rail system over or under canals, navigable
watercourses, and existing transportation and public utility
rights-of-way;
(5) Classify users according to reasonable categories for
the assessment of fares, including peak and off-peak time
periods;
(6) Make and enforce reasonable regulations regarding
usage and safety of that portion of the rail system comprising
its franchise;
(7) Engage in any other business in addition to that of
operator of its portion of the rail system, including the
purchase and sale of real estate and ownership and operation of
ancillary system facilities;
(8) Establish and fund accounts, including reasonable
reserves for contingencies, maintenance, and replacement, in
order to ensure the availability of funds to meet future
obligations of the franchisee;
(9) Take all other actions it determines necessary and
appropriate in the operation of the franchise, so long as those
actions comply with the franchise agreement and with applicable
state and federal statutes, rules, and regulations.
(B) The franchisee shall do all of the following:
(1) Use best efforts to arrange financing for the
construction and operation of that portion of the rail system
that comprises its franchise, and pledge assets and revenue as
may be necessary to secure repayment of obligations;
(2) Maintain and file with the commission department a schedule of
rates and fares, and file and maintain a statement that those
rates and fares apply uniformly to all users of the rail system
within reasonable categories;
(3) Construct, maintain, and insure the rail system in
accordance with standards agreed with the commission department, and permit
access for inspection by the commission department. Construction may be
performed in stages pursuant to a schedule or program approved by
the commission department.
(4) Enlarge or expand its portion of the rail system from
time to time, as reflected in initial plans for the franchise and
as appropriate to meet market requirements;
(5) Operate the rail system in accordance with applicable
legal requirements and any additional reasonable operating and
safety standards the commission department approves, or as otherwise may be
required by applicable state or federal requirements;
(6) Contract with state, county, or municipal law
enforcement agencies, or enter into other arrangements acceptable
to the commission department, to provide law enforcement on and around the
franchisee's portion of the rail system.
(C) Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 4981.33 5507.33. (A) The Ohio rail development commission
department of transportation shall review all plans and specifications of a franchisee for its
portion of a rail system to ensure that the plans and
specifications conform to commission department standards, and shall inspect
and approve the construction of all portions of the rail system.
The commission shall assume responsibility for and indemnify any
franchisee for third-party claims arising out of franchisee
design and construction activities performed without fault that
have been reviewed and approved by the commission.
(B) The commission department shall monitor maintenance practices of
a franchisee or its operator to secure and maintain safety and
efficiency in the operation of those portions of the rail system
operated by the franchisee.
(C) All rules adopted by the commission department affecting the rail
system or franchises shall be adopted in accordance with Chapter
119. of the Revised Code.
(D) The commission department shall not regulate rates and fares a
franchisee charges for its portion of the rail system.
(E) The commission department may require a franchisee to furnish to
the commission department data sufficient to enable it to verify the
franchisee's compliance with all terms of its franchise
agreement.
(F) Except for rules adopted by the commission department or the
franchisee pursuant to sections 4981.28 5507.28 to 4981.34 5507.34 of the Revised
Code, the laws of this state relating to rail carriers apply to
all portions of the rail system, and the powers of arrest of law
enforcement officers on and around any portion of the rail system
are the same there as elsewhere in the state.
Sec. 4981.34 5507.34. (A) On behalf of a franchisee and pursuant
to section 4981.15 5507.15 of the Revised Code, the Ohio rail development
commission department of transportation may issue bonds for loans to finance development and
construction of a franchisee's portion of a rail system. Any
bonds
issued pursuant to this section do not, and shall state that they
do not, represent or constitute a debt or pledge of the faith and
credit of the state, nor do such bonds grant to the bondholders
or noteholders any right to have the general assembly levy any
taxes or appropriate any funds for the payment of the principal
or interest thereon. Such bonds shall be payable solely from the
loan repayments the commission department receives from the franchisee to
which the loan was made. The loan repayments shall be made from
revenues that the franchisee receives from the operation of its
portion of the rail system and that shall be pledged to repay the
commission department, or from such other credit sources as the franchisee
may arrange.
(B) The portion of the rail system awarded to a
franchisee, any elements thereof, or the land upon which a
franchise is situated may be owned by the franchisee or owned by
the commission department and leased to the franchisee for the term of the
franchise.
(C) The rail system may be financed partially by the
commission department and partially by franchisees. With respect to that
portion of the rail system financed by the commission department, the
commission department may utilize all of the bonding and financial authority
contained in sections 4981.01 5507.01 to 4981.26 5507.26 of the Revised Code and
also may seek to obtain state funding or federal financing on
behalf of the rail system. Commission Department financing, credit support,
and financial assistance may not be commingled with private
financing obtained by the franchisee, and any moneys of the
commission department to be expended by the commission department to finance a portion
of a rail system shall be kept in accounts that are separate and
apart from and not a part of the accounts in which are kept any
moneys to be expended by a franchisee to finance its portion of a
rail system.
(D) The franchisee may arrange financing and refinancing
of the system through any combination of debt, equity, and public
sources available to it that it determines in its sole
discretion. A franchisee shall not be precluded from utilizing
any type of public or private assistance available to it in
connection with the development of its franchise. A franchisee
shall furnish the commission department all relevant and necessary
information with respect to financing terms to enable the
commission department to exercise its oversight responsibilities with
respect to the franchisee's reasonable return on its investment.
(E) When requested by a franchisee, the commission department shall
seek from the office of budget and management an allotment of
proceeds from the issuance of private activity bonds. The
commission department shall distribute those proceeds to franchisees in such
proportions and amounts as it determines in its discretion.
(F)(1) The commission department may levy and collect special
assessments upon all parcels of real property, other than real
property owned by a railroad corporation, in the immediate
vicinity of any rail system station or terminal of the commission
department or a franchisee, including, without limitation, parcels that
abut, are adjacent or contiguous to, or otherwise increase in
value due to the existence of, the station or terminal. An
assessment levied under this division shall be for the purpose of
enabling the commission department to collect a portion of the increase in
the true value in money of any such parcel of property subsequent
to the commencement of operation of a rail system station or
terminal. All assessments shall be applied, directly or
indirectly, to the development and financing of the portion of
the rail system of which the station or terminal is a part.
(2) Upon written request of the commission department, the county
auditor of a county in which a rail system station or terminal
commences operation shall assess each parcel of real property
that is located in the immediate vicinity of the station or
terminal and that the commission department has reasonable cause to believe
has increased in true value in money because of the existence of
the station or terminal. The county auditor shall utilize
appropriate assessment techniques specified in rules adopted by
the tax commissioner pursuant to Chapter 5713. of the Revised
Code to determine the increase in true value, if any, of the real
property. Any increase shall be measured by comparing the true
value of the real property in the year in which the commission
adopted the resolution designating department designated the location of the station or
terminal, as reflected on the tax list for that year, with the
highest true value of the real property as of the month in which
rail system operations commenced at the station or terminal. The
county auditor shall then determine what percentage of the true
value increase, if any, is directly attributable to the existence
of and commencement of operations at the station or terminal.
The county auditor shall convert the percentage increase to an
amount certain, and certify the results of the assessments to the
commission department. Within thirty days after receipt of the certified
results, the commission department shall reimburse the county auditor for
the actual cost to the auditor of making the assessments.
(3) In no case shall any special assessment levied by the
commission department upon a parcel of real property exceed twenty per cent
of the increase in the true value of the property that the county
auditor certifies to the commission department as being directly
attributable to the existence of and commencement of operations
at the station or terminal. A special assessment shall
constitute a lien against the property and shall be added to the
tax list and duplicate for collection. Payments on the special
assessment shall be made semiannually at the same time as real
property taxes are required to be paid, but upon written request
of the owner of the real property assessed, the county auditor
may permit the owner to pay the assessment in equal installments
over a period of not longer than ten years.
(4) An owner of real property upon which a special
assessment is levied under this section may file a petition in
the court of common pleas of the county in which the real
property is located challenging any aspect of the assessment,
including the fact of the special assessment itself or the
amount. The filing of such a petition shall stay the collection
of any part of the special assessment, and collection shall not
commence until a decision on the merits is rendered by the court.
(G) Nothing in this section shall be construed as limiting
the power of the commission department to issue bonds pursuant to section
4981.15 5507.15 of the Revised Code for the purposes stated in that
section.
Sec. 4981.35 5507.35. The
"Interstate High Speed Intercity Rail
Passenger Network Compact" is hereby ratified, enacted into law
and entered into by the state of Ohio with all other states
legally joining therein the form substantially as follows:
"INTERSTATE HIGH SPEED INTERCITY RAIL PASSENGER
NETWORK COMPACTArticle IPolicy and Purpose
Because the beneficial service of and profitability of a
high
speed intercity rail passenger system would be enhanced by
establishing such a system which would operate across state
lines,
it is the policy of the states party to this compact to
cooperate
and share jointly the administrative and financial
responsibilities of preparing a feasibility study concerning the
operation of such a system connecting major cities in Ohio,
Indiana, Michigan, Pennsylvania, Illinois, West Virginia, and
Kentucky.
Article II
Cooperation
The states of Ohio, Indiana, Michigan, Pennsylvania,
Illinois, West Virginia, and Kentucky, hereinafter referred to as
participating states, agree to, upon adoption of this compact by
the respective states, jointly conduct and participate in a high
speed intercity rail passenger feasibility study by providing
such
information and data as is available and may be requested by
a
participating state or any consulting firms representing a
participating state or the compact. It is mutually understood by
the participating states that such information shall not include
matters not of public record or of a nature considered to be
privileged and confidential unless the state providing such
information agrees to waive the confidentiality.
The participating states further agree to:
(A) Make available to each other and to any consulting
firm
representing the member states or the compact such
assistance as
may be legal, proper and available, including but
not limited to
personnel, equipment, office space, machinery,
computers,
engineering and technical advice and services; and
(B) Provide such financial assistance for the
implementation
of the feasibility study as may be legal, proper
and available.
Article IIIInterstate Rail Passenger Advisory Council
There is hereby created an interstate rail passenger
advisory
council, the membership of which shall consist of two
representatives from each participating state, one representative
from each state shall hold a bachelor of science degree in either
engineering or transportation science, and shall be appointed by
the governor of the participating state and the other shall be
the
chairman of the state's railroad authority, but in the event
said
state does not have a railroad authority, the second member
shall
be the director of the participating state's transportation
agency. The members shall select designees who shall serve in
the
absence of the members. The advisory council shall meet
within
thirty days after ratification of this agreement by at
least two
participating states and establish rules for the
conduct of the
advisory council's business.
The advisory council shall coordinate all aspects of the
high
speed intercity rail passenger feasibility study relative to
interstate connections and shall do all other things necessary
and
proper for the completion of the feasibility study.
Article IV
Effective Date
This compact shall become effective upon the adoption of
the
compact into law by two or more of the participating states.
Thereafter, it shall enter into force and effect as to any other
participating state upon the enactment thereof by such state.
This compact shall continue in force with respect to a
participating state and remain binding upon such state until six
months after such state has given notice to each other
participating state of the repeal thereof. Such withdrawal shall
not be construed to relieve any participating state from any
obligation incurred prior to the end of the state's participation
in the compact as provided herein.
Article VConstruction and Severability
This compact shall be liberally construed so as to
effectuate
the purposes thereof. The provisions of this compact
shall be
severable and if any phrase, clause, sentence, or
provision of
this compact is declared to be contrary to the
constitution of any
participating state or of the United States,
or the applicability
thereof to any government, agency, person,
or circumstance is held
invalid, the validity of the remainder of
this compact and the
applicability thereof to any government,
agency, person, or
circumstance shall not be affected thereby.
If this compact shall
be held contrary to the constitution of any
participating state,
the compact shall remain in full force and
effect as to the
remaining states and in full force and effect as
to the state
affected as to all severable matters."
Sec. 4981.36 5507.36. The
"Midwest
Interstate
Passenger
Rail
Compact" is hereby
ratified, enacted into law, and entered into by
the state of Ohio
with all other states legally joining therein in
the form substantially as
follows:
"MIDWEST INTERSTATE PASSENGER RAIL COMPACT
The contracting states solemnly agree:
Article IStatement of PurposeThe purposes of this compact are, through joint or
cooperative action:
A) To promote development and implementation of improvements
to
intercity passenger rail service in the Midwest;
B) To coordinate interaction among Midwestern state
elected
officials and their designees on passenger rail issues;
C) To promote development and implementation of long-range
plans
for high speed rail passenger service in the Midwest and
among other
regions of the United States;
D) To work with the public and private sectors at the
federal,
state and local levels to ensure coordination among the
various entities
having
an interest in passenger rail service and
to promote Midwestern
interests regarding passenger rail; and
E) To support efforts of transportation agencies involved in
developing and implementing passenger rail service in the Midwest.
Article IIEstablishment of CommissionTo further the purposes of the compact, a Commission is
created to
carry out the duties specified in this compact.
Article IIICommission MembershipThe manner of appointment of Commission members, terms of
office
consistent with the terms of this compact, provisions for
removal and
suspension, and manner of appointment to fill
vacancies shall be determined by
each party state pursuant to its
laws, but each commissioner shall be a
resident of the state of
appointment. Commission members shall serve without
compensation
from the Commission.
The Commission shall consist of four resident members of each
state as follows: The governor or the governor's designee who
shall serve
during the tenure of office of the governor, or until
a successor is named;
one member of the private sector who shall
be appointed by the governor and
shall serve during the tenure of
office of the governor, or until a successor
is named; and two
legislators, one from each legislative chamber (or two
legislators
from any unicameral legislature), who shall serve two-year terms,
or until successors are appointed, and who shall be appointed by
the
appropriate appointing authority in each legislative chamber.
All vacancies
shall be filled in accordance with the laws of the
appointing states. Any
commissioner appointed to fill a vacancy
shall serve until the end of the
incomplete term. Each member
state shall have equal voting privileges, as
determined by the
Commission bylaws.
Article IVPowers and Duties of the CommissionThe duties of the Commission are to:
1) Advocate for the funding and authorization necessary to
make passenger
rail improvements a reality for the region;
2) Identify and seek to develop ways that states can form
partnerships,
including with rail industry and labor, to implement
improved passenger rail
in the region;
3) Seek development of a long-term, interstate plan for high
speed rail
passenger service implementation;
4) Cooperate with other agencies, regions and entities to
ensure that the
Midwest is adequately represented and integrated
into national plans
for passenger rail development;
5) Adopt bylaws governing the activities and procedures of
the
Commission and addressing, among other subjects: the powers
and
duties of officers; the voting rights of Commission members,
voting
procedures, Commission business, and any other purposes
necessary to
fulfill the duties of the Commission;
6) Expend such funds as required to carry out the powers and
duties of the
Commission; and
7) Report on the activities of the Commission to the
legislatures
and governor of the member states on an annual basis.
In addition to its exercise of these duties, the Commission
is
empowered to:
1) Provide multistate advocacy necessary to implement
passenger rail
systems or plans, as approved by the Commission;
2) Work with local elected officials, economic development
planning
organizations, and similar entities to raise the
visibility of passenger rail
service benefits and needs;
3) Educate other state officials, federal agencies, other
elected
officials and the public on the advantages of passenger
rail as an integral
part of an intermodal transportation system in
the region;
4) Work with federal agency officials and Members of
Congress to ensure the funding and authorization necessary to
develop
a long-term, interstate plan for high speed rail passenger
service
implementation.
5) Make recommendations to members states;
6) If requested by each state participating in a particular
project and
under the terms of a formal agreement approved by the
participating states and
the Commission, implement or provide
oversight for specific rail
projects;
7) Establish an office and hire staff as necessary;
8) Contract for or provide services;
9) Assess dues, in accordance with the terms of this
compact;
10) Conduct research; and
11) Establish committees.
Article VOfficersThe Commission shall annually elect from among its members a
chair, a vice-chair who shall not be a resident of the state
represented by
the chair, and others as approved in the Commission
bylaws. The
officers shall perform such functions and exercise
such powers as are
specified in the Commission bylaws.
Article VIMeetings and Commission AdministrationThe Commission shall meet at least once in each calendar
year, and
at such other times as may be determined by the
Commission.
Commission business shall be conducted in accordance
with the procedures and
voting rights specified in the bylaws.
Article VIIFinanceExcept as otherwise provided for, the monies necessary to
finance the
general operations of the Commission in carrying forth
its duties,
responsibilities and powers as stated herein shall be
appropriated to the
Commission by the compacting states, when
authorized by the
respective legislatures, by equal apportionment
among the compacting
states. Nothing in this compact shall be
construed to commit a member state
to participate in financing a
rail project except as provided by law of a
member state.
The Commission may accept, for any of its purposes and
functions,
donations, gifts, grants, and appropriations of money,
equipment, supplies,
materials and services from the federal
government, from any party state or
from any department, agency,
or municipality thereof, or from any institution,
person, firm, or
corporation. All expenses incurred by the
Commission in executing
the duties imposed upon it by this compact
shall be paid by the
Commission out of the funds available to it.
The Commission shall
not issue any debt instrument. The
Commission shall submit to the
officer designated by the laws of each
party state, periodically
as required by the laws of each party state, a
budget of
its
actual past and estimated future expenditures.
Article VIIIEnactment, Effective Date and
AmendmentsThe states of Illinois, Indiana, Iowa,
Kansas, Michigan,
Minnesota, Missouri,
Nebraska, North Dakota, Ohio,
South Dakota
and Wisconsin are eligible to join
this compact. Upon approval of
the Commission, according to its
bylaws, other states may also be
declared eligible to join the compact. As to
any eligible party
state, this compact shall become effective when its
legislature
shall have enacted the same into law; provided that it shall not
become initially effective until enacted into law by any three (3)
party
states incorporating the provisions of this compact into the
laws of such
states. Amendments to the compact shall become
effective upon their enactment
by the legislatures of all
compacting states.
Article IXWithdrawal, Default and TerminationWithdrawal from this compact shall be by enactment of a
statute repealing
the same and shall take effect one year after
the effective date of such
statute. A withdrawing state shall be
liable for any obligations which it may
have incurred prior to the
effective date of withdrawal.
If any compacting state shall at any time default in the
performance of any
of its obligations, assumed or imposed, in
accordance with the provisions of
this compact, all rights,
privileges and benefits conferred by this compact or
agreements
hereunder shall be suspended from the effective date of such
default as fixed by the Commission, and the Commission shall
stipulate the conditions and maximum time for compliance under
which the
defaulting state may resume its regular status. Unless
such default shall be
remedied under the stipulations and within
the time period set forth by the
Commission, this compact may be
terminated with respect to such
defaulting state by affirmative
vote of a majority of the other
Commission members. Any such
defaulting state may be reinstated,
upon vote of the Commission,
by performing all acts and obligations
as stipulated by the
Commission.
Article XConstruction and SeverabilityThe provisions of this compact entered into hereunder shall
be severable
and if any phrase, clause, sentence or provision of
this compact is declared
to be contrary to the constitution of any
compacting state or of the
United States or the applicability
thereof to any
government, agency, person or circumstance is held
invalid, the validity of
the remainder of this compact and the
applicability thereof to any government,
agency, person or
circumstance shall not be affected hereby. If this compact
entered into hereunder shall be held contrary to the constitution
of any
compacting state, the compact shall remain in full force
and effect as to the
remaining states and in full force and effect
as to the state affected as to
all severable matters. The
provisions of this compact entered into pursuant
hereto shall be
liberally construed to effectuate the purposes thereof."
Sec. 4981.361 5507.361. In pursuance of Articles II and
III of the
Midwest Interstate Passenger
Rail Compact,
as set forth in section
4981.36 5507.36 of the Revised
Code,
there shall be four members of the
commission from this state.
The governor shall appoint two members as set forth in
Article
III
of the compact. The terms of office for the
governor's appointments
shall be in accordance with Article III of
the compact.
The speaker of the house of representatives and the president
of
the senate each shall appoint one member from their respective
houses of
the general assembly to serve as a member of the
commission, but the two
appointees shall not be members of the
same political party.
Terms of office for legislative appointees
shall be in accordance with
Article III of the compact.
Any member shall continue in office subsequent to the
expiration of the member's term until a successor is appointed.
Vacancies in the commission shall be filled in the same manner as
original selections are made. Any member of the commission may be
reappointed.
Except for the purposes of Chapters 102., 2744., and 2921. of
the
Revised Code, serving as a member of the commission
does not
constitute holding a public office or position of employment under
the laws of this state and does not
constitute grounds for removal
of public officers or employees
from their offices or positions of
employment.
The governor, speaker, or president may remove a member for
whom
the governor, speaker, or president was the appointing
authority, for
misfeasance, malfeasance, or willful neglect of
duty.
Members of the commission shall serve without compensation,
but
shall be reimbursed for the reasonable expenses incurred by
them in the
discharge of their duties as members of the
commission.
Sec. 5519.01. If the director of transportation is unable
to purchase property for any purpose related to highways, roads,
or bridges, or rail authorized by Chapters 5501., 5503., 5507., 5511., 5513.,
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,
5529., 5531., 5533., and 5535. of the Revised Code, or, if the
Ohio rail development commission is unable to purchase property for
any purpose necessary for the implementation of
rail service under Chapter 4981. of the Revised Code,
the director shall issue, or the commission shall
enter on the records of the commission, a finding that it is
necessary, for the public convenience and welfare, to appropriate
such property as the director or commission considers
needed for such purposes. The finding shall contain a
definite, accurate, and detailed description of the property, and the name and
place of
residence, if known or with reasonable diligence ascertainable,
of the owner of the property appropriated. The commission shall submit to the
director a copy of its record finding that the appropriation of property is
necessary. The commission shall not proceed with the appropriation unless it
is first approved by the director.
The director or commission, in such finding, shall fix what
the director or commission considers to be the value of such
property appropriated, together with
damages to the residue, and deposit the value thereof, together with
the damages, with the probate court or the court of common
pleas of the county within which the property, or a part
thereof, is situated. The power to appropriate property for any purpose
authorized by such chapters shall be exercised in the
manner provided in sections 163.01 to 163.22 of the Revised Code.
Any instrument by which real property is acquired pursuant to this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 5703.054. (A) As used in this section:
(1) "Tax return" means any tax notice, tax report, tax return, or other tax information document required to be filed with the tax commissioner under Chapter 3734., 3769., 4301., 4303., or 4305. or Title LVII of the Revised Code.
(2) "Tax payment" means any tax payment or remittance required to be made to the tax commissioner or treasurer of state under Chapter 3734., 3769., 4301., 4303., or 4305. or Title LVII of the Revised Code.
(B) The tax commissioner shall prescribe the form that
the signature and declaration, if any, shall take on any document
required to be filed with the commissioner and on any document required
under Chapter 3734., 3769., 4303., or 4305. or Title
LVII of the
Revised Code to be filed with the
treasurer of state. The commissioner may authorize an electronic or other
alternative form of
filing of any document required to be filed with the commissioner or the
treasurer of state under Chapter 3734., 3769., 4303., or
4305. or Title LVII of the Revised
Code.
(C)(1) Subject to division (D) of this section, the tax commissioner may require that any tax return must be filed electronically in a format specified by the commissioner.
(2) Subject to division (D) of this section, the commissioner may require that any tax payment or remittance must be made electronically in a format specified by the commissioner.
(3) The commissioner may require electronic filing or electronic payment or remittance for all taxpayers or for only certain classes or groups of taxpayers. Nothing in this section requires that the commissioner concurrently exercise the authority granted under divisions (C)(1) and (2) of this section.
(4) No person shall have any right to appeal the commissioner's decision under this section to require that all taxpayers or only certain classes or groups of taxpayers file electronically or pay or remit electronically. No person shall have any right to appeal the commissioner's selection under this section of the electronic format for such filing or payment or remittance. Nothing in this division limits a person's ability to appeal any penalty imposed under this section.
(D) Divisions (C)(1) and (2) of this section apply only if either division (D)(1) or (2) of this section applies.
(1) At least two months prior to the due date of the tax return or tax payment or remittance, the tax commissioner, by mail or other similar means, shall notify the taxpayer at the taxpayer's last known address that the tax return and all subsequent tax returns must be filed electronically in the format specified by the commissioner or that the tax payment or remittance and all subsequent tax payments or remittances must be made electronically in the format specified by the commissioner; or
(2) At least four months prior to the due date of the tax return or tax payment a rule is in effect that the tax return and all subsequent tax returns must be filed electronically in the format specified by the commissioner and that the tax payment or remittance and all subsequent tax payments or remittances must be made electronically in the format specified by the commissioner.
(E)(1) If, in accordance with this section, a taxpayer is required to file electronically a tax return but submits or attempts to submit a paper purporting to be the tax return, the tax commissioner may impose and assess, in addition to all other penalties and interest penalties provided by law, a penalty of up to five hundred dollars for each such paper tax return submitted, or attempted to be submitted, to the commissioner.
(2) If, in accordance with this section, a taxpayer is required to pay or remit electronically but pays or remits in another manner, then the commissioner may impose and assess, in addition to all other penalties and interest penalties provided by law, a penalty of up to five hundred dollars for each such tax payment or remittance not made electronically.
(F)(1) The tax commissioner may extend, for a period not to exceed twenty days, the due date for any tax return that is required to be filed electronically. Such extension shall apply to all taxpayers required to file electronically, and the extension is in addition to any other extension provided by law.
(2)(a) The commissioner may extend, for a period not to exceed twenty days, the due date for any payment or remittance that is required to be remitted electronically. Such extension shall apply only to taxpayers required to pay or remit electronically under this section, and the extension is in addition to any other extension provided by law.
(b) For purposes of computing any interest, interest penalty, penalty for failure to pay, or penalty for failure to pay timely, the extended due date granted under division (F)(2)(a) of this section shall be deemed to be the actual due date.
(G) If a tax payment or remittance is required to be made electronically pursuant to this section, the tax payment or remittance is considered to be made when the payment or remittance is received by the treasurer of state or credited to an account designated by the treasurer of state for the receipt of tax payments or remittances.
(H) A tax return filed electronically pursuant to this section is considered to be filed when transmitted as prescribed by the tax commissioner.
Sec. 5703.19. (A) As used in this section, "records" includes books, memoranda, accounts, computer spreadsheets and databases, computer disks, electronically or digitally stored information, and any other medium used to store information.
(B) To carry out the purposes of the laws
that the tax commissioner is required to administer, the
commissioner or any person employed by the
commissioner for that
purpose, upon demand, may inspect books, accounts,
all or any part of the records, and
memoranda of any person or public utility subject to those laws,
and may examine under oath any officer, agent, or employee of that
person or
public utility. Any Taxpayers shall provide any record requested by the commissioner or any person employed by the commissioner. Records maintained electronically or digitally shall be provided to the commissioner on computer disk, computer tape, through electronic data transfer, or in such other form as prescribed or approved by the commissioner. Upon reasonable request, any person other than the commissioner
who makes a demand
pursuant to this section shall produce the
person's
authority to make the inspection.
(B)(C) If a person or public utility receives at least ten
days' written notice of a demand made under division (A)(B) of this
section and refuses to comply with that demand, a penalty of up to five
hundred dollars shall may be imposed upon the person or public
utility
for each day the person or public utility refuses to
comply with
the demand. Penalties The penalty imposed under this division
may be assessed
and collected in the same manner as assessments
made under Chapter
3769., 4305., 5727., 5728., 5733., 5735.,
5739., 5743., 5745.,
5747., 5749., or 5753., or sections 3734.90 to
3734.9014, of the
Revised Code the tax or fee to which the demand relates or may be billed separately by the commissioner. If the demand relates to more than one tax or fee, the commissioner may impose only one penalty for each day the person refuses to comply.
(D) A taxpayer subject to a penalty under division (C) of this section shall, within sixty days after receiving notice of the penalty, pay the penalty or file with the tax commissioner, either personally or by certified mail, a written request for reconsideration signed by the taxpayer or the taxpayer's authorized agent having knowledge of the facts.
Unless the taxpayer waives a hearing, the commissioner shall assign a time and place for a hearing on the request for reconsideration and shall notify the taxpayer of the time and place of the hearing by personal service or certified mail. The commissioner shall prepare a final determination affirming, modifying, or canceling the penalty and shall serve a copy of the final determination on the taxpayer by personal service or certified mail, and the commissioner's decision in the matter shall be final, subject to appeal as provided in section 5717.02 of the Revised Code.
Any penalty or portion of a penalty affirmed after reconsideration and appeal shall be due and payable within sixty days after issuance of the final determination or, if one or more appeals are taken in accordance with Chapter 5717. of the Revised Code, the exhaustion of all appeals. The penalty shall include interest at the rate per annum prescribed by section 5703.47 of the Revised Code from the day on which the request for reconsideration was filed until the day the penalty is paid. The commissioner shall deposit the taxpayer's remittance in the general revenue fund.
Sec. 5703.491. (A) As used in this section, "Ohio business gateway" means the online computer network system, initially created by the department of administrative services under section 125.30 of the Revised Code, that allows private businesses to electronically file business reply forms with state agencies.
(B) The centralized tax filing and payment fund is hereby created in the state treasury. The department of taxation shall administer the fund. The department shall use money allocated to the fund for modifications to the Ohio business gateway or any successor electronic filing and payment system designed to simplify filing of municipal and state tax returns and payment of amounts shown to be due on such returns.
Sec. 5703.56. (A) As used in this section:
(1) "Sham transaction" means a transaction or series of transactions without economic substance because there is no business purpose or expectation of profit other than obtaining tax benefits.
(2) "Tax" includes any tax or fee administered by the tax commissioner.
(3) "Taxpayer" includes any entity subject to a tax.
(4) "Controlled group" means two or more persons related in such a way that one person directly or indirectly owns or controls the business operation of another member of the group. In the case of persons with stock or other equity, one person owns or controls another if it directly or indirectly owns more than fifty per cent of the other person's common stock with voting rights or other equity with voting rights.
(B) The tax commissioner may disregard any sham transaction in ascertaining any taxpayer's tax liability. Except as otherwise provided in the Revised Code, with respect to transactions between members of a controlled group, the taxpayer shall bear the burden of establishing by a preponderance of the evidence that a transaction or series of transactions between the taxpayer and one or more members of the controlled group was not a sham transaction. Except as otherwise provided in the Revised Code, for all other taxpayers, the tax commissioner shall bear the burden of establishing by a preponderance of the evidence that a transaction or series of transactions was a sham transaction.
(C) In administering any tax, the tax commissioner may apply the doctrines of "economic reality," "substance over form," and "step transaction."
(D) If the commissioner disregards a sham transaction under division (B) of this section, the applicable limitation period for assessing the tax, together with applicable penalties, charges, and interest, shall be extended for a period equal to the applicable limitation period. Nothing in this division shall be construed as extending an applicable limitation period for claiming any refund of a tax.
(E) The tax commissioner may, in accordance with Chapter 119. of the Revised Code, adopt rules that are necessary to administer this section, including rules establishing criteria for identifying sham transactions.
Sec. 5703.58. (A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code.
(B) For the purposes of enforcing all laws relating to taxes and fees that the tax commissioner is responsible for administering, the tax commissioner, by journal entry, may delegate any investigation powers of the commissioner to an employee of the department of taxation who has been certified by the executive director of the Ohio peace officer training commission. Each journal entry shall be a matter of public record and shall be kept in an administrative portion of the journal maintained under division (L) of section 5703.05 of the Revised Code. When that journal entry is completed, the employee to whom it pertains, while engaged within the scope of the employee's duties in enforcing the laws that the commissioner is responsible for administering, has the power of a police officer to carry concealed weapons, make arrests, and obtain warrants for violations of those laws. The commissioner, at any time, may suspend or revoke the commissioner's delegation by journal entry.
(C) The tax commissioner shall not delegate any investigation powers to an employee of the department of taxation under division (B) of this section if the employee has been convicted of or has pleaded guilty to a felony.
(D)(1) The tax commissioner shall revoke the delegation of investigation powers to an employee to whom the delegation was made under division (B) of this section if that employee does either of the following:
(a) Pleads guilty to a felony;
(b) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement, as provided in division (D) of section 2929.29 of the Revised Code, in which the employee agrees under section 109.77 of the Revised Code to surrender the certificate awarded to that employee.
(2) The tax commissioner shall suspend the delegation of investigation powers to an employee to whom the delegation was made under division (B) of this section if that employee is convicted, after trial, of a felony. If the employee files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken, or if the employee does not file a timely appeal, the commissioner shall revoke the delegation of investigation powers to that employee. If the employee files an appeal that results in that employee's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that employee, the commissioner shall reinstate the delegation of investigation powers to that employee. The revocation, suspension, or reinstatement of the delegation of investigation powers to an employee under division (D) of this section shall be made by journal entry pursuant to division (B) of this section. An employee to whom the delegation of investigation powers is reinstated under division (D)(2) of this section shall not receive any back pay for the exercise of those investigation powers, unless that employee's conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the employee of the felony.
(3) The revocation or suspension of the delegation of investigation powers to an employee under division (D) of this section shall be in accordance with Chapter 119. of the Revised Code.
(E) Divisions (C) and (D) of this section do not apply to an offense that was committed prior to January 1, 1997.
(F) Nothing in this section limits the tax commissioner's ability to have other employees of the department of taxation conduct investigations as authorized by sections 5703.17 and 5703.19 of the Revised Code.
(G) The department of taxation shall cooperate with the attorney general, local law enforcement officials, and appropriate agencies of the federal government and other states in the investigation and prosecution of violations of all laws relating to taxes and fees administered by the tax commissioner.
Sec. 5703.80. There is hereby created in the state treasury the property tax administration fund. All money to the credit of the fund shall be used to defray the costs incurred by the department of taxation in administering the taxation of property and the equalization of real property valuation.
Each fiscal year between the first and fifteenth days of July, the tax commissioner shall compute the following amounts for the property in each taxing district in each county, and certify to the director of budget and management the sum of those amounts for all taxing districts in all counties:
(A) Three-tenths of one per cent of the total amount by which taxes charged against real property on the general tax list of real and public utility property were reduced under section 319.302 of the Revised Code for the preceding tax year;
(B) Fifteen-hundredths of one per cent of the total amount of taxes charged and payable against public utility personal property on the general tax list of real and public utility property for the preceding tax year;
(C) Seventy-five hundredths of one per cent of the total amount of taxes charged and payable against tangible personal property on the general tax list of personal property of the preceding tax year and for which returns were filed with the tax commissioner under section 5711.13 of the Revised Code.
After receiving the tax commissioner's certification, the director of budget and management shall transfer from the general revenue fund to the property tax administration fund one-fourth of the amount certified on or before each of the following days: the first days of August, November, February, and May.
On or before the thirtieth day of June of the fiscal year, the tax commissioner shall certify to the director of budget and management the sum of the amounts by which the amounts computed for a taxing district under divisions (A), (B), and (C) of this section exceeded the distributions to the taxing district under division (F) of section 321.24 of the Revised Code, and the director shall transfer that sum from the property tax administration fund to the general revenue fund.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution
to
the board of elections not less than seventy-five days before
the
election upon which it will be voted that the amount of taxes
that
may be raised within the ten-mill limitation will be
insufficient
to provide for the necessary requirements of the
subdivision and
that it is necessary to levy a tax in excess of
that limitation
for any of the following purposes:
(A) For current expenses of the subdivision, except that
the
total levy for current expenses of a detention facility
district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections
2152.41
and 2151.65 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the
subdivision under whatever law organized or authorized to be
supported;
(E) For a municipal university, not to exceed two mills
over
the limitation of one mill prescribed in section 3349.13 of
the
Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For
parks and recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources
of
water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or
firefighting
companies to operate the same, including the payment of the
firefighter employers'
contribution required under section
742.34
of
the Revised Code, or the purchase of ambulance
equipment, or
the provision of ambulance, paramedic, or other emergency
medical
services
operated by a fire department or firefighting
company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, and other equipment used directly in
the
operation of a police department, or the payment of salaries
of
permanent police personnel, including the payment of the
police
officer employers' contribution
required under section 742.33
of
the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political
subdivisions in order to obtain police protection, or the
provision of ambulance or emergency medical services operated by a
police
department;
(K) For the maintenance and operation of a county home or
detention
facility;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention facilities, forestry
camps,
or
other facilities, or any combination thereof, established under
section 2152.41 or 2151.65 of the Revised Code or both
of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants
and
facilities;
(Q) For the purpose of purchasing, acquiring,
constructing,
enlarging, improving, equipping, repairing,
maintaining, or
operating, or any combination of the foregoing, a
county transit
system pursuant to sections 306.01 to 306.13 of
the Revised Code,
or of making any payment to a board of
county commissioners
operating a transit system or a county transit
board pursuant to
section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring
or
constructing any schools, forestry camps, detention
facilities,
or
other facilities, or any combination thereof, under section
2152.41 or 2151.65 of the Revised Code or both of
those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of
garbage
or refuse, including yard waste;
(W) For the payment of the police officer
employers'
contribution or the firefighter
employers' contribution
required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services
or
facilities as authorized by section 307.694, 307.85, 505.70, or
505.706 or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1
system,
as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 5507.01 of the Revised Code. This
division
applies only to a county, township, or municipal
corporation.
(DD) For the purpose of acquiring property for,
constructing, operating, and maintaining community centers as
provided for in section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section
505.15
of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of
the
cost of constructing, maintaining, repairing, or operating a
water
supply improvement;
(HH) For a board of township trustees to acquire, other
than
by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has an ownership interest, not for purposes
of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving "greenspace" in the resolution, notice of
election,
or ballot form;
(II) For the support by a county of a crime victim
assistance program that is provided and maintained by a county
agency or a private, nonprofit corporation or association under
section 307.62 of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice
services under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail
or
other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold
agricultural
fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or
maintaining
sidewalks, walkways, trails, bicycle pathways, or
similar improvements, or
acquiring ownership interests in land
necessary for the foregoing
improvements;
(PP) For both of the purposes set forth in divisions (G)
and
(OO) of this section.
(QQ) For both of the purposes set forth in divisions (H) and
(HH) of this section. This division applies only to a township.
(RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the
Revised Code, and
to supervise and
enforce the easements.
(SS) For both of the purposes set forth in divisions (BB)
and (KK) of this section. This division applies only to a county.
The resolution shall be confined to the
purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose of that
increase in
rate, and the
number of years during which the increase in rate
shall be in
effect, which may or may not include a levy upon the
duplicate of
the current year. The number of years may be any
number not
exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following,
the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention facility
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2152.41 and 2151.65 of the Revised Code;
(b) For providing a county's share of the cost of
maintaining and operating schools, district detention
facilities,
forestry camps, or other facilities, or any combination
thereof,
established under section 2152.41 or 2151.65 of the
Revised Code
or under both of those sections.
(3) When the additional rate is for
either of the
following,
the increased rate may be for a continuing period of
time:
(a) For the purposes set forth in division (I), (J), (U),
or
(KK) of this section;
(b) For the maintenance and operation of a joint
recreation
district.
(4) When the increase is for the purpose
or purposes set
forth in
division (D), (G),
(H), (CC), or (PP) of this section,
the
tax
levy
may be for any
specified number of
years or for a
continuing
period of time, as
set forth in the
resolution.
(5) When the additional rate is for the purpose described
in
division (Z) of this section, the increased rate shall be for
any
number of years not exceeding ten.
A levy for
one of the purposes set forth in division
(G),
(I), (J), or
(U) of this section may be
reduced
pursuant to
section 5705.261 or 5705.31 of the Revised
Code. A
levy for
one
of the purposes set forth in division
(G),
(I), (J), or
(U) of
this section may
also be
terminated
or permanently reduced by the
taxing authority
if it
adopts a
resolution stating that the
continuance of the levy
is
unnecessary
and the levy shall be
terminated or that the
millage
is excessive
and the levy shall be
decreased by a
designated
amount.
A resolution of a detention facility district, a district
organized under section 2151.65 of the Revised Code, or a
combined
district organized under both sections
2152.41 and 2151.65 of the
Revised Code may include both current
expenses and
other purposes,
provided that the resolution shall apportion the
annual rate of
levy between the current expenses and the other
purpose or
purposes. The apportionment need not be the same for
each year of
the levy, but the respective portions of the rate
actually levied
each year for the current expenses and the other
purpose or
purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of
a
sewer district or subdistrict created under Chapter 6117. of
the
Revised Code, by resolution declares it necessary to levy a
tax in
excess of the ten-mill limitation for the purpose of
constructing,
improving, or extending sewage disposal plants or
sewage systems,
the tax may be in effect for any number of years
not exceeding
twenty, and the proceeds of the tax,
notwithstanding
the general
provisions of this section, may be used to pay debt
charges on any
obligations issued and outstanding on behalf of
the subdivision
for the purposes enumerated in this paragraph,
provided that any
such obligations have been specifically
described in the
resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or
5705.193
of the Revised Code.
Sec. 5707.03. Annual taxes are hereby levied on the kinds
of intangible property, enumerated in this section, on the
intangible property tax list in the office of the treasurer of
state at the following rates:
(A) On investments, five per cent of income yield or of
income as provided by section 5711.10 of the Revised Code for the
1983, 1984, and 1985 return years and no tax for subsequent
return years;
(B) On unproductive investments, two mills on the dollar
for the 1983, 1984, and 1985 return years and no tax for
subsequent return years;
(C) On deposits, one and three-eighths mills on the dollar
for the 1982 and 1983 return years and no tax for subsequent
return years;
(D) On shares of, and capital employed by, dealers in
intangibles, eight mills on the dollar through the 2003 return year and no tax for subsequent return years;
(E) On money, credits, and all other taxable intangibles,
three mills on the dollar for the 1983, 1984, and 1985 return
years and no tax for subsequent return years.
The object and distribution of such taxes shall be as
provided in section 5725.24 of the Revised Code.
Sec. 5709.01. (A) All real property in this state is
subject to taxation, except only such as is expressly exempted
therefrom.
(B) Except as provided by division (C) of this section or
otherwise expressly exempted from taxation:
(1) All personal property located and used in business in
this state, and all domestic animals kept in this state and not
used in agriculture are subject to taxation, regardless of the
residence of the owners thereof.
(2) All ships, vessels, and boats, and all shares and
interests therein, defined in section 5701.03 of the Revised Code
as personal property and belonging to persons residing in this
state, and aircraft belonging to persons residing in this state
and not used in business wholly in another state, other than
aircraft licensed in accordance with sections 4561.17 to 4561.21
of the Revised Code, are subject to taxation.
(C) The following property of the kinds mentioned in
division (B) of this section shall be exempt from taxation:
(1) Unmanufactured tobacco to the extent of the value, or
amounts, of any unpaid nonrecourse loans thereon granted by the
United States government or any agency thereof.
(2) Spirituous liquor, as defined in division (B)(5) of
section 4301.01 of the Revised Code, that is stored in warehouses
in this state pursuant to an agreement with the division of
liquor control.
(3) Except as otherwise provided in section 5711.27 or 5727.01 of the
Revised Code, all other such property if the aggregate taxable
value thereof required to be listed by the taxpayer under Chapter
5711. of the Revised Code does not exceed ten thousand dollars.
(a) If the taxable value of such property exceeds ten
thousand dollars only such property having an aggregate taxable
value of ten thousand dollars shall be exempt.
(b) If such property is located in more than one taxing
district as defined in section 5711.01 of the Revised Code, the
exemption of ten thousand dollars shall be applied as follows:
(i) The taxable value of such property in the district
having the greatest amount of such value shall be reduced until
the exemption has been fully utilized or the value has been
reduced to zero, whichever occurs first;
(ii) If the exemption has not been fully utilized under
division (C)(3)(b)(i) of this section, the value in the district
having the second greatest value shall be reduced until the
exemption has been fully utilized or the value has been reduced
to zero, whichever occurs first;
(iii) If the exemption has not been fully utilized under
division (C)(3)(b)(ii) of this section, further reductions shall
be made, in repeated steps which include property in districts
having declining values, until the exemption has been fully
utilized.
(D) All property mentioned as taxable in this section
shall be entered on the general tax list and duplicate of taxable
property.
Sec. 5709.20. As used in sections 5709.20 to 5709.27 of
the Revised Code:
(A) "Air contaminant" means particulate matter, dust,
fumes, gas, mist, smoke, vapor, or odorous substances, or any
combination thereof.
(B) "Air pollution control facility" means any property
designed, constructed, or installed for the primary purpose of
eliminating or reducing the emission of, or ground level
concentration of, air contaminants which generated at an industrial or commercial plant or site that renders air harmful or
inimical to the public health or to property within this state.
(C) "Energy conversion" means the conversion of fuel or power usage and consumption from natural gas to an alternate fuel or power source other than propane, butane, naphtha, or fuel oil; or the conversion of fuel or power usage and consumption from fuel oil to an alternate fuel or power source other than natural gas, propane, butane, or naphtha.
(D) "Energy conversion facility" means any additional property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or commercial plant or site for the primary purpose of energy conversion.
(E) "Exempt facility" means any of the facilities defined in division (B), (D), (F), (I), (K), or (L) of this section for which an exempt facility certificate is issued pursuant to section 5709.21 of the Revised Code.
(F) "Noise pollution control facility" means any property
designed, constructed, or installed in or on for use at an industrial or
commercial plant or site for the primary purpose of eliminating
or reducing, at that plant or site, the emission of sound which is harmful or inimical to
persons or property, or materially reduces the quality of the
environment, as shall be determined by the director of
environmental protection within such standards for noise
pollution control facilities and standards for environmental
noise necessary to protect public health and welfare as may be
promulgated by the United States environmental protection agency.
In the absence of such United States environmental protection
agency standards, the determination shall be made in accordance with
generally accepted current standards of good engineering practice
in environmental noise control.
Facilities (G) "Solid waste" means such unwanted residual solid or semi-solid material as results from industrial operations, including those of public utility companies, and commercial, distribution, research, agricultural, and community operations, including garbage, combustible or noncombustible, street dirt, and debris.
(H) "Solid waste energy conversion" means the conversion of solid waste into energy and the utilization of such energy for some useful purpose.
(I) "Solid waste energy conversion facility" means any property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or a commercial plant or site for the primary purpose of solid waste energy conversion.
(J) "Thermal efficiency improvement" means the recovery and use of waste heat or waste steam produced incidental to electric power generation, industrial process heat generation, lighting, refrigeration, or space heating.
(K) "Thermal efficiency improvement facility" means any property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or a commercial plant or site for the primary purpose of thermal efficiency improvement.
(L) "Industrial water pollution control facility" means any property designed, constructed, or installed for the primary purpose of collecting or conducting industrial waste to a point of disposal or treatment; reducing, controlling, or eliminating water pollution caused by industrial waste; or reducing, controlling, or eliminating the discharge into a disposal system of industrial waste or what would be industrial waste if discharged into the waters of this state. This division applies only to property related to a facility placed into operation or initially capable of operation after December 31, 1965, and installed pursuant to the approval of the environmental protection agency or any other governmental agency having authority to approve the installation of industrial water pollution control facilities. The definitions in section 6111.01 of the Revised Code, as applicable, apply to the terms used in this division.
(M) Property designed, constructed, installed, used, or
placed in operation solely primarily for the safety, health, protection, or
benefit, or any combination thereof, of personnel, or by of a
business solely for its, or primarily for a business's own benefit, are not pollution control
facilities is not an "exempt facility."
Sec. 5709.201. (A) Except as provided in division (C)(4) of section 5709.22 and division (F) of section 5709.25 of the Revised Code, a certificate issued under section 5709.21, 5709.31, 5709.46, or 6111.03 of the Revised Code that was valid and in effect on the effective date of . B. of the 125th general assembly shall continue in effect subject to the law as it existed before that effective date.
(B) Any applications pending on the effective date of that act for which a certificate had not been issued on or before that effective date under section 6111.03 of the Revised Code shall be transferred to the tax commissioner for further administering. Sections 5709.20 to 5709.27 of the Revised Code apply to such pending applications, excluding the requirement of section 5709.212 of the Revised Code that applicants must pay the one thousand dollar fee.
Sec. 5709.21. (A) As used in this section:
(1) "Exclusive property" means property that is installed, used, and necessary for the operation of an exempt facility, and that is not auxiliary property.
(2) "Auxiliary property" means property installed, used, and necessary for the operation of an exempt facility that is also used in other operations of the business other than an exempt facility purpose described in section 5709.20 of the Revised Code.
(3) "Auxiliary property exempt cost" means the cost of auxiliary property calculated using one of the following procedures:
(a) If the auxiliary property is used for an exempt facility purpose for discrete periods of time, the exempt cost shall be determined by the ratio of time the auxiliary property is in use in such exempt capacity to the total time it is in use. If it is possible to determine the exempt cost under division (A)(3)(a) of this section, the procedures set forth in divisions (A)(3)(b) and (c) of this section do not apply.
(b) If the auxiliary property replaces existing property and is necessary to allow for the proper operation of the exempt facility, the exempt cost of the auxiliary property shall be determined using the cost of the auxiliary property less the original acquisition cost of the property being replaced. If the result is less than zero, the exempt cost shall be zero.
(c) If the cost of replacement auxiliary property is less than the cost of existing auxiliary property, or if the auxiliary property is not replacing existing property and is necessary to allow for the proper operation of the exempt facility, the exempt cost of the auxiliary property shall be determined using the cost of the auxiliary property less the cost that would have been incurred if the auxiliary property was not necessary for an exempt facility purpose as described in section 5709.20 of the Revised Code. If the result is less than zero, the exempt cost shall be zero.
(d) Any cost related to an expansion of the commercial or industrial site that is not related to the operation of the exempt facility shall not be included as an auxiliary exempt cost under division (A)(3) of this section.
(B) Application for an air or noise pollution
control exempt facility certificate shall be filed with the tax commissioner in
such manner and in such form as may be prescribed by regulations
issued by the tax commissioner and. The application shall contain plans and
specifications of the structure or structures property, including all
materials incorporated and or to be incorporated therein and their associated costs, and a
descriptive list of all equipment acquired or to be acquired by
the applicant for the purpose of air or noise pollution control exempt facility and its associated cost.
If the commissioner, after obtaining the opinion of the director
of environmental protection, finds that the proposed facility property was
designed primarily for the control of air or noise pollution as
defined in section 5709.20 of the Revised Code, as an exempt facility and is suitable
and reasonably adequate for such purpose and is intended for such
purpose, he the commissioner shall enter a finding and issue a
certificate to that effect. Said certificate shall permit tax exemption
pursuant to
section 5709.25 of the Revised Code only for that portion of such
pollution control facility or that part used exclusively for air
or noise pollution control. The effective date of said
the certificate shall be the date of the making of the application
was made for such certificate or the date of the construction of the
facility, whichever is earlier; provided, that if such
application relates to facilities placed in operation or capable
of operation prior to October 2, 1969, the effective date of the
certificate shall be the date of the application.
Nothing in this section shall be construed to extend the time period to file, to keep the time period to file open, or supersede the requirement of filing a tax refund or other tax reduction request in the manner and within the time prescribed by law.
(C)(1) Except as provided in division (C)(2) of this section, the certificate shall permit tax exemption pursuant to section 5709.25 of the Revised Code only for that portion of such exempt facility that is exclusive property used for a purpose enumerated in section 5709.20 of the Revised Code.
(2) Auxiliary property shall be permitted a partial tax exemption under section 5709.25 of the Revised Code, but only to the extent allowed pursuant to division (A)(3) of this section.
(D) The tax commissioner may allow an applicant to file one application that applies to more than one exempt facility that are the same or substantially similar, so long as such facilities are located within the same county.
Sec. 5709.211. (A) Before issuing an exempt facility certificate pursuant to section 5709.21 of the Revised Code, the tax commissioner shall provide a copy of a properly completed application to, and obtain the opinion of, the director of environmental protection in the case of an exempt facility described in division (B), (F), or (L) of section 5709.20 of the Revised Code, or provide a copy of the application to, and obtain the opinion of, the director of development in the case of an application for an exempt facility described in division (D), (I), or (K) of section 5709.20 of the Revised Code. The opinion shall provide the commissioner with a recommendation of whether the property is primarily designed, constructed, installed, and used as an exempt facility. The applicant shall provide additional information upon request by the tax commissioner, the director of environmental protection, or the director of development, and allow them to inspect the property listed in the application for the purposes of sections 5709.20 to 5709.27 of the Revised Code. The tax commissioner shall provide to the applicant a copy of the opinion issued by either the director of environmental protection or the director of the department of development.
(B) The opinions of the director of the environmental protection agency and the director of development are not final actions or orders subject to appeal.
Sec. 5709.212. (A) With every application for an exempt facility certificate filed pursuant to section 5709.21 of the Revised Code, the applicant shall pay a fee in the amount of one thousand dollars. One-half of the fee received with applications for exempt facility certificates shall be credited to the exempt facility administrative fund, which is hereby created in the state treasury, for appropriation to the department of taxation for use in administering sections 5709.20 to 5709.27 of the Revised Code. If the director of environmental protection is required to provide the opinion for an application, one-half of the fee shall be credited to the clean air fund created in section 3704.035 of the Revised Code for use in administering section 5709.211 of the Revised Code, unless the application is for an industrial water pollution control facility. If the application is for an industrial water pollution control facility, one-half of the fee shall be credited to the surface water protection fund created in section 6111.038 of the Revised Code for use in administering section 5709.211 of the Revised Code. If the director of development is required to provide the opinion for an application, one-half of the fee for each exempt facility application shall be credited to the exempt facility inspection fund, which is hereby created in the state treasury, for appropriation to the department of development for use in administering section 5709.211 of the Revised Code.
An applicant is not entitled to any tax exemption under section 5709.25 of the Revised Code until the fee required by this section is paid. The fee required by this section is not refundable, and is due with the application for an exempt facility certificate even if an exempt facility certificate ultimately is not issued or is withdrawn. Any application submitted without payment of the fee shall be deemed incomplete until the fee is paid.
(B) The application fee imposed under division (A) of this section for a jointly owned facility shall be one thousand dollars for each facility that is the subject of the application.
Sec. 5709.22. Before issuing any certificate the tax
commissioner shall give notice in writing by mail to the auditor
of the county in which such facilities are located, and shall
afford to the applicant and to the auditor an opportunity for a
hearing. On like notice to the applicant and opportunity for a
hearing, the commissioner shall on his (A) After receiving an opinion from the director of environmental protection or the director of development, the tax commissioner shall promptly ascertain if an application filed under section 5709.21 of the Revised Code shall be allowed or disallowed in whole or in part. The commissioner shall give written notice of the proposed finding to the applicant and the county auditor of the county in which the facility described in the application is located. Within sixty days after sending written notice of the proposed finding, the applicant or the county auditor may file a request for reconsideration, in writing, to the commissioner and may request that the commissioner conduct a hearing on the application. If no request for reconsideration is filed, the commissioner's proposed findings shall be final and, if applicable, the commissioner shall issue an exempt facility certificate, which shall not be subject to appeal pursuant to section 5717.02 of the Revised Code.
(B) If a reconsideration of the tax commissioner's proposed finding is requested by the applicant or the county auditor, the commissioner shall notify the applicant and the auditor of the time and place of the hearing, which the commissioner may continue from time to time as the commissioner finds necessary. The commissioner also shall notify the environmental protection agency or department of development, as applicable, of the hearing. The environmental protection agency or the department of development shall participate in the hearing if requested in writing by the commissioner, the applicant, or the county auditor. After conducting the hearing, the commissioner shall issue a final determination, with a copy of it served on the applicant and applicable county auditors in the manner prescribed by section 5703.37 of the Revised Code. The final determination is subject to appeal pursuant to section 5717.02 of the Revised Code. Once all appeals are exhausted, the commissioner shall issue, if applicable, the exempt facility certificate based on the outcome of the appeal.
(C) The tax commissioner, on the commissioner's own
initiative or on
complaint by the county auditor of the any county in which any
property to which such air or noise pollution control the exempt facility certificate
relates is located, shall revoke such air or noise pollution control
certificate whenever any of the following appears the certificate, or modify it by restricting its operation, if it appears to the commissioner that any of the following has occurred:
(A)(1) The certificate was obtained by fraud or
misrepresentation;
(B)(2) The holder of the certificate has failed substantially
to proceed with the construction, reconstruction, installation,
or acquisition of air or noise pollution control facilities an exempt facility;
(C)(3) The structure or equipment or both property to which the
certificate relates has ceased to be used for the primary purpose
of pollution control and is being used for a different purpose.
Provided, that where the circumstances so require, the
commissioner in lieu of revoking such certificate may modify the
same by restricting its operations as an exempt facility;
(4) The tax commissioner issued the certificate in error. As used in this section, "error" means a clerical or mathematical mistake, or when the tax commissioner determines that the issuance of the certificate may have been improper as the result of a final adjudication by the board of tax appeals, or by a court with jurisdiction on appeal from that board, that is adverse to the original exempt status of the facility, regardless of whether the holder of the certificate was a party to such adjudication.
On the mailing of notice of the action of the commissioner
revoking or modifying an air or noise pollution control
certificate as provided in section 5709.23 of the Revised Code,
such (D) Upon service of notice certificate to the holder of an exempt facility certificate, in the manner provided in section 5703.37 of the Revised Code, of the tax commissioner's revocation or modification of the certificate under division (C) of this section, the certificate shall cease to be in force or shall remain in
force only as modified, as the case may require. The notice is subject to appeal under section 5717.02 of the Revised Code. Once all appeals are exhausted, the commissioner shall issue a modified certificate, if applicable, and the holder of the certificate shall be allowed to claim a refund within one hundred eighty days, notwithstanding any other time limitation provided by law of the taxes paid as a result of the certificate being revoked or modified.
Sec. 5709.23. (A) As soon as is practicable after receiving an application for an exempt facility certificate, the tax commissioner shall provide a copy of the application and any accompanying documentation to the county auditor of the county in which the facility is located. The copy shall be accompanied by a statement showing an estimate of what the assessed value of the facility would be, based on the appropriate assessment percentage, if the facility were to be taxable, and an estimate of the taxes that would be chargeable against the facility computed on the basis of the rate of taxation in the taxing district in the year in which the application is received. Within sixty days after receiving such a statement, the county auditor shall issue a notice to the taxing authority of each taxing unit in which the facility is or is to be located. The notice shall state that an application for an exempt facility certificate has been filed for the facility; the estimated assessed value of the facility shown on the statement; the annual amount of taxes that would be charged and payable on that value at the current rate of taxation in effect in the taxing unit; and that, if approved, the application entitles the facility to exemption from taxation and the taxing unit may be required to refund any taxes on the facility accruing after the certificate becomes effective. The tax commissioner shall issue an amended statement if, after the original statement is issued, the estimate of such assessed value increases or decreases by more than ten per cent of the estimated value shown on the most recently issued statement or amended statement, and the county auditor shall issue an amended notice reflecting such change.
(B) Upon request by the county auditor of the county in which the exempt facility described in the application is located, the tax commissioner shall provide the county auditor with any documents submitted with the opinion of the director of environmental protection or director of development, including a copy of opinion.
(C) Any documents, statements, and notices provided for under this section are solely for the purpose of notifying taxing authorities of the existence of an exempt facility application and the potential for a refund of taxes paid on an exempt facility before a tax exemption certificate is issued. Such documents, statements and notices do not constitute an assessment that is subject to a petition for reassessment nor are such documents, statements, and notices appealable under section 5717.02 of the Revised Code by any person.
(D) The documents, statements and notices provided by the tax commissioner under this section are subject to all applicable confidentiality provisions of law.
Sec. 5709.24. The tax commissioner may adopt rules to administer sections 5709.20 to 5709.27 of the Revised Code.
Sec. 5709.25. (A) Whenever an air or noise pollution
control exempt facility certificate is issued on a pollution control facility,
the transfer of tangible personal property to the holder of the
certificate, whether such transfer takes place before or after
the issuance of the certificate, shall not be considered a "sale"
of such tangible personal property for the purpose of the sales
tax, or a "use" for the purpose of the use tax, if the tangible
personal property is to be or was a material or part to be
incorporated into an air or noise pollution control exempt facility as
defined in section 5709.20 of the Revised Code.
(B) For the period subsequent to the effective date of an
air or noise pollution control exempt facility certificate and continuing for so long
as the certificate is in force, no pollution control exempt facility or
certified portion thereof shall be considered to be either of the following:
(1) An improvement on the land on which the same exempt facility is
located for the purpose of real property taxation;
(2) As "used in business" for the purpose of personal
property taxation;
(3) As an asset of any corporation in determining the
value of its issued and outstanding shares or the value of the
property owned and used by it in this state for the purpose of
the franchise tax.
(C)(1) The tax commissioner, upon receiving a properly completed application for an exempt facility certificate, may allow the applicant to claim the exemption provided by this section before the commissioner issues the certificate. The applicant is entitled to the exemption unless the commissioner notifies the applicant otherwise by serving notice upon the applicant in the manner prescribed by section 5703.37 of the Revised Code.
(2) A taxpayer whose tangible personal property is subject to taxation under Chapter 5727. of the Revised Code shall notify the commissioner in writing of any property the applicant does not want the commissioner to exclude as exempt property. The notice shall be provided before the date the commissioner issues the preliminary assessment under section 5727.23 of the Revised Code.
(D)(1) Notwithstanding any other time limitations imposed by law, the commissioner may assess any additional tax or may assess any additional taxable property, including any applicable interest, on the denied portion of the applicant's claim for an exempt facility that the applicant claimed prior to the exempt facility certificate being issued or the application being denied. Any time after two years from the filing of the application, the applicant may demand in writing that the commissioner, within ninety days after the demand is received, issue findings with regard to the application as provided in section 5709.22 of the Revised Code even if the commissioner has not received an opinion of exemption pursuant to section 5709.211 of the Revised Code. No assessment shall be made pursuant to this division after one hundred eighty days from the date the commissioner mails the exempt facility certificate or notice of the denial of the exempt facility certificate pursuant to section 5709.22 of the Revised Code. Nothing in this section shall prohibit an assessment that otherwise may be timely made by law.
(2) Assessments issued pursuant to division (D)(1) of this section shall be issued as amended preliminary assessment certificates under section 5711.31 of the Revised Code for personal property tax, as amended preliminary assessment certificates under section 5727.23 of the Revised Code for public utility tax, and as assessments under section 5733.11 of the Revised Code for corporation franchise tax, section 5739.13 of the Revised Code for sales tax, and section 5741.11 of the Revised Code for use tax, and are subject to the same appeal requirements as defined in these sections.
(3) Nothing in division (D) of this section allows the tax commissioner, after the expiration of the time limitation, to issue an assessment referenced in division (D)(2) of this section that increases any tax beyond the amount claimed by the applicant as an exempt facility.
(4) If an assessment is issued for only the denied portion of the application for an exempt facility, the only issue the applicant is permitted to raise on appeal of the assessment referenced in division (D)(2) of this section is that of the taxable property or transaction constituting the denied portion of the applicant's claim for an exempt facility.
(E) Except as otherwise provided in this division, no exemption for additional property shall be claimed under this section after an exempt facility certificate has been issued for that facility unless the applicant files a new application under section 5709.21 of the Revised Code. The tax commissioner shall waive the requirement to file a new application under section 5709.21 of the Revised Code if the cost of the additional property, net of retirements for similar property, does not exceed five hundred thousand dollars during any calendar year. The fee imposed under section 5709.212 of the Revised Code for applications filed as a result of this division shall be five hundred dollars.
(F) If, as the result of a revaluation due to sale or bankruptcy or any other reason, the book value of property that is the subject of an exempt facility certificate is changed from the book value at the time of the original issuance of the certificate, the amount of exemption available to the owner is limited to the percentage resulting from the ratio of the historical cost of the property that is the subject of the exempt facility certificate over the historic cost of all tangible personal property and real property of the owner that is located at the same location as that of the property subject to the exempt facility certificate. If the result of using this ratio is greater than the original cost, then acceptable reasons for allowing such greater cost must be established with supporting documentation in order to qualify for the exemption above the original cost.
Sec. 5709.26. When an air or noise pollution control exempt facility certificate is revoked
because obtained by fraud or misrepresentation or modified for the reason stated in division (C)(1) of section 5709.22 of the Revised Code, all taxes which that would have
been
payable had no certificate been issued shall be assessed with maximum
penalties
and interest prescribed by law applicable thereto dating to when the exemption was first allowed. If the certificate is revoked or modified under division (C)(2), (3), or (4) of section 5709.22 of the Revised Code, all taxes that would have been payable had no certificate been issued for those tax years that are open by operation of law are subject to assessment.
Sec. 5709.27. In the event of the sale, lease, or other transfer of an air or
noise pollution control exempt facility, not involving a different location or use,
the holder of an air or noise pollution control the exempt facility certificate for such facility
may shall transfer the certificate by written instrument to the person who, except
for the transfer of the certificate, would be obligated to pay taxes on such
the facility. The transferee shall become the holder of the certificate and shall
have all the rights to exemption from taxes which were granted to the former
holder or holders, effective as of the date of transfer of the facility or the
date of transfer of the certificate, whichever is earlier. The transferee
shall promptly give written notice of the effective date of the transfer, together with
a copy of the instrument of transfer, to the tax commissioner and the county
auditor of the county in which the facility is located. Upon request, the commissioner may provide the transferee with any information the commissioner possesses related to the issuance of the exempt facility certificate.
Sec. 5709.62. (A) In any municipal corporation that is
defined by the United States office of management and budget as a
central city of a metropolitan statistical area, the legislative
authority of the municipal corporation may designate one or more
areas within its municipal corporation as proposed enterprise
zones. Upon designating an area, the legislative authority shall
petition the director of development for certification of the
area as having the characteristics set forth in division (A)(1)
of section 5709.61 of the Revised Code as amended by Substitute
Senate Bill No. 19 of the 120th general assembly. Except as
otherwise provided in division (E) of this section, on and after
July 1, 1994, legislative authorities shall not enter into
agreements under this section unless the legislative authority
has petitioned the director and the director has certified the
zone under this section as amended by that act; however, all
agreements entered into under this section as it existed prior to
July 1, 1994, and the incentives granted under those agreements
shall remain in effect for the period agreed to under those
agreements. Within sixty days after receiving such a petition,
the director shall determine whether the area has the
characteristics set forth in division (A)(1) of section 5709.61
of the Revised Code, and shall forward the findings to
the
legislative authority of the municipal corporation. If the
director certifies the area as having those characteristics, and
thereby certifies it as a zone, the legislative authority may
enter into an agreement with an enterprise under division (C) of
this section.
(B) Any enterprise that wishes to enter into an agreement
with a municipal corporation under division (C) of this section
shall submit a proposal to the legislative authority of the
municipal corporation on a form prescribed by the director of
development, together with the application fee established under
section 5709.68 of the Revised Code. The form shall require the
following information:
(1) An estimate of the number of new employees whom the
enterprise intends to hire, or of the number of employees whom
the enterprise intends to retain, within the zone at a facility
that is a project site, and an estimate of the amount of payroll
of the enterprise attributable to these employees;
(2) An estimate of the amount to be invested by the
enterprise to establish, expand, renovate, or occupy a facility,
including investment in new buildings, additions or improvements
to existing buildings, machinery, equipment, furniture, fixtures,
and inventory;
(3) A listing of the enterprise's current investment, if
any, in a facility as of the date of the proposal's submission.
The enterprise shall review and update the listings
required under this division to reflect material changes, and any
agreement entered into under division (C) of this section shall
set forth final estimates and listings as of the time the
agreement is entered into. The legislative authority may, on a
separate form and at any time, require any additional information
necessary to determine whether an enterprise is in compliance
with an agreement and to collect the information required to be
reported under section 5709.68 of the Revised Code.
(C) Upon receipt and investigation of a proposal under
division (B) of this section, if the legislative authority finds
that the enterprise submitting the proposal is qualified by
financial responsibility and business experience to create and
preserve employment opportunities in the zone and improve the
economic climate of the municipal corporation, the legislative
authority, on or before June 30, 2004
October 15, 2009, may do one
of the following:
(1) Enter into an agreement with the enterprise under
which the enterprise agrees to establish, expand, renovate, or
occupy a facility and hire new employees, or preserve employment
opportunities for existing employees, in return for one or more
of the following incentives:
(a) Exemption for a specified number of years, not to
exceed ten, of a specified portion, up to seventy-five per cent,
of the assessed value of tangible personal property first used in
business at the project site as a result of the agreement. An
exemption granted pursuant to this division applies to inventory
required to be listed pursuant to sections 5711.15 and 5711.16 of
the Revised Code, except that, in the instance of an expansion or
other situations in which an enterprise was in business at the
facility prior to the establishment of the zone, the inventory
that is exempt is that amount or value of inventory in excess of
the amount or value of inventory required to be listed in the
personal property tax return of the enterprise in the return for
the tax year in which the agreement is entered into.
(b) Exemption for a specified number of years, not to
exceed ten, of a specified portion, up to seventy-five per cent,
of the increase in the assessed valuation of real property
constituting the project site subsequent to formal approval of
the agreement by the legislative authority;
(c) Provision for a specified number of years, not to
exceed ten, of any optional services or assistance that the
municipal corporation is authorized to provide with regard to the
project site.
(2) Enter into an agreement under which the enterprise agrees to
remediate an environmentally contaminated facility, to spend an
amount equal to at least two hundred fifty per cent of the true
value in money of the real property of the facility prior to
remediation as determined for the purposes of property taxation
to establish, expand, renovate, or occupy the remediated
facility, and to hire new employees or preserve employment
opportunities for existing employees at the remediated facility,
in return for one or more of the following incentives:
(a) Exemption for a specified number of years, not to
exceed ten, of a specified portion, not to exceed fifty per cent,
of the assessed valuation of the real property of the facility
prior to remediation;
(b) Exemption for a specified number of years, not to
exceed ten, of a specified portion, not to exceed one hundred per
cent, of the increase in the assessed valuation of the real
property of the facility during or after remediation;
(c) The incentive under division (C)(1)(a) of this
section, except that the percentage of the assessed value of such
property exempted from taxation shall not exceed one hundred per
cent;
(d) The incentive under division (C)(1)(c) of this
section.
(3) Enter into an agreement with an enterprise that plans
to purchase and operate a large manufacturing facility that has
ceased operation or announced its intention to cease operation,
in return for exemption for a specified number of years, not to
exceed ten, of a specified portion, up to one hundred per cent,
of the assessed value of tangible personal property used in
business at the project site as a result of the agreement, or of
the assessed valuation of real property constituting the project
site, or both.
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this
section, the portion of the assessed value of tangible personal
property or of the increase in the assessed valuation of real
property exempted from taxation under those divisions may exceed
seventy-five per cent in any year for which that portion is
exempted if the average percentage exempted for all years in
which the agreement is in effect does not exceed sixty per cent,
or if the board of education of the city, local, or exempted
village school district within the territory of which the
property is or will be located approves a percentage in excess of
seventy-five per cent. For the purpose of obtaining such
approval, the legislative authority shall deliver to the board of
education a notice not later than forty-five days prior to
approving the agreement, excluding Saturdays, Sundays, and
legal holidays as defined in section 1.14 of the Revised Code. The notice shall state
the percentage to be exempted, an
estimate of the true value of the property to be exempted, and
the number of years the property is to be exempted. The board of
education, by resolution adopted by a majority of the board,
shall approve or disapprove the agreement and certify a copy of
the resolution to the legislative authority not later than
fourteen days prior to the date stipulated by the legislative
authority as the date upon which approval of the agreement is to
be formally considered by the legislative authority. The board
of education may include in the resolution conditions under which
the board would approve the agreement, including the execution of
an agreement to compensate the school district under division (B)
of section 5709.82 of the Revised Code. The legislative
authority may approve the agreement at any time after the board
of education certifies its resolution approving the agreement to
the legislative authority, or, if the board approves the
agreement conditionally, at any time after the conditions are
agreed to by the board and the legislative authority.
If a board of education has adopted a resolution waiving
its right to approve agreements and the resolution
remains in effect, approval of an agreement by the
board is not required under this division. If a board of
education has adopted a resolution allowing a legislative
authority to deliver the notice required under this division
fewer than forty-five business days prior to the legislative
authority's approval of the agreement, the legislative
authority shall deliver the notice to the board not later than
the number of days prior to such approval as prescribed by the
board in its resolution. If a board of education adopts a
resolution waiving its right to approve agreements or shortening
the notification period, the board shall certify a copy of the
resolution to the legislative authority. If the board of
education rescinds such a resolution, it shall certify notice of
the rescission to the legislative authority.
(2) The legislative authority shall comply with section
5709.83 of the Revised
Code unless the board of
education has adopted a resolution under that section waiving
its right to receive such notice.
(E) This division applies to zones certified by the
director of development under this section prior to July
22,
1994.
On or before June 30, 2004 October 15, 2009,
the legislative authority
that designated a zone to which this division applies may enter
into an agreement with an enterprise if the legislative authority
makes the finding required under that division and determines
that the enterprise satisfies one of the criteria described in
divisions (E)(1) to (5) of this section:
(1) The enterprise currently has no operations in this
state and, subject to approval of the agreement, intends to
establish operations in the zone;
(2) The enterprise currently has operations in this state
and, subject to approval of the agreement, intends to establish
operations at a new location in the zone that would not result in
a reduction in the number of employee positions at any of the
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in another
state, to the zone;
(4) The enterprise, subject to approval of the agreement,
intends to expand operations at an existing site in the zone that
the enterprise currently operates;
(5) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in this state,
to the zone, and the director of development has issued a waiver
for the enterprise under division (B) of section 5709.633 of the
Revised Code.
The agreement shall require the enterprise to agree to
establish, expand, renovate, or occupy a facility in the zone and
hire new employees, or preserve employment opportunities for
existing employees, in return for one or more of the incentives
described in division (C) of this section.
(F) All agreements entered into under this section shall
be in the form prescribed under section 5709.631 of the Revised
Code. After an agreement is entered into under this division, if
the legislative authority revokes its designation of a zone, or
if the director of development revokes the zone's certification,
any entitlements granted under the agreement shall continue for
the number of years specified in the agreement.
(G) Except as otherwise provided in this division, an
agreement entered into under this section shall require that the
enterprise pay an annual fee equal to the greater of one per cent
of the dollar value of incentives offered under the agreement or
five hundred dollars; provided, however, that if the value of the
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee
shall be payable to the legislative authority once per year for
each year the agreement is effective on the days and in the form
specified in the agreement. Fees paid shall be deposited in a
special fund created for such purpose by the legislative
authority and shall be used by the legislative authority
exclusively for the purpose of complying with section 5709.68 of
the Revised Code and by the tax incentive review council created
under section 5709.85 of the Revised Code exclusively for the
purposes of performing the duties prescribed under that section.
The legislative authority may waive or reduce the amount of the
fee charged against an enterprise, but such a waiver or reduction
does not affect the obligations of the legislative authority or
the tax incentive review council to comply with section 5709.68
or 5709.85 of the Revised Code.
(H) When an agreement is entered into pursuant to this
section, the legislative authority authorizing the agreement
shall forward a copy of the agreement to the director of
development and to the tax commissioner within fifteen days after
the agreement is entered into. If any agreement includes terms not
provided for in section 5709.631 of the Revised Code
affecting the revenue of a city, local, or exempted
village school district or causing revenue to be foregone by the district,
including any compensation to be paid to the school district pursuant to
section
5709.82 of the Revised Code, those terms also shall be forwarded
in writing to the director of development along with the copy of the
agreement forwarded under this division.
(I) After an agreement is entered into, the enterprise
shall file
with each personal property tax return required to be
filed, or annual report required to be filed under section 5727.08 of the
Revised Code, while the agreement is in effect, an informational return,
on a form prescribed by the tax commissioner for that purpose,
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement.
(J) Enterprises may agree to give preference to residents
of the zone within which the agreement applies relative to
residents of this state who do not reside in the zone when hiring
new employees under the agreement.
(K) An agreement entered into under this section may
include a provision requiring the enterprise to create one or
more temporary internship positions for students enrolled in a
course of study at a school or other educational institution in
the vicinity, and to create a scholarship or provide another form
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the
enterprise at the completion of the internship.
Sec. 5709.63. (A) With the consent of the legislative
authority of each affected municipal corporation or of a board of
township trustees, a board of county commissioners may, in the
manner set forth in section 5709.62 of the Revised Code,
designate one or more areas in one or more municipal corporations
or in unincorporated areas of the county as proposed
enterprise zones. A board of county commissioners
may designate no more than one area within a township, or within
adjacent townships, as a proposed enterprise zone. The board shall
petition the director of development for certification of the
area as having the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute Senate Bill No.
19 of the 120th general assembly. Except as otherwise provided in division
(D) of this section, on and after July 1, 1994, boards of county commissioners
shall not enter into agreements under this section unless the board has
petitioned the director and the director has certified the zone under this
section as amended by that act; however, all agreements entered into under
this section as it existed prior to July 1, 1994, and the incentives granted
under those agreements shall remain in effect for the period agreed to under
those agreements. The director shall make the
determination in the manner provided under section 5709.62 of the
Revised Code. Any enterprise wishing to enter into an agreement
with the board under division (B) or (D) of this section shall submit a
proposal to the
board on the form and accompanied by the application fee prescribed under
division (B) of section
5709.62 of the Revised Code. The enterprise shall review and update the
estimates and listings required by the form in the manner
required under that division. The board may, on a separate form
and at any time, require any additional information necessary to
determine whether an enterprise is in compliance with an
agreement and to collect the information required to be reported under section
5709.68 of the Revised Code.
(B) If the board of county commissioners finds that an
enterprise submitting a proposal is qualified by financial
responsibility and business experience to create and preserve
employment opportunities in the zone and to improve the economic
climate of the municipal corporation or municipal corporations or
the unincorporated areas in which the zone is located and to
which the proposal applies, the board, on or before June 30, 2004
October 15, 2009, and with the consent of the
legislative authority
of each
affected municipal corporation or of the board of township
trustees may do either of the following:
(1) Enter into an agreement with the enterprise under
which the enterprise agrees to establish, expand, renovate, or
occupy a facility in the zone and hire new employees, or preserve
employment opportunities for existing employees, in return for
the following incentives:
(a) When the facility is located in a municipal
corporation, the board may enter into an agreement for one or
more of the incentives provided in division (C) of section
5709.62 of the Revised Code, subject to division (D) of that section;
(b) When the facility is located in an unincorporated
area, the board may enter into an agreement for one or more of
the following incentives:
(i) Exemption for a specified number of years, not to
exceed ten, of a specified portion, up to sixty per cent,
of the assessed value of tangible personal property first used in business at
a project
site as a result of the agreement. An exemption granted pursuant
to this division applies to inventory required to be listed
pursuant to sections 5711.15 and 5711.16 of the Revised Code,
except, in the instance of an expansion or other situations in
which an enterprise was in business at the facility prior to the
establishment of the zone, the inventory that is exempt is that
amount or value of inventory in excess of the amount or value of
inventory required to be listed in the personal property tax
return of the enterprise in the return for the tax year in which
the agreement is entered into.
(ii) Exemption for a specified number of years, not to
exceed ten, of a specified portion, up to sixty per cent,
of the increase in the assessed valuation of real property constituting the
project site subsequent to formal approval of the agreement by the board;
(iii) Provision for a specified number of years, not to
exceed ten, of any optional services or assistance the board is
authorized to provide with regard to the project site;
(iv) The incentive described in division (C)(2) of section 5709.62 of the
Revised Code.
(2) Enter into an agreement with an enterprise that plans
to purchase and operate a large manufacturing facility that has
ceased operation or has announced its intention to cease
operation, in return for exemption for a specified number of
years, not to exceed ten, of a specified portion, up to one
hundred per cent, of tangible personal property used in business
at the project site as a result of the agreement, or of real
property constituting the project site, or both.
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of this
section,
the
portion of the assessed value of tangible personal property or of the increase
in the assessed valuation of real property exempted from taxation under those
divisions may exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in which the
agreement is in effect does not exceed fifty per cent, or if the board of
education of the city, local, or exempted village school district within the
territory of which the property is or will be located approves a percentage in
excess of sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a notice
not later than forty-five days prior to approving
the
agreement, excluding Saturdays,
Sundays, and legal holidays as defined in
section 1.14 of the Revised
Code. The notice shall
state the
percentage to be exempted, an estimate of the true value of the property to be
exempted, and the number of years the property is to be exempted. The board
of education, by resolution adopted by a majority of the board, shall approve
or disapprove the agreement and certify a copy of the resolution to the board
of commissioners not later than fourteen days prior to the date stipulated by
the board of commissioners as the date upon which approval of the agreement is
to be formally considered by the board of commissioners. The board of
education may include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to compensate
the school district under division (B) of section 5709.82 of the Revised Code.
The board of
county commissioners may approve the agreement at any time after
the board of education certifies its resolution approving the
agreement to the board of county commissioners, or, if the board
of education approves the agreement conditionally, at any time
after the conditions are agreed to by the board of education and
the board of county commissioners.
If a board of education has adopted a resolution waiving
its right to approve agreements and the resolution
remains in effect, approval of an agreement by the
board of education is not required under division (C) of this
section. If a board of
education has adopted a resolution allowing a board of county commissioners to
deliver the notice required under this division
fewer than forty-five business days prior to approval
of the agreement by the board of county commissioners, the board of county
commissioners shall deliver the notice to the board of education not later
than
the number of days prior to such approval as prescribed by the
board of education in its resolution. If a board of education adopts a
resolution waiving its right to approve agreements or shortening
the notification period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of
education rescinds such a resolution, it shall certify notice of
the rescission to the board of county commissioners.
(2) The board of county commissioners shall comply with section
5709.83 of the Revised
Code unless the board of
education has adopted a resolution under that section waiving
its right to receive such notice.
(D) This division applies to zones certified by the director of development
under this section prior to
July 22, 1994.
On or before
June 30, 2004 October 15, 2009, and with the consent of
the legislative
authority of each affected municipal corporation or board of township trustees
of each affected township, the board of commissioners that designated a zone
to which this division applies may enter into an agreement with an enterprise
if the board makes the finding required under that division and determines
that the enterprise satisfies one of the criteria described in divisions
(D)(1) to (5) of this section:
(1) The enterprise currently has no operations in this state and, subject to
approval of the agreement, intends to establish operations in the zone;
(2) The enterprise currently has operations in this state and, subject to
approval of the agreement, intends to establish operations at a new location
in the zone that would not result in a reduction in the number of employee
positions at any of the enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, intends to relocate
operations, currently located in another state, to the zone;
(4) The enterprise, subject to approval of the agreement, intends to expand
operations at an existing site in the zone that the enterprise currently
operates;
(5) The enterprise, subject to approval of the agreement, intends to relocate
operations, currently located in this state, to the zone, and the director of
development has issued a waiver for the enterprise under division (B) of
section 5709.633 of the Revised Code.
The agreement shall require the enterprise to agree to establish, expand,
renovate, or occupy a facility in the zone and hire new employees, or preserve
employment opportunities for existing employees, in return for one or more of
the incentives described in division (B) of this section.
(E) All agreements entered into under this section shall be in the form
prescribed under section 5709.631 of the Revised Code. After an agreement
under this section is entered into, if the board of county commissioners
revokes its designation of the zone, or if the director of development revokes
the zone's certification, any entitlements granted under the agreement shall
continue for the number of years specified in the agreement.
(F) Except as otherwise provided in this paragraph, an agreement entered into
under this section shall require that the enterprise pay an annual fee equal
to the greater of one per cent of the dollar value of incentives offered under
the agreement or five hundred dollars; provided, however, that if the value of
the incentives exceeds two hundred fifty thousand dollars, the fee shall not
exceed two thousand five hundred dollars. The fee shall be payable to the
board of commissioners once per year for each year the agreement is effective
on the days and in the form specified in the agreement. Fees paid shall be
deposited in a special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with section
5709.68 of the Revised Code and by the tax incentive review council created
under section 5709.85 of the Revised Code exclusively for the purposes of
performing the duties prescribed under that section. The board may waive or
reduce the amount of the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax incentive
review council to comply with section 5709.68 or 5709.85 of the Revised Code,
respectively.
(G) With the approval of the legislative authority of a municipal corporation
or the board of township trustees of a township in which a zone is designated
under division (A) of this section, the board of county commissioners may
delegate to that legislative authority or board any powers and duties of the
board to negotiate and administer agreements with regard to that zone under
this section.
(H) When an agreement is entered into pursuant to this section, the
legislative authority authorizing the agreement shall forward a copy of the
agreement to the director of development and to the tax commissioner within
fifteen days after the agreement is entered into. If any agreement
includes terms not provided for in section 5709.631 of the Revised Code
affecting the revenue of a city, local, or exempted
village school district or causing revenue to be foregone by the district,
including any compensation to be paid to the school district pursuant to
section
5709.82 of the Revised Code, those terms also shall be forwarded
in writing to the director of development along with the copy of the
agreement forwarded under this division.
(I) After an agreement is entered into, the enterprise shall file with each
personal property tax return required to be filed, or annual report that is
required to be filed under section 5727.08 of the Revised Code, while the
agreement is in
effect, an informational return, on a form prescribed by the tax commissioner
for that purpose, setting forth separately the property, and related costs and
values, exempted from taxation under the agreement.
(J) Enterprises may agree to give preference to residents of the zone within
which the agreement applies relative to residents of this state who do not
reside in the zone when hiring new employees under the agreement.
(K) An agreement entered into under this section may include a provision
requiring the enterprise to create one or more temporary internship positions
for students enrolled in a course of study at a school or other educational
institution in the vicinity, and to create a scholarship or provide another
form of educational financial assistance for students holding such a position
in exchange for the student's commitment to work for the enterprise at the
completion of the internship.
Sec. 5709.632. (A)(1) The legislative authority of a
municipal corporation defined by the United States office of
management and budget as a central city of a metropolitan
statistical area may, in the manner set forth in section 5709.62
of the Revised Code, designate one or more areas in the municipal
corporation as a proposed enterprise zone.
(2) With the consent of the legislative authority of each
affected municipal corporation or of a board of township
trustees, a board of county commissioners may, in the manner set
forth in section 5709.62 of the Revised Code, designate one or
more areas in one or more municipal corporations or in
unincorporated areas of the county as proposed urban jobs and
enterprise zones, except that a board of county commissioners may
designate no more than one area within a township, or within
adjacent townships, as a proposed urban jobs and enterprise zone.
(3) The legislative authority or board of county
commissioners may petition the director of development for
certification of the area as having the characteristics set forth
in division (A)(3) of section 5709.61 of the Revised Code.
Within sixty days after receiving such a petition, the director
shall determine whether the area has the characteristics set
forth in that division and forward the findings to the
legislative authority or board of county commissioners. If the
director certifies the area as having those characteristics and
thereby certifies it as a zone, the legislative authority or
board may enter into agreements with enterprises under division
(B) of this section. Any enterprise wishing to enter into an
agreement with a legislative authority or board of commissioners
under this section and satisfying one of the criteria described
in divisions (B)(1) to (5) of this section shall submit a
proposal to the legislative authority or board on the form
prescribed under division (B) of section 5709.62 of the Revised
Code and shall review and update the estimates and listings
required by the form in the manner required under that division.
The legislative authority or board may, on a separate form and at
any time, require any additional information necessary to
determine whether an enterprise is in compliance with an
agreement and to collect the information required to be reported
under section 5709.68 of the Revised Code.
(B) Prior to entering into an agreement with an
enterprise, the legislative authority or board of county
commissioners shall determine whether the enterprise submitting
the proposal is qualified by financial responsibility and
business experience to create and preserve employment
opportunities in the zone and to improve the economic climate of
the municipal corporation or municipal corporations or the
unincorporated areas in which the zone is located and to which
the proposal applies, and whether the enterprise satisfies one of
the following criteria:
(1) The enterprise currently has no operations in this
state and, subject to approval of the agreement, intends to
establish operations in the zone;
(2) The enterprise currently has operations in this state
and, subject to approval of the agreement, intends to establish
operations at a new location in the zone that would not result in
a reduction in the number of employee positions at any of the
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in another
state, to the zone;
(4) The enterprise, subject to approval of the agreement,
intends to expand operations at an existing site in the zone that
the enterprise currently operates;
(5) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in this state,
to the zone, and the director of development has issued a waiver
for the enterprise under division (B) of section 5709.633 of the
Revised Code.
(C) If the legislative authority or board determines that
the enterprise is so qualified and satisfies one of the criteria
described in divisions (B)(1) to (5) of this section, the
legislative authority or board may, after complying with section
5709.83 of the Revised Code and on or before
June 30, 2004 October 15, 2009, and, in the case of a board of
commissioners, with the consent
of the legislative authority of each affected municipal corporation
or of the board of township trustees, enter into an agreement with the
enterprise under
which the enterprise agrees to establish, expand, renovate, or
occupy a facility in the zone and hire new employees, or preserve
employment opportunities for existing employees, in return for
the following incentives:
(1) When the facility is located in a municipal
corporation, a legislative authority or board of commissioners
may enter into an agreement for one or more of the incentives
provided in division (C) of section 5709.62 of the Revised Code,
subject to division (D) of that section;
(2) When the facility is located in an unincorporated
area, a board of commissioners may enter into an agreement for
one or more of the incentives provided in divisions (B)(1)(b),
(B)(2), and (B)(3) of section 5709.63 of the Revised Code,
subject to division (C) of that section.
(D) All agreements entered into under this section shall
be in the form prescribed under section 5709.631 of the Revised
Code. After an agreement under this section is entered into, if
the legislative authority or board of county commissioners
revokes its designation of the zone, or if the director of
development revokes the zone's certification, any entitlements
granted under the agreement shall continue for the number of
years specified in the agreement.
(E) Except as otherwise provided in this division, an
agreement entered into under this section shall require that the
enterprise pay an annual fee equal to the greater of one per cent
of the dollar value of incentives offered under the agreement or
five hundred dollars; provided, however, that if the value of the
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee
shall be payable to the legislative authority or board of
commissioners once per year for each year the agreement is
effective on the days and in the form specified in the agreement.
Fees paid shall be deposited in a special fund created for such
purpose by the legislative authority or board and shall be used
by the legislative authority or board exclusively for the purpose
of complying with section 5709.68 of the Revised Code and by the
tax incentive review council created under section 5709.85 of the
Revised Code exclusively for the purposes of performing the
duties prescribed under that section. The legislative authority
or board may waive or reduce the amount of the fee charged
against an enterprise, but such waiver or reduction does not
affect the obligations of the legislative authority or board or
the tax incentive review council to comply with section 5709.68
or 5709.85 of the Revised Code, respectively.
(F) With the approval of the legislative authority of a
municipal corporation or the board of township trustees of a
township in which a zone is designated under division (A)(2) of
this section, the board of county commissioners may delegate to
that legislative authority or board any powers and duties of the
board to negotiate and administer agreements with regard to that
zone under this section.
(G) When an agreement is entered into pursuant to this
section, the legislative authority or board of commissioners
authorizing the agreement shall forward a copy of the agreement
to the director of development and to the tax commissioner within
fifteen days after the agreement is entered into.
If any agreement includes terms not provided for in section 5709.631 of the Revised Code
affecting the revenue of a city, local, or exempted
village school district or causing revenue to be foregone by the district,
including any compensation to be paid to the school district pursuant to
section
5709.82 of the Revised Code, those terms also shall be forwarded
in writing to the director of development along with the copy of the
agreement forwarded under this division.
(H) After an agreement is entered into, the enterprise
shall file with each personal property tax return required to be
filed while the agreement is in effect, an informational return,
on a form prescribed by the tax commissioner for that purpose,
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement.
(I) An agreement entered into under this section may
include a provision requiring the enterprise to create one or
more temporary internship positions for students enrolled in a
course of study at a school or other educational institution in
the vicinity, and to create a scholarship or provide another form
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the
enterprise at the completion of the internship.
Sec. 5709.64. (A) If an enterprise has been granted an
incentive for the current calendar year under an agreement
entered pursuant to section 5709.62, 5709.63, or 5709.632 of the Revised
Code, it may apply, on or before the thirtieth day of April of
that year, to the director of development, on a form prescribed
by the director, for a tax incentive qualification
certificate. The
enterprise qualifies for an initial certificate if, on or before
the last day of the calendar year immediately preceding that in
which application is made, it satisfies all of the following
requirements:
(1) The enterprise has established, expanded, renovated,
or occupied a facility pursuant to the agreement under section
5709.62, 5709.63, or 5709.632 of the Revised Code.
(2) The enterprise has hired new employees to fill
nonretail positions at the facility, at least twenty-five per
cent of whom at the time they were employed were at least one of
the following:
(a) Unemployed persons who had resided at least six months
in the county in which the enterprise's project site is located;
(b) JPTA eligible employees who had resided at least six
months in the county in which the enterprise's project site is
located;
(c) Participants of
the Ohio works
first program under Chapter 5107. of the Revised Code or the
prevention, retention, and contingency program under Chapter 5108. of
the Revised Code
or recipients
of general assistance under
former Chapter 5113. of the Revised Code, disability financial assistance under
Chapter 5115. of the Revised Code, or unemployment compensation
benefits who had resided at least six months in the county in
which the enterprise's project site is located;
(d) Handicapped persons, as defined under division (A) of
section 3304.11 of the Revised Code, who had resided at least six
months in the county in which the enterprise's project site is
located;
(e) Residents for at least one year of a zone located in
the county in which the enterprise's project site is located.
The director of development shall, by rule, establish
criteria for determining what constitutes a nonretail position at
a facility.
(3) The average number of positions attributable to the
enterprise in the municipal corporation during the calendar year
immediately preceding the calendar year in which application is
made exceeds the maximum number of positions attributable to the
enterprise in the municipal corporation during the calendar year
immediately preceding the first year the enterprise satisfies the
requirements set forth in divisions (A)(1) and (2) of this
section. If the enterprise is engaged in a business which,
because of its seasonal nature, customarily enables the
enterprise to operate at full capacity only during regularly
recurring periods of the year, the average number of positions
attributable to the enterprise in the municipal corporation
during each period of the calendar year immediately preceding the
calendar year in which application is made must exceed only the
maximum number of positions attributable to the enterprise in
each corresponding period of the calendar year immediately
preceding the first year the enterprise satisfies the
requirements of divisions (A)(1) and (2) of this section. The
director of development shall, by rule, prescribe methods for
determining whether an enterprise is engaged in a seasonal
business and for determining the length of the corresponding
periods to be compared.
(4) The enterprise has not closed or reduced employment at
any place of business in the state for the primary purpose of
establishing, expanding, renovating, or occupying a facility.
The legislative authority of any municipal corporation or the
board of county commissioners of any county that concludes that
an enterprise has closed or reduced employment at a place of
business in that municipal corporation or county for the primary
purpose of establishing, expanding, renovating, or occupying a
facility in a zone may appeal to the director to determine
whether the enterprise has done so. Upon receiving such an
appeal, the director shall investigate the allegations and make
such a determination before issuing an initial or renewal tax
incentive qualification certificate under this section.
Within sixty days after receiving an application under this
division, the director shall review, investigate, and verify the
application and determine whether the enterprise qualifies for a
certificate. The application shall include an affidavit executed
by the applicant verifying that the enterprise satisfies the
requirements of division (A)(2) of this section, and shall
contain such information and documents as the director requires,
by rule, to ascertain whether the enterprise qualifies for a
certificate. If the director finds the enterprise qualified, the
director shall issue a tax incentive qualification certificate, which
shall bear as its date of issuance the thirtieth day of June of
the year of application, and shall state that the applicant is
entitled to receive, for the taxable year that includes the
certificate's date of issuance, the tax incentives provided under
section 5709.65 of the Revised Code with regard to the facility
to which the certificate applies. If an enterprise is issued an
initial certificate, it may apply, on or before the thirtieth day
of April of each succeeding calendar year for which it has been
granted an incentive under an agreement entered pursuant to
section 5709.62, 5709.63, or 5709.632 of the Revised Code, for a renewal
certificate. Subsequent to its initial certification, the
enterprise qualifies for up to three successive renewal
certificates if, on or before the last day of the calendar year
immediately preceding that in which the application is made, it
satisfies all the requirements of divisions (A)(1) to (4) of this
section, and neither the zone's designation nor the zone's
certification has been revoked prior to the fifteenth day of June
of the year in which the application is made. The application
shall include an affidavit executed by the applicant verifying
that the enterprise satisfies the requirements of division (A)(2)
of this section. An enterprise with ten or more supervisory
personnel at the facility to which a certificate applies
qualifies for any subsequent renewal certificates only if it
meets all of the foregoing requirements and, in addition, at
least ten per cent of those supervisory personnel are employees
who, when first hired by the enterprise, satisfied at least one
of the criteria specified in divisions (A)(2)(a) to (e) of this
section. If the enterprise qualifies, a renewal certificate
shall be issued bearing as its date of issuance the thirtieth day
of June of the year of application. The director shall send
copies of the initial certificate, and each renewal certificate,
by certified mail, to the enterprise, the tax commissioner, the
board of county commissioners, and the chief executive of the
municipal corporation in which the facility to which the
certificate applies is located.
(B) If the director determines that an enterprise is not
qualified for an initial or renewal tax incentive qualification
certificate, the director shall send notice of this
determination,
specifying the reasons for it, by certified mail, to the
applicant, the tax commissioner, the board of county
commissioners, and the chief executive of the municipal
corporation in which the facility to which the certificate would
have applied is located. Within thirty days after receiving such
a notice, an enterprise may request, in writing, a hearing before
the director for the purpose of reviewing the application and the
reasons for the determination. Within sixty days after receiving
a request for a hearing, the director shall afford one and,
within thirty days after the hearing, shall issue a
redetermination of the enterprise's qualification for a
certificate. If the enterprise is found to be qualified, the
director shall proceed in the manner provided under division (A)
of this section. If the enterprise is found to be unqualified,
the director shall send notice of this finding, by certified
mail, to the applicant, the tax commissioner, the board of county
commissioners, and the chief executive of the municipal
corporation in which the facility to which the certificate would
have applied is located. The director's redetermination that an
enterprise is unqualified may be appealed to the board of tax
appeals in the manner provided under section 5717.02 of the
Revised Code.
Sec. 5709.67. (A) Except as otherwise provided in
sections
5709.61 to 5709.69 of the Revised Code, the director of
development shall administer those sections and shall adopt such
rules as are necessary to ensure that no zone is certified or
remains certified unless it meets any applicable requirements of
division (A) of section 5709.61 of the Revised Code, and to
determine the number of positions attributable to an enterprise
for the purposes of division (A)(3) of section 5709.64 of the
Revised Code. The director shall assign to each zone currently
certified a unique designation by which the zone shall be
identified for purposes of administering sections 5709.61 to
5709.69 of the Revised Code. The tax commissioner shall
administer all other tax incentives provided under sections
5709.61 to 5709.69 of the Revised Code and shall adopt such rules
as are necessary to carry out that duty. No tax incentive
qualification certificate or employee tax credit certificate
shall
be issued or remain in effect unless the enterprise
applying for
or holding the certificate complies with all such
rules. The
director of job and family
services shall administer the
incentive
provided under division (B)(1) of former section 5709.66 of
the Revised
Code and shall adopt such rules as are necessary to
carry out that
duty. No extension of benefits certificate shall
be issued or
remain in effect unless the enterprise applying for
or holding the
certificate complies with all such rules.
(B) Not later than the first day of August each
year, the
director of development shall report to
the general assembly on
all of the following for the preceding
calendar year:
(1) The cost to the state of the tax and other
incentives
provided under sections 5709.61 to 5709.69 of the
Revised Code;
(2) The number of tax incentive qualification
certificates,
employee tax credit certificates, and extension of
benefits
certificates issued;
(3) The names of the municipal
corporations and counties
that have entered agreements under
sections 5709.62, 5709.63, and
5709.632 of the Revised Code;
(4) The number of new employees hired as a result of the tax
and
other incentives provided under sections 5709.61 to 5709.69 of
the Revised Code;
(5) Information on agreement terms concerning school
district
revenue that are not provided for in section 5709.631 of
the
Revised
Code and that are forwarded to the
director under
division (H) of section 5709.62, division
(H) of section 5709.63,
or division
(G) of section 5709.632 of the Revised Code.
The report shall include a finding by the
director as to
whether the incentives provided under sections
5709.61 to 5709.69
of the Revised Code have resulted in the
creation of more
positions in the state than would have been
created without the
incentives.
The director shall send a copy of the report to each
member of the
general assembly and to the director of the
legislative service
commission.
(C) All forms used in connection with the administration
of
sections 5709.61 to 5709.69 of the Revised Code, except forms
administered directly by the tax commissioner, by the
director of
job and family services, or by a county or
municipal
corporation,
are subject to review and approval by the state
forms management
control center under sections 125.91 to 125.98
of the Revised
Code.
Sec. 5709.84. (A) As used in this section:
(1) "Local railroad operations" means the provision of
railroad service by a qualified railroad company within the
territorial jurisdiction of a county, township, or municipal
corporation, which railroad service replaces railroad service
that was discontinued in the territorial jurisdiction of the
county, township, or municipal corporation on or after January 1,
1980.
(2) "Qualified railroad company" means a railroad company
as defined in division (D)(9)(8) of section 5727.01 of the Revised
Code that is formed by a person or governmental entity to provide
local railroad operations.
(B) The legislative authority of a county, township, or
municipal corporation, by resolution or ordinance, may declare
any of the following as being used for a public purpose:
(1) Real and tangible personal property owned by the
county, township, or municipal corporation that is leased or
otherwise made available to a qualified railroad company for use
in local railroad operations;
(2) Real and tangible personal property owned by any other
public or any private entity that is leased or otherwise made
available to a qualified railroad company for use in local
railroad operations;
(3) Real and tangible personal property owned by a
qualified railroad company that is used in local railroad
operations.
Real and tangible personal property declared as being used
for a public purpose under division (B)(1), (2), or (3) of this
section is exempt from taxation for a period, not to exceed ten
years, specified in the resolution or ordinance declaring the
property as being used for a public purpose and commencing on the
effective date of the resolution or ordinance. The exemption
applies to the property only in the proportion it is used in
local railroad operations within the territorial jurisdiction of
the county, township, or municipal corporation that declared it
as being used for a public purpose.
The legislative authority shall not take formal action to
adopt a resolution or an ordinance that grants a tax exemption
under this section until section 5709.83 of the Revised Code has
been complied with. Upon adopting the resolution or ordinance,
the legislative authority shall transmit a certified copy to the
tax commissioner, the county auditor, and the county treasurer.
(C) At any time during the period of an exemption, the
legislative authority, without prior announcement and at such
times as it considers appropriate or necessary, may inspect the
real and tangible personal property so exempted and the financial
records and business activities of the qualified railroad company
receiving the exemption to verify that the property so exempted
is in use for local railroad operations. A qualified railroad
company receiving an exemption shall cooperate with the
legislative authority in an inspection, and shall provide any
information relevant to the exemption that is requested by the
legislative authority.
If the legislative authority determines that exempted
property is not in use for local railroad operations, or if a
qualified railroad company interferes with an inspection or fails
to answer a request for information, the legislative authority,
by resolution or ordinance, may suspend its declaration under
division (B) of this section until it verifies that the qualified
railroad company is using the property for local railroad
operations, or may revoke the declaration. The legislative
authority shall transmit a certified copy of a resolution or
ordinance suspending or revoking its declaration to the tax
commissioner, the county auditor, and the county treasurer. The
county auditor and county treasurer shall place the property on
the tax list and duplicate for the tax year in which the
resolution or ordinance of suspension or revocation was adopted.
The qualified railroad company may appeal the suspension or
revocation to the court of common pleas in the county in which
the exemption is granted.
Sec. 5711.02. Except as otherwise provided by section
5711.13 of the Revised Code, each year, beginning in tax year 2004, each taxpayer having taxable personal property with an aggregate taxable value in excess of ten thousand dollars shall make a return,
annually, to the county auditor of each county in which any
taxable property, which the taxpayer must return, is required by
this chapter to be listed and. The taxpayer shall truly and correctly list
therein on the return all taxable property so required to be listed, including
property exempt under division (C)(3) of section 5709.01 of the
Revised Code. Such returns shall be made on the blanks
prescribed by the tax commissioner, which the county auditor shall
supply at his the auditor's office along with blanks of the kind
required for
the county supplemental return required by section 5711.131 of
the Revised Code for the use of taxpayers. The county auditor shall
mail or distribute such blanks prior to the fifteenth day of
February to all persons known to him the auditor to be taxpayers
and to all
persons to whom the commissioner may direct blanks of either type
to be mailed or distributed, and he. The county auditor may place
listing and county
supplemental blanks at convenient places in his the
county. The
failure of a taxpayer to receive or procure blanks shall not
excuse him the taxpayer from making any return or county
supplemental return.
The individual required to make the return shall furnish all
statements and documents, give all information required, answer
all questions asked on the required blanks, and subscribe to the
truth and correctness of all matters contained therein.
Sec. 5711.13. A Beginning in tax year 2004, each taxpayer having taxable property with an aggregate taxable value in excess of ten thousand dollars and required
to be listed in more than one county shall make a combined return
to the tax commissioner listing all its taxable property in this
state, in conformity with sections 5711.01 to 5711.36 of the
Revised Code, including property exempt under division (C)(3) of
section 5709.01 of the Revised Code, but it the taxpayer shall not assign its
property of the kinds mentioned in section 5709.02 of the Revised
Code to any particular taxing district or county. The
tax commissioner shall assess the personal property of such taxpayer
in the several taxing districts in which it is required by
to be assessed under sections 5711.01 to 5711.36 of the Revised Code, to be assessed,
and shall issue assessment certificates therefor to the proper
county auditors at the time and in the manner required by section
5711.25 of the Revised Code. All other property of such taxpayer
required to be so listed shall be entered on the intangible
property tax list in the office of the treasurer of state, and
taxed shall be subject to taxation under section 5707.03 of the Revised Code. The
commissioner shall assess all other property of each such
taxpayer and, on or before the second Monday of August annually,
shall certify the total value or amount of each kind thereof to
the treasurer of state, who shall enter the value or amount on
the intangible property tax list in his the treasurer of state's office in the manner
provided in sections 5725.01 to 5725.26 of the Revised Code.
Sections 5711.01 to 5711.36 of the Revised Code shall apply to
and govern such taxpayer, its proper officers and
representatives, the commissioner, and the county auditor as to
all proceedings in the assessment of the property of such
taxpayer.
Sec. 5711.22. (A) Deposits not taxed at the source shall
be listed and assessed at their amount in dollars on the day they
are required to be listed. Moneys shall be listed and assessed
at the amount thereof in dollars on hand on the day that they are
required to be listed. In listing investments, the amount of the
income yield of each for the calendar year next preceding the
date of listing shall, except as otherwise provided in this
chapter, be stated in dollars and cents and the assessment
thereof shall be at the amount of such income yield; but any
property defined as investments in either division (A) or (B) of
section 5701.06 of the Revised Code that has not been
outstanding for the full calendar year next preceding the date of
listing, except shares of stock of like kind as other shares of
the same corporation outstanding for the full calendar year next
preceding the date of listing, or which has yielded no income
during such calendar year shall be listed and assessed as
unproductive investments, at their true value in money on the day
that such investments are required to be listed.
Credits and other taxable intangibles shall be listed and
assessed at their true value in money on the day as of which the
same are required to be listed.
Shares of stock of a bank holding company, as defined in
Title 12 U.S.C.A., section 1841, that are required to be
listed
for taxation under this division and upon which dividends were
paid during the year of their issuance, which dividends are
subject to taxation under the provisions of Chapter 5747. of the
Revised Code, shall be exempt from the intangibles tax for the
year immediately succeeding their issuance. If such
shares bear
dividends the first calendar year after their issuance, which
dividends are subject to taxation under the provisions of Chapter
5747. of the Revised Code, it shall be deemed that the nondelinquent
intangible property tax pursuant to division (A) of section
5707.04 of the Revised Code was paid on those dividends paid that
first calendar year after the issuance of the shares.
(B)(1) Boilers, machinery, equipment, and personal
property the true value of which is determined under division (B)
of section 5711.21 of the Revised Code shall be listed and
assessed at an amount equal to the sum of the products determined
under divisions (B)(1)(a), (b), and (c) of this section.
(a) Multiply the portion of the true value determined
under division (B)(1) of section 5711.21 of the Revised Code by
the assessment rate in division
(F) of this section;
(b) Multiply the portion of the true value determined
under division (B)(2) of section 5711.21 of the Revised Code by
the assessment rate in section 5727.111 of the Revised Code that
is applicable to the production equipment of an electric company;
(c) Multiply the portion of the true value determined
under division (B)(3) of section 5711.21 of the Revised Code by
the assessment rate in section 5727.111 of the Revised Code that
is applicable to the property of an electric company that is not
production equipment.
(2) Personal property leased to a public utility or
interexchange telecommunications company as defined in section
5727.01 of the Revised Code and used directly in the rendition of
a public utility service as defined in division (P) of section
5739.01 of the Revised Code shall be listed and assessed at the
same percentage of true value in money that such property is
required to be assessed by section 5727.111 of the Revised Code
if owned by the public utility or interexchange
telecommunications company.
(C)(1) Merchandise or an agricultural product shipped from outside this state
and held in this state in a warehouse or a place of
storage without further manufacturing or processing and for storage
only and for shipment outside this
state, but that is taxable because it does not qualify as "not used in
business in this state" under division (B)(1) or (2) of section 5701.08
of the Revised
Code, shall be listed and assessed at a rate of twenty-five one-hundredths of
its true value in money until reduced in accordance with the following
schedule:
(a) For any year, subtract five one-hundredths from the rate at which such
property was required to be listed and assessed in the preceding year, if the
total statewide collection of all real and tangible personal property taxes
for
the second preceding year exceeded the total statewide collection of all real
and tangible personal property taxes for the third preceding year by more than
the greater of four per cent or the rate of increase from the third to the
second preceding years in the average consumer price index (all urban
consumers, all items) prepared by the bureau of labor statistics of the United
States department of labor;
(b) If no reduction in the assessment rate is made for a year, the rate is
the same as for the preceding year.
(2) Each year until the year the assessment rate equals zero, the tax
commissioner shall determine the assessment rate required under this division
and shall notify all county auditors of that rate.
(3) Notwithstanding provisions to the contrary in division (B) of section
5701.08 of the Revised Code, during and after the year for which the
assessment rate as calculated under this division equals zero, any merchandise
or agricultural product shipped from outside this state and held in this state
in any warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for shipment
outside this state to any person for any purpose is not used
in business in
this state for property tax purposes.
(D)(1) Merchandise or an agricultural product owned by a
qualified out-of-state person shipped from outside this state
and held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and
for shipment inside this state, but that is taxable because it
does not qualify as "not used in business in this state" under
division (B)(1) or (2) of
section 5701.08 of the Revised
Code, shall be listed and
assessed at a rate of twenty-five one-hundredths of its true
value in money until reduced in accordance with the following
schedule:
(a) For any year, subtract five one-hundredths
from the rate at which such property was required to be listed
and assessed in the preceding year, if the total statewide
collection of all real and tangible personal property taxes for
the second preceding year exceeded the total statewide
collection of all real and tangible personal property taxes for
the third preceding year by more than the greater of four per
cent or the rate of increase from the third to the second
preceding years in the average consumer price index (all urban
consumers, all items) prepared by the bureau of labor statistics
of the United
States department of
labor;
(b) If no reduction in the assessment rate is made
for a year, the rate is the same as for the preceding
year.
(2) Each year until the year the assessment rate equals
zero, the tax commissioner shall determine the assessment rate
required under this division and shall notify all county
auditors of that rate.
(3) Notwithstanding provisions to the contrary in
division (B) of section 5701.08
of the Revised
Code, during and after the year
for which the assessment rate as calculated under this division
equals zero, any merchandise or agricultural product described
in division (D)(1) of this
section is not used in business in this state for property tax
purposes.
(4) As used in division
(D) of this section:
(a) "Qualified out-of-state person" means a person
that does not own, lease, or use property, other than
merchandise or an agricultural product described in this
division, in this state, and does not have employees, agents, or
representatives in this state;
(b) "Public warehouse" means a warehouse in this
state that is not subject to the control of or under the
supervision of the owner of the merchandise or agricultural
product stored in it, or staffed by the owner's employees, and
from which the property is to be shipped inside this
state.
(E) Personal property valued pursuant to section 5711.15
of the Revised Code and personal property
required to be listed on the average basis by division
(A) of section 5711.16 of the Revised
Code, except property described in division
(C) or (D) of this section, business
fixtures, and furniture not held for sale in the course of
business, shall be listed and assessed at the rate of twenty-five per cent of
its true value in money until
reduced to zero in accordance with the following schedule:
(1) Beginning in tax year 2002 and for each of tax years 2003, and
2004, 2005, and 2006, subtract one percentage point from the rate at
which the property was required to be listed and assessed in the
preceding year, if the total statewide collection of tangible
personal property taxes for the second preceding year exceeded the
total statewide collection of tangible personal property taxes for
the third preceding year. If no reduction in the assessment rate
is made for a year, the rate is the same as for the preceding
year. For purposes of this division, total statewide collection
of tangible personal property taxes excludes taxes collected from
public utilities and interexchange telecommunications companies on
property that is determined to be taxable pursuant to section
5727.06 of the Revised Code.
(2) In tax year 2007, the assessment rate shall be the lesser of
twenty-four per cent or one percentage point less than the rate at
which property was required to be listed and assessed the
preceding year. Each 2005 and each tax year thereafter, the assessment rate
shall be reduced by one the lesser of two percentage point until it equals zero per
cent not later than tax year 2031 points or the assessment rate for the preceding year if the total statewide collection of tangible personal property taxes for the second preceding year exceeded the total statewide collection of tangible personal property taxes for the third preceding year. If no reduction in the assessment rate is made for a year, the rate is the same as for the preceding year. During and after the tax year
that the assessment rate equals zero, the property described in
division (E) of this section shall not be listed for taxation.
Each year until the year the assessment rate equals zero, the tax
commissioner shall determine the assessment rate required under this
division and shall notify all county auditors of that rate.
For purposes of division (E) of this section, "total statewide collection of tangible personal property taxes" excludes taxes collected from public utilities and interexchange telecommunications companies on property that is determined to be taxable pursuant to section 5727.06 of the Revised Code.
(F) Unless otherwise provided by law, all other personal
property used in business that has not been legally regarded as
an improvement on land and considered in arriving at the value of
the real property assessed for taxation shall be listed and
assessed at the rate of twenty-five per cent of its true value in money.
Sec. 5711.27. No taxpayer shall fail to make a return
within the time prescribed by law, or as extended pursuant to
section 5711.04 of the Revised Code, nor fail to list in a return
or disclose on an accompanying balance sheet or in other
information filed with the return any item of taxable property
which he the taxpayer is required by to list in the return under sections 5711.01 to 5711.36
of the
Revised Code, to list therein.
If any taxpayer does so fail the following shall apply:
(A) In the case of a taxpayer who fails to make a timely
return, the assessor shall add to the taxpayer's assessment as a
penalty, one-half of the taxpayer's taxable value that is exempt
from taxation under division (C)(3) of section 5709.01 of the
Revised Code. If the taxpayer's taxable value that is exempt
from taxation under division (C)(3) of section 5709.01 of the
Revised Code is located in more than one taxing district, the
penalty assessment shall be applied among taxing districts as if
only five thousand dollars, or one-half of the taxpayer's taxable
valuation, whichever is less, had been exempt from taxation under
such division.
(B) In the case of a taxpayer who fails to make a timely
return, or fails to list or disclose any item he the taxpayer is
required to
return, the assessor shall add to the assessment of each class or
item of taxable property which the taxpayer failed to return,
list, or disclose and to any amount added under division (A) of
this section, a penalty of up to fifty per cent thereof of the assessment; but if
such taxpayer makes, within sixty days after the expiration of
the time prescribed by such sections, a return or an amended or
supplementary return and lists therein or discloses on an
accompanying balance sheet or in other information filed with the
return all items of taxable property which he the taxpayer is
required by such
sections to list, and in all cases in which the taxpayer's only
default is his the failure to pay the amounts specified in
section
5719.02 of the Revised Code within the time therein specified,
such penalty shall be five per cent of the assessment, and, if
the assessment certificate has been issued, an amended assessment
certificate shall be issued and substituted therefor.
Either or both of the penalties The penalty provided in this section
may be abated in whole or in part by the assessor when it is
shown that such failure is due to reasonable cause. The penalty
assessment shall be entered on the proper tax list and duplicate,
and taxes shall be levied thereon the same as on the assessment
itself.
If any taxpayer does so fail with respect to a return
required to be filed for tax year 1982 or any prior year, the
assessor shall add to the assessment of each class or item of
taxable property which the taxpayer failed to return, list or
disclose in addition to the penalties provided by law, an
additional charge at the rate of one-half of one per cent per
month from the date such property should have been returned or
disclosed until the same is assessed, provided that said
additional charge shall not be added to an assessment for any
period of time in excess of ten years previous to the date of the
assessment.
A fiduciary against whom a penalty assessment is made shall
be personally liable for the amount of taxes levied in respect to
such penalty assessment and any additional charge, and in case of
fraud or intent to evade taxes, such fiduciary shall have no
right of reimbursement against the property held by him the
fiduciary as such
fiduciary nor against the person for whose benefit the same is
held.
Sec. 5711.33. (A)(1) When a county treasurer receives a
certificate from a county auditor pursuant to division (A) of
section 5711.32 of the Revised Code charging the treasurer
with the collection of an amount of taxes due as the result of a
deficiency assessment, the treasurer shall immediately
prepare and mail a tax bill to the taxpayer owing such tax. The tax bill
shall contain the name of the taxpayer; the taxable value, tax rate,
and taxes charged for each year being assessed; the total amount
of taxes due; the final date payment may be made without
additional penalty; and any other information the treasurer
considers pertinent or necessary. Taxes due and payable as a
result of a deficiency assessment, less any amount specifically
excepted from collection under division (B) of section 5711.32 of
the Revised Code, shall be paid with interest thereon as
prescribed by section 5719.041 of the Revised Code on or before
the sixtieth day following the date of issuance of the
certificate by the county auditor. The balance of taxes found
due and payable after a final determination by the tax
commissioner or a final judgment of the board of tax appeals or
any court to which such final judgment may be appealed, shall be
paid with interest thereon as prescribed by section 5719.041 of
the Revised Code on or before the sixtieth day following the date
of certification by the auditor to the treasurer pursuant to
division (C) of section 5711.32 of the Revised Code of such final
determination or judgment. Such final dates for payment shall be
determined and exhibited on the tax bill by the treasurer.
(2) If, on or before the sixtieth day following the date of
a certification of a deficiency assessment under division (A) of
section 5711.32 of the Revised Code or of a certification of a
final determination or judgment under division (C) of section
5711.32 of the Revised Code, the taxpayer pays the full amount of
taxes and interest due at the time of the receipt of
certification with respect to that assessment, determination, or
judgment, no interest shall accrue or be charged with respect to
that assessment, determination, or judgment for the period that
begins on the first day of the month in which the certification
is made and that ends on the last day of the month preceding the
month in which such sixtieth day occurs.
(B) When the taxes charged, as mentioned in division (A)
of this section, are not paid within the time prescribed by such
division, a penalty of ten per cent of the amount due and unpaid
and interest for the period described in division (A)(2) of this
section shall accrue at the time the treasurer closes the
treasurer's office for business on the last day so prescribed, but if the
taxes are paid within ten days subsequent to the last day prescribed, the
treasurer shall waive the collection of and the auditor shall
remit one-half of the penalty. The treasurer shall not
thereafter accept less than the full amount of taxes and penalty
except as otherwise authorized by law. Such penalty shall be
distributed in the same manner and at the same time as the tax
upon which it has accrued. The whole amount collected shall be
included in the next succeeding settlement of appropriate taxes.
(C) When the taxes charged, as mentioned in division (A)
of this section, remain unpaid after the final date for payment
prescribed by such division, such charges shall be deemed to be
delinquent taxes. The county auditor shall cause such charges,
including the penalty that has accrued pursuant to this
section, to be added to the delinquent tax duplicate in accordance with
section 5719.04 of the Revised Code.
(D) The county auditor, upon consultation with the county
treasurer, shall remit a penalty imposed under division (B) of
this section or division (C) of section 5719.03 of the Revised
Code for the late payment of taxes when:
(1) The taxpayer could not make timely payment of the tax
because of the negligence or error of the county auditor or county treasurer in
the performance of a statutory duty relating to the levy or
collection of such tax.
(2) In cases other than those described in division (D)(1)
of this section, the taxpayer failed to receive a tax bill or a
correct tax bill, and the taxpayer made a good faith effort to
obtain such bill within thirty days after the last day for
payment of the tax.
(3) The tax was not timely paid because of the death or
serious injury of the taxpayer, or the taxpayer's
confinement in a hospital
within sixty days preceding the last day for payment
of the tax
if, in any case, the tax was subsequently paid within
sixty days
after the last day for payment of such tax.
(4) The taxpayer demonstrates to the satisfaction of the
auditor that the full payment was properly deposited in the mail
in sufficient time for the envelope to be postmarked by the
United States postal service on or before the last
day for payment of such tax.
A private meter postmark on an envelope is not a valid postmark for
purposes of establishing the date of payment of such tax.
(5) In cases other than those described in divisions (D)(1) to (4) of this section, the taxpayer's failure to make timely payment of the tax is due to reasonable cause and not willful neglect.
(E) The taxpayer, upon application within sixty days after the mailing of the county auditor's decision, may request the tax
commissioner to review the denial of the remission of a penalty
by the county auditor. The application may be filed in person or by certified mail. If the application is filed by certified mail, the date of the United States postmark placed on the sender's receipt by the postal service shall be treated as the date of filing. The commissioner shall consider the application,
determine whether the penalty should be remitted, and certify
the
determination to the taxpayer and to the county treasurer and county auditor,
who shall correct the tax list and duplicate accordingly. The
commissioner shall may issue orders and instructions for the uniform
implementation of this section by all county auditors and county treasurers,
and such orders and instructions shall be followed by such
officers.
Sec. 5713.07. The county auditor, at the time of making
the assessment of real property subject to taxation, shall enter
in a separate list pertinent descriptions of all burying grounds,
public schoolhouses, houses used exclusively for public worship,
institutions of purely public charity, real property used
exclusively for a home for the aged, as defined in section
5701.13 of the Revised Code, and public buildings and property
used exclusively for any public purpose, and any other property, with the lot or tract of
land on which such house, institution, or public building, or other property is
situated, and which are exempt have been exempted from taxation by either the tax commissioner under section 5715.27 of the Revised Code or by the housing officer under section 3735.67 of the Revised Code. He The auditor
shall value
such houses, buildings, property, and lots and tracts of land at
their taxable value in the same manner as he the auditor is
required to value
other real property, designating in each case the township,
municipal corporation, and number of the school district, or the
name or designation of the school, religious society, or
institution to which each house, lot, or tract belongs. If such
property is held and used for other public purposes, he the
auditor shall
state by whom or how it is held.
Sec. 5713.08. (A) The county auditor shall make a list of
all real and personal property in the auditor's county,
including money,
credits, and investments in bonds, stocks, or otherwise, which is
exempted from taxation. Such list shall show the name of the
owner, the value of the property exempted, and a statement in
brief form of the ground on which such exemption has been
granted. It shall be corrected annually by adding thereto the
items of property which have been exempted during the year, and
by striking therefrom the items which in the opinion of the
auditor have lost their right of exemption and which have been
reentered on the taxable list. No additions shall be made to
such exempt lists and no additional items of property shall be
exempted from taxation without the consent of the tax
commissioner as is provided for in section 5715.27 of the Revised
Code, but when or without the consent of the housing officer under section 3735.67 of the Revised Code. When any personal property or endowment fund of an
institution has once been held by the commissioner to be properly
exempt from taxation, it is not necessary to obtain the
commissioner's consent to the exemption of additional property or
investments of the same kind belonging to the same institution,
but such property shall appear on the abstract filed annually
with the commissioner. The commissioner may revise at any time
the list in every county so that no property is improperly or
illegally exempted from taxation. The auditor shall follow the
orders of the commissioner given under this section. An abstract
of such list shall be filed annually with the commissioner, on a
form approved by the commissioner, and a copy thereof shall
be kept on file in
the office of each auditor for public inspection.
The commissioner shall not consider an application for
exemption of property unless the application has attached thereto
a certificate executed by the county treasurer certifying
one
of the following:
(1) That all taxes, assessments, interest, and penalties
levied and assessed against the property sought to be exempted
have been paid in full to the date upon which the application for
exemption is filed, except for such taxes, interest, and
penalties that may be remitted under division (B) of this
section;
(2) That the applicant has entered into a valid
delinquent tax contract with the county treasurer
pursuant to division (A) of
section 323.31 of the Revised Code to pay all of the delinquent
taxes, assessments, interest, and penalties charged against the
property, except for such taxes, interest, and penalties that may
be remitted under division (B) of this section. If the auditor
receives notice under section 323.31 of the Revised Code that
such a written delinquent tax contract has become
void,
the auditor shall
strike such
property from the list of exempted property and reenter such
property on the taxable list. If property is removed from the
exempt list because a written delinquent tax
contract
has become void,
current taxes shall first be extended against that property on
the general tax list and duplicate of real and public utility
property for the tax year in which the auditor receives the
notice required by division (A) of section 323.31 of the Revised
Code that the delinquent tax contract has become
void
or, if that notice is
not timely made, for the tax year in which falls the latest date
by which the treasurer is required by such section to give such
notice. A county auditor shall not remove from any tax list and
duplicate the amount of any unpaid delinquent taxes, assessments,
interest, or penalties owed on property that is placed on the
exempt list pursuant to this division.
(3) That a tax certificate has been issued under section 5721.32
or 5721.33 of the Revised Code with respect to the property that
is the subject of the application, and the tax certificate is
outstanding.
(B) Any taxes, interest, and penalties which have become a
lien after the property was first used for the exempt purpose,
but in no case prior to the date of acquisition of the title to
the property by the applicant, may be remitted by the
commissioner, except as is provided in division (A) of section 5713.081
of the Revised Code.
(C) Real property acquired by the state in fee simple is
exempt from taxation from the date of acquisition of title or
date of possession, whichever is the earlier date, provided that
all taxes, interest, and penalties as provided in the
apportionment provisions of section 319.20 of the Revised Code
have been paid to the date of acquisition of title or date of
possession by the state, whichever is earlier. The proportionate
amount of taxes that are a lien but not yet determined, assessed,
and levied for the year in which the property is acquired, shall
be remitted by the county auditor for the balance of the year
from date of acquisition of title or date of possession,
whichever is earlier. This section shall not be construed to
authorize the exemption of such property from taxation or the
remission of taxes, interest, and penalties thereon until all
private use has terminated.
Sec. 5713.081. (A) No application for real property tax
exemption and tax remission shall be filed with, or considered
by, the tax commissioner in which tax remission is requested for
more than three tax years, and the commissioner shall not remit
more than three years' delinquent taxes, penalties, and interest.
(B) All taxes, penalties, and interest, that have been
delinquent for more than three years, appearing on the general
tax list and duplicate of real property which have been levied
and assessed against parcels of real property owned by the state,
any political subdivision, or any other entity whose ownership of
real property would constitute public ownership, shall be
collected by the county auditor of the county where the real
property is located. Such official auditor shall deduct from
each
distribution made by him the auditor, the amount necessary to
pay the tax
delinquency from any revenues or funds to the credit of the
state, any political subdivision, or any other entity whose
ownership of real property would constitute public ownership
thereof, passing under his the auditor's control, or which come
into his the auditor's
possession, and such deductions shall be made on a continuing
basis until all delinquent taxes, penalties, and interest noted
in this section have been paid.
(C) As used in division (B) of this section, "political subdivision" includes
townships, municipalities, counties, school districts, boards of
education, all state and municipal universities, park boards, and
any other entity whose ownership of real property would
constitute public ownership.
Sec. 5713.082. (A) Whenever the county auditor reenters
an item of property to the tax list as provided in section
5713.08 of the Revised Code and there has been no conveyance of
the property between separate entities, the auditor shall send
notice by certified mail to the owner of the property that it is
now subject to property taxation as a result of such action. The
auditor shall send the notice at the same time he the auditor
certifies the
real property tax duplicate to the county treasurer. The notice
shall describe the property and indicate that the owner may
reapply for tax exemption by filing an application for exemption
as provided in section 5715.27 of the Revised Code, and that
failure to file such an application within the proper time period
will result in the owner having to pay the taxes even if the
property continued to be used for an exempt purpose.
(B) If the auditor failed to send the notice required by
this section, and if the owner of the property subsequently files
an application for tax exemption for the property for the current
tax year, the tax commissioner may grant exemption to the
property, and he the commissioner shall remit all unpaid taxes
and penalties for
each prior year since the property was reentered on the tax list
notwithstanding the provisions of division (A) of section 5713.081 of the Revised
Code.
Sec. 5715.27. (A) The Except as provided in section 3735.67 of the Revised Code, the owner of any property may file an
application with the tax commissioner, on forms prescribed by the
commissioner, requesting that such property be exempted from
taxation and that unpaid taxes and penalties be remitted as
provided in division (B) of section 5713.08 of the Revised Code.
(B) The board of education of any school district may
request the tax commissioner to provide it with notification of
applications for exemption from taxation for property located
within that district. If so requested, the commissioner shall
send to the board for the quarters ending on the last day of
March, June, September, and December of each year, reports that
contain sufficient information to enable the board to identify
each property that is the subject of an exemption application,
including, but not limited to, the name of the property owner or
applicant, the address of the property, and the auditor's parcel
number. The commissioner shall mail the reports on or about the
fifteenth day of the month following the end of the quarter.
(C) A board of education that has requested notification
under division (B) of this section may, with respect to any
application for exemption of property located in the district and
included in the commissioner's most recent report provided under
that division, file a statement with the commissioner and with
the applicant indicating its intent to submit evidence and
participate in any hearing on the application. The statements
shall be filed prior to the first day of the third month
following the end of the quarter in which that application was
docketed by the commissioner. A statement filed in compliance
with this division entitles the district to submit evidence and
to participate in any hearing on the property and makes the
district a party for purposes of sections 5717.02 to 5717.04 of
the Revised Code in any appeal of the commissioner's decision to
the board of tax appeals.
(D) The commissioner shall not hold a hearing on or grant
or deny an application for exemption of property in a school
district whose board of education has requested notification
under division (B) of this section until the end of the period
within which the board may submit a statement with respect to
that application under division (C) of this section. The
commissioner may act upon an application at any time prior to
that date upon receipt of a written waiver from each such board
of education, or, in the case of exemptions authorized by section
725.02, 1728.10, 3735.67, 5709.41, 5709.62, or 5709.63 of the
Revised Code, upon the request of the property owner. Failure of
a board of education to receive the report required in division
(B) of this section shall not void an action of the commissioner
with respect to any application. The commissioner may extend the
time for filing a statement under division (C) of this section.
(E) A complaint may also be filed with the commissioner by
any person, board, or officer authorized by section 5715.19 of
the Revised Code to file complaints with the county board of
revision against the continued exemption of any property granted exemption by the commissioner under this section.
(F) An application for exemption and a complaint against
exemption shall be filed prior to the thirty-first day of
December of the tax year for which exemption is requested or for
which the liability of any the property to taxation in that year is
requested. The commissioner shall consider such application or
complaint in accordance with procedures established by the
commissioner, determine whether the property is subject to taxation or
exempt therefrom, and certify the commissioner's findings to
the auditor, who shall correct the tax list and duplicate accordingly.
If a tax certificate has been sold under section 5721.32 or 5721.33 of the
Revised Code with respect to property for which an exemption
has been requested, the tax commissioner shall also certify the findings to
the county treasurer of the county in which the property is located.
(G) Applications and complaints, and documents of any kind
related to applications and complaints, filed with the tax
commissioner under this section, are public records within the
meaning of section 149.43 of the Revised Code.
(H) If the commissioner determines that the use of
property or other facts relevant to the taxability of property
that is the subject of an application for exemption or a
complaint under this section has changed while the application or
complaint was pending, the commissioner may make the
determination under division (F) of this section separately for
each tax year beginning with the year in which the application or
complaint was filed or the year for which remission of unpaid
taxes under division (B) of section 5713.08 of the Revised Code
was requested, and including each subsequent tax year during
which the application or complaint is pending before the
commissioner.
Sec. 5715.39. (A) The tax commissioner may remit real property
taxes, manufactured home taxes, penalties, and interest found by
the commissioner to
have been illegally assessed. The commissioner also may remit any penalty
charged against any real property or manufactured or mobile home that
was the subject of an
application for exemption from taxation under section 5715.27 of
the Revised Code if the commissioner determines that the
applicant requested such exemption in good faith. The
commissioner shall include notice of the remission in the
commissioner's certification to the county auditor required under that
section.
(B) The commissioner, on application by a taxpayer county auditor, upon consultation with the county treasurer, shall remit
a penalty for late payment of any real property taxes or manufactured home
taxes when:
(A)(1) The taxpayer could not make timely payment of the tax
because of the negligence or error of the county auditor or county treasurer in
the performance of a statutory duty relating to the levy or
collection of such tax.
(B)(2) In cases other than those described in division (A)(B)(1) of
this section, the taxpayer failed to receive a tax bill or a
correct tax bill, and the taxpayer made a good faith effort to
obtain such bill within thirty days after the last day for
payment of the tax.
(C)(3) The tax was not timely paid because of the death or
serious injury of the taxpayer, or the taxpayer's
confinement in a hospital within sixty days preceding the last day for payment
of the tax if, in any case, the tax was subsequently paid within
sixty days after the last day for payment of such tax.
(D)(4) The taxpayer demonstrates to the satisfaction of the
commissioner that the full payment was properly deposited in the
mail in sufficient time for the envelope to be postmarked by the
United States postal service on or before the last
day for payment of such tax. A private meter postmark on an envelope is
not a valid postmark for purposes of establishing the date of payment of such
tax.
(5) In cases other than those described in division (B)(1) to (4) of this section, the taxpayer's failure to make timely payment of the tax is due to reasonable cause and not willful neglect.
(C) The taxpayer, upon application within sixty days after the mailing of the county auditor's decision, may request the tax commissioner to review the denial of the remission of a penalty by the auditor. The application may be filed in person or by certified mail. If the application is filed by certified mail, the date of the United States postmark placed on the sender's receipt by the postal service shall be treated as the date of filing. The commissioner shall consider the application, determine
whether the penalty should be remitted, and certify the
determination to the taxpayer, to the county treasurer, and
to the county auditor, who shall correct the tax list and duplicate
accordingly. The commissioner may issue orders and instructions for the uniform implementation of this section by all county auditors and county treasurers, and such orders and instructions shall be followed by such officers.
(D) This section shall not provide to the taxpayer any remedy
with respect to any matter that the taxpayer may be
authorized to complain of under section 4503.06,
5715.19,
5717.02, and or 5727.47 of the Revised Code.
(E) Applications for remission, and documents of any kind
related to those applications, filed with the tax commissioner
under this section, are public records within the meaning of
section 149.43 of the Revised Code, unless otherwise excepted
under that section.
Sec. 5717.011. (A) As used in this chapter, "tax administrator" has the same meaning as in section 718.01 of the Revised Code.
(B) Appeals from final determinations by a tax administrator for a tax imposed on income by a municipal corporation may be taken by the taxpayer to the board of tax appeals. Such appeals shall be taken by the filing of a notice of appeal with the board and with the tax administrator. The notice of appeal shall be filed within sixty days after service of the tax administrator's final determination. The notice of appeal may be filed in person or by certified mail, express mail, or authorized delivery service as provided in section 5703.056 of the Revised Code. If the notice of appeal is filed by certified mail, express mail, or authorized delivery service as provided in section 5703.056 of the Revised Code, the date of the United States postmark placed on the sender's receipt by the postal service or the date of receipt recorded by the authorized delivery service shall be treated as the date of filing. The notice of appeal shall have attached thereto and incorporated therein by reference a true copy of the final determination sent by the administrator to the taxpayer and shall specify the errors therein complained of, but failure to attach a copy of such notice and incorporate it by reference in the notice of appeal does not invalidate the appeal.
(C) Upon the filing of a notice of appeal, the tax administrator shall certify to the board a transcript of the record of the proceedings before the administrator, together with all evidence considered by the administrator in connection therewith. Such appeals may be heard by the board at its office in Columbus or in the county where the appellant resides, or it may cause its examiners to conduct such hearings and to report to it their findings for affirmation or rejection. The board may order the appeal to be heard upon the record and the evidence certified to it by the administrator, but upon the application of any interested party the board shall order the hearing of additional evidence, and the board may make such investigation concerning the appeal as it considers proper.
Sec. 5717.02. Except as otherwise provided by law, appeals
from final determinations by the tax commissioner of any
preliminary, amended, or final tax assessments, reassessments,
valuations, determinations, findings, computations, or orders
made
by the commissioner may be taken to the board of tax appeals
by
the taxpayer, by the person to whom notice of the tax
assessment,
reassessment, valuation, determination, finding,
computation, or
order by the commissioner is required by law to
be given, by the
director of budget and management if the
revenues affected by such
decision would accrue primarily to the
state treasury, or by the
county auditors of the counties to the
undivided general tax funds
of which the revenues affected by
such decision would primarily
accrue. Appeals from the
redetermination by the director of
development under division (B)
of former section 5709.64 or division (A)
of former section 5709.66 of the Revised Code may
be taken to the board
of tax appeals by the enterprise to which notice of the
redetermination is required by law to be given. Appeals from a
decision of the tax commissioner concerning an application for a
property tax exemption may be taken to the board of tax appeals
by
a school district that filed a statement concerning such
application under division (C) of section 5715.27 of the Revised
Code. Appeals from a redetermination by the director of job and
family
services under section 5733.42 of the Revised Code may be
taken by the person to which the
notice of the redetermination is
required by law to be given under that
section.
Such appeals shall be taken by the filing of a notice of
appeal with the board, and with the tax commissioner if the tax
commissioner's action is the subject of the appeal, with the
director of
development if that director's action is the subject
of the
appeal, or with the director of job and family services if
that director's
action is the subject of the appeal. The notice
of appeal shall be filed
within sixty days after service of the
notice of the tax
assessment, reassessment,
valuation,
determination, finding, computation, or order by the
commissioner
or redetermination by the director has been given as provided in
section 5703.37, 5709.64, 5709.66, or 5733.42
or former sections 5709.64 and 5709.66 of the Revised Code.
The notice of such
appeal may be filed in person or by certified
mail,
express mail, or authorized delivery service. If the
notice
of such appeal is filed by certified mail, express mail, or
authorized delivery service as provided in section 5703.056 of the
Revised
Code, the date of the United States postmark placed on the
sender's receipt by
the postal service
or the date of receipt
recorded by the authorized delivery
service shall be treated as
the date of filing. The notice of appeal shall
have attached
thereto and incorporated therein by reference a
true copy of the
notice sent by the commissioner or director to
the taxpayer,
enterprise, or other person of
the final determination or
redetermination complained of, and shall also
specify the errors
therein complained of, but failure to attach a copy of such
notice
and incorporate it by reference in the notice of appeal
does not
invalidate the appeal.
Upon the filing of a notice of appeal, the tax commissioner
or the director, as appropriate, shall certify to the board a
transcript of the record of the proceedings before the
commissioner or director, together with all evidence considered by
the commissioner or director in connection therewith. Such
appeals or applications may be heard by the board at its office in
Columbus or
in the county where the appellant resides, or it may
cause its examiners to
conduct such hearings and to
report to it
their findings for affirmation or rejection. The
board may order
the appeal to be heard upon the record and the
evidence certified
to it by the commissioner or director, but
upon the application of
any interested party the board shall
order the hearing of
additional evidence, and it may make such
investigation concerning
the appeal as it considers proper.
Sec. 5717.03. (A) A decision of the board of tax appeals on an
appeal filed with it pursuant to section 5717.01, 5717.011, or 5717.02 of
the Revised Code shall be entered of record on the journal
together with the date when the order is filed with the secretary
for journalization.
(B) In case of an appeal from a decision of a county board of
revision, the board of tax appeals shall determine the taxable
value of the property whose valuation or assessment by the county
board of revision is complained of, or in the event the complaint
and appeal is against a discriminatory valuation, shall determine
a valuation which shall correct such discrimination, and shall
determine the liability of the property for taxation, if that
question is in issue, and its the board of tax appeals's decision and the date when it was
filed with the secretary for journalization shall be certified by
it the board by certified mail to all persons who were parties to the
appeal before it the board, to the person in whose name the property is
listed, or sought to be listed, if such person is not a party to
the appeal, to the county auditor of the county in which the
property involved in the appeal is located, and to the tax
commissioner.
In correcting a discriminatory valuation, the board of tax
appeals shall increase or decrease the value of the property
whose valuation or assessment by the county board of revision is
complained of by a per cent or amount which will cause such
property to be listed and valued for taxation by an equal and
uniform rule.
(C) In the case of an appeal from a review, redetermination, or
correction of a tax assessment, valuation, determination,
finding, computation, or order of the tax commissioner, the order
of the board of tax appeals and the date of the entry thereof
upon its journal shall be certified by it the board by certified mail to
all persons who were parties to the appeal before it the board, the person
in whose name the property is listed or sought to be listed, if
the decision determines the valuation or liability of property
for taxation and if such person is not a party to the appeal, the
taxpayer or other person to whom notice of the tax assessment,
valuation, determination, finding, computation, or order, or
correction or redetermination thereof, by the tax commissioner
was by law required to be given, the director of budget and
management, if the revenues affected by such decision would
accrue primarily to the state treasury, and the county auditors
of the counties to the undivided general tax funds of which the
revenues affected by such decision would primarily accrue.
(D) In the case of an appeal from a final determination of a tax administrator, the order of the board of tax appeals and the date of the entry thereof upon the board's journal shall be certified by the board by certified mail to all persons who were parties to the appeal before the board.
(E) In the case of all other appeals or applications filed with
and determined by the board its, the board's order and the date when it the order was
filed by the secretary for journalization shall be certified by
it the board by certified mail to the person who is a party to such appeal
or application, to such persons as the law requires, and to such other
persons as the board deems proper.
(F) The orders of the board may affirm, reverse, vacate,
modify, or remand the tax assessments, valuations,
determinations, findings, computations, or orders complained of
in the appeals determined by it the board, and its the board's decision shall become
final and conclusive for the current year unless reversed,
vacated, or modified as provided in section 5717.04 of the
Revised Code. When an order of the board becomes final the tax
commissioner and all officers to whom such decision has been
certified shall make the changes in their tax lists or other
records which the decision requires.
(G) If the board finds that issues not raised on the appeal are
important to a determination of a controversy, it the board may remand the
cause for an administrative determination and the issuance of a
new tax assessment, valuation, determination, finding,
computation, or order, unless the parties stipulate to the
determination of such other issues without remand. An order
remanding the cause is a final order, which may be appealed to
the court of appeals in Franklin county.
Sec. 5719.07. Subject to the rules prescribed by the tax commissioner, a
county treasurer charged with the collection of delinquent taxes may issue a
certificate of release of the lien provided for in section 5719.04 of the
Revised Code if the amount secured thereby has been paid or omitted from the
delinquent tax list and duplicate pursuant to section 5719.06 of the Revised
Code. The treasurer shall issue a certificate of partial discharge of any
part of the real property subject to the lien if he finds after
finding that the value of
the part of the property remaining subject to the lien is at least double the
amount of the delinquent taxes and all prior liens upon such real property.
Such certificate shall be filed and recorded with the county recorder of the
county in which the notice of lien has been filed, for which recording the
recorder shall charge a base fee of two dollars for services and a housing trust fund fee of two dollars pursuant to section 317.36 of the Revised Code.
Sec. 5725.01. As used in sections 5725.01 to 5725.26 of
the Revised Code:
(A) "Financial institution" means:
(1) A national bank organized and existing as a national bank association
pursuant to the "National Bank Act," 12 U.S.C. 21;
(2) A federal savings association or federal savings bank that is chartered
under 12 U.S.C. 1464;
(3) A bank, banking association, trust company, savings and loan association,
savings bank, or other banking institution that is incorporated or organized
under the laws of any state;
(4) Any corporation organized under 12 U.S.C. 611 to 631;
(5) Any agency or branch of a foreign depository as defined in 12 U.S.C. 3101;
(6) A company licensed as a small business investment company under the
"Small
Business Investment Act of 1958," 72 Stat. 689, 15 U.S.C. 66l, as amended; or
(7) A company chartered under the "Farm Credit Act of 1933," 48 Stat. 257, 12
U.S.C. 1131(d), as amended.
Corporations or institutions organized under the "Federal Farm Loan Act" and
amendments thereto, insurance companies, and credit unions shall not be
considered financial institutions or dealers in intangibles within the meaning
of such sections.
(B) "Dealer in intangibles" includes every person who
keeps an office or other place of business in this state and
engages at such office or other place engaging in the business of lending
money, or discounting, buying, or selling bills of exchange,
drafts, acceptances, notes, mortgages, or other evidences of
indebtedness, or of buying or selling bonds, stocks, or other
investment securities, whether on the person's own account
with a view to
profit, or as agent or broker for others, with a view to profit
or personal earnings. Dealer in intangibles excludes
institutions used exclusively for charitable purposes, insurance
companies, and financial institutions. Neither casual nor
isolated transactions of any of the kinds enumerated in this
division of this section, nor the investment of funds as personal
accumulations or as business reserves or working capital
constitute engaging in business within the meaning of this
division of this section; but a person who, having engaged in the
business of lending money, or discounting, buying, or selling
bills of exchange, drafts, acceptances, notes, mortgages, or
other evidences of indebtedness on the person's own account,
remains in
business for the purpose of realizing upon the assets of such
business is deemed a dealer in intangibles, though not presently
engaged in lending money or discounting or buying such
securities.
(C) "Insurance company" includes every corporation,
association, and society engaged in the business of insurance of
any character, or engaged in the business of entering into
contracts substantially amounting to insurance of any character,
or of indemnifying or guaranteeing against loss or damage, or
acting as surety on bonds or undertakings. "Insurance company" also
includes any health insuring corporation as defined in section 1751.01 of the
Revised Code.
(D) "Domestic insurance company" includes every insurance
company organized and existing under the laws of this state, and
every unincorporated association and society formed under the
laws of this state for the purpose of engaging in said business,
except a company, association, or society that is an insurance
holding company affiliate controlled by a nonresident affiliate
and has risks in this state formerly written by its foreign
affiliates in a total amount exceeding the risks outstanding on
the taxpayer's latest annual report that arise from business
initially written by it in this state; and excludes every foreign
insurance company. As used in this division, terms defined in
section 3901.32 of the Revised Code have the same meanings given
to them in that section.
(E) "Foreign insurance company" includes every insurance
company organized or existing under the laws of any other state,
territory, country, or the United States and every insurance
holding company affiliate excepted under division (D) of this
section.
Sec. 5725.14. (A) As used in this section and section
5725.15 of the Revised Code:
(1) "Billing address" of a customer means one of the
following:
(a) The customer's address as set forth in any notice,
statement, bill, or similar acknowledgment shall be presumed to be
the address where the customer is located with respect to the
transaction for which the dealer issued the notice, statement,
bill, or acknowledgment.
(b) If the dealer issues any notice, statement, bill, or
similar acknowledgment electronically to an address other than a
street address or post office box address or if the dealer does
not issue such a notice, statement, bill, or acknowledgment, the
customer's street address as set forth in the records of the
dealer at the time of the transaction shall be presumed to be the
address where the customer is
located.
(2) "Commissions" includes but is not limited to brokerage
commissions, asset management fees, and similar fees charged in
the regular course of business to a customer for the maintenance
and management of the customer's account.
(3) "Gross receipts" means one of the following:
(a) In the case of a dealer in intangibles principally
engaged in the business of lending money or discounting loans, the
aggregate amount of loans effected or discounted;
(b) In the case of a dealer in intangibles principally
engaged in the business of selling or buying stocks, bonds, or
other similar securities either on the dealer's own account or as
agent for another, the aggregate amount of all commissions
charged.
(B) Divisions (B)(1), (2), and (3) of this section apply only through the 2003 return year.
(1) Each dealer in intangibles shall return to
the tax
commissioner between the first and second Mondays of
March,
annually, a report exhibiting in detail, and under
appropriate
heads,
the dealer's resources and liabilities at
the close of
business on the thirty-first day of December next preceding. In
the case of an unincorporated dealer in intangibles, such report
shall also exhibit the amount or value as of the date of
conversion of all property within the year preceding the date of
listing, and on or after the first day of November converted into
bonds or other securities not taxed to the extent such nontaxable
bonds or securities may be shown in
the dealer's resources
on
such date,
without deduction for indebtedness created in the
purchase of
such nontaxable bonds or securities.
If a dealer in intangibles maintains separate business
offices, whether within this state only or within and without
this
state,
the report shall also show the gross receipts from
business done at each such office during the year ending on the
thirty-first day of December next preceding.
For the purposes of this section and section
5725.15 of the
Revised
Code, business is considered done at an
office when it
originates
at such office, but the receipts from
business
originating at one
office and consummated at another
office shall
be divided
equitably between such offices.
(C)(2) For the purposes of this section and section 5725.15 of
the Revised Code, in the case of a dealer in intangibles
principally engaged in the business of selling or buying stocks,
bonds, or other similar securities either on the dealer's own
account or as agent for another, the dealer's
capital, surplus,
and undivided profits employed in this state
shall bear the same
ratio to the dealer's total capital, surplus,
and undivided
profits employed everywhere as the amount described in division
(C)(1)(B)(2)(a)
of this section bears to the amount described in division
(C)(2)(B)(2)(b)
of this section:
(1)(a) The sum of the commissions earned during the year
covered by the report from transactions with respect to brokerage
accounts owned by customers having billing addresses in this
state;
(2)(b) The sum of the commissions earned during that year from
transactions with respect to brokerage accounts owned by all of
the dealer's customers.
(D)(3) An incorporated dealer in intangibles which owns or
controls fifty-one per cent or more of the common stock of
another
incorporated dealer in intangibles may, under uniform
regulations
prescribed by the tax commissioner, make a
consolidated return for
the purpose of sections 5725.01 to
5725.26, inclusive, of the
Revised Code. In such case the parent
corporation making such
return is not required to include in its
resources any of the
stocks, securities, or other obligations of
its subsidiary
dealers, nor permitted to include in its
liabilities any of its
own securities or other obligations
belonging to its subsidiaries.
Sec. 5725.25. (A) The real estate of a domestic insurance
company shall be taxed in the place where it is located, the same
as the real estate of other persons is taxed, but the tax
provided
for by sections 5725.01 to 5725.26 of the Revised Code,
shall be
in lieu of all other taxes on the other property and
assets of
such domestic insurance company, except as provided in
division
(B) of this section, and of all other taxes, charges,
and excises
on such domestic insurance companies, and all other
taxes on the
stockholders, members, or policyholders of such
company by reason
of their stock or other interest in such
insurance company, except
as to annuities or the right to receive
the proceeds of a policy
payable after its maturity in
installments, or left with the
company at interest. Sections
5725.01 to 5725.26 of the Revised
Code do not assess any tax on
any foreign insurance company or
affect any tax on a foreign
insurance company under any laws of
this state.
(B) Tangible personal property taxable under Chapter 5711.
of the Revised Code shall be subject to taxation if it is owned
by
a domestic insurance company and leased or held for the
purpose of
leasing to a person other than an insurance company
for use in
business.
(C) For reports required to be filed under section 5725.14
of the Revised Code in 2003 and thereafter, nothing in this
section shall be construed to exempt the property of any
dealer in
intangibles under section 5725.13 of the Revised Code from the
tax imposed under section 5707.03
of the Revised Code.
Sec. 5725.26. The real estate of a financial institution or
dealer in
intangibles shall be taxed in the place where it is
located, the same as the
real estate of persons is taxed, but the
taxes tax provided for in Chapters 5725.
and Chapter 5733. of the Revised
Code, shall be in lieu of all other taxes on the
other
property
and assets of such institution or dealer, except personal property
taxable under Chapter 5711. of the Revised Code and leased, or
held for the
purpose of leasing, to others if the owner or lessor
of the property acquired
it for the sole purpose of leasing it to
others.
For reports required to be filed under section 5725.14 of the
Revised Code in 2003 and thereafter, nothing in this section shall
be construed to exempt the property of any
dealer in intangibles
under section 5725.13 of the Revised Code from the tax imposed
under section 5707.03
of the Revised Code.
Sec. 5727.01. As used in this chapter:
(A)
"Public utility" means each person referred to as a
telephone company, telegraph company, electric company, natural
gas company, pipe-line company, water-works company, water
transportation company, heating company, rural electric company,
railroad company, or combined company.
(B)
"Gross receipts" means the entire receipts for
business
done by any person from operations as a public utility,
or
incidental thereto, or in connection therewith, including any
receipts received under Chapter 4928. of the Revised Code. The
gross
receipts for business done by an incorporated company
engaged in
operation as a public utility includes the entire
receipts for
business done by such company under the exercise of
its corporate
powers, whether from the operation as a public
utility or from
any other business.
(C)
"Rural electric company" means any nonprofit
corporation,
organization, association, or cooperative engaged in
the business
of supplying electricity to its members or persons
owning an
interest therein in an area the major portion of which
is rural.
(1) Is a telegraph company when engaged in the business of
transmitting telegraphic messages to, from, through, or in this
state;
(2) Is a telephone company when primarily engaged in the
business of providing local exchange telephone service, excluding
cellular radio service, in this state;
(3)(2) Is an electric company when engaged in the business of
generating, transmitting, or distributing electricity within this
state for use by others, but excludes a rural electric company;
(4)(3) Is a natural gas company when engaged in the business
of
supplying
or distributing natural gas for lighting, power, or
heating purposes
to consumers within this state, excluding a
person that is a governmental aggregator or retail natural gas
supplier as defined in section 4929.01 of the Revised Code;
(5)(4) Is a pipe-line company when engaged in the business of
transporting natural gas, oil, or coal or its derivatives through
pipes or tubing, either wholly or partially within this state;
(6)(5) Is a water-works company when engaged in the business
of
supplying water through pipes or tubing, or in a similar
manner,
to consumers within this state;
(7)(6) Is a water transportation company when engaged in the
transportation of passengers or property, by boat or other
watercraft, over any waterway, whether natural or artificial,
from
one point within this state to another point within this
state, or
between points within this state and points without
this state;
(8)(7) Is a heating company when engaged in the business of
supplying water, steam, or air through pipes or tubing to
consumers within this state for heating purposes;
(9)(8) Is a railroad company when engaged in the business of
owning or operating a railroad either wholly or partially within
this state on rights-of-way acquired and held exclusively by
such
company, or otherwise, and includes a passenger, street,
suburban,
or interurban railroad company.
As used in division (D)(2)(1) of this section,
"local exchange
telephone service" means making available or furnishing access
and
a dial tone to all persons within a local calling area for
use in
originating and receiving voice grade communications over
a
switched network operated by the provider of the service within
the area and for gaining access to other telecommunication
services.
(E)
"Taxable property" means the real property and tangible personal property required by
section
5727.06 of the Revised Code to be assessed by the tax
commissioner, but. The exemption provided in division (C)(3) of section 5709.01 of the Revised Code does not apply to such property. "Taxable property" does not include either of the following:
(1) An item of tangible personal property that for the
period subsequent to the effective date of an air, water, or
noise
pollution control certificate and continuing so long as the
certificate is in force, has been certified as part of the
pollution control facility with respect to which the certificate
has been issued;
(2) An item of tangible personal property that during the
construction of a plant or facility and until the item is first
capable of operation, whether actually used in operation or not,
is incorporated in or being held exclusively for incorporation in
that plant or facility.
(F)
"Taxing district" means a municipal corporation of
or township, or part thereof, in which the aggregate rate of
taxation
is uniform.
(G)
"Telecommunications service" has the same meaning as
in
division (AA) of section 5739.01 of the Revised Code.
(H)
"Interexchange telecommunications company" means a
person
that is engaged in the business of transmitting telephonic
messages to, from, through, or in this state, but that is not a
telephone company.
(I)
"Sale and leaseback transaction" means a transaction
in
which a public utility or interexchange telecommunications
company
sells any tangible personal property to a person other
than a
public utility or interexchange telecommunications company
and
leases that property back from the buyer.
(J)
"Production equipment" means all taxable steam, nuclear,
hydraulic, and other production plant equipment used to generate
electricity.
For tax years prior to 2001,
"production equipment"
includes
taxable station equipment that is located at a production
plant.
(K)
"Tax year" means the year for which property or gross
receipts are subject to assessment under this chapter. This
division does not
limit the tax commissioner's ability to assess
and value property or gross
receipts outside the tax year.
(L)
"Combined company" means any person engaged in the
activity
of an electric company or rural electric company that is
also engaged in the
activity of a heating company or a natural gas
company, or any combination
thereof.
Sec. 5727.06. (A) Except as otherwise provided by law,
the following constitutes the taxable property of a public
utility or interexchange telecommunications company that shall be
assessed by the tax commissioner:
(1) In the case of a railroad company, all real property
and tangible personal property owned or operated by the railroad
company in this state on the thirty-first day of December of the
preceding year;
(2) In the case of a water transportation company, all tangible personal
property, except watercraft, owned or operated by the water transportation
company in this state on the thirty-first day of December of the preceding
year, and, notwithstanding division (B)(2) of section 5709.01 of the Revised Code, all watercraft owned or operated by the water transportation company
in this state during the preceding calendar year, with only the watercraft, including non-watercraft property, that is located in this state on the thirty-first day of December of the preceding year being apportioned under division (D) of section 5727.15 of the Revised Code;
(3) In the case of all other public utilities and
interexchange telecommunications companies, all tangible personal
property that on the thirty-first day of December of the
preceding year was both located in this state and:
(a) Owned by the public utility or interexchange
telecommunications company; or
(b) Leased by the public utility or interexchange
telecommunications company under a sale and leaseback
transaction.
(B) In the case of an interexchange telecommunications
company, all taxable property shall be subject to the provisions
of this chapter and shall be valued by the commissioner in
accordance with division (A) of section 5727.11 of the Revised
Code. A person
described
by this division shall file the report required by section
5727.08 of the Revised Code. Persons described in this division
shall not be considered taxpayers, as defined in division (B) of
section 5711.01 of the Revised Code, and shall not be required to
file a return and list their taxable property under any provision
of Chapter 5711. of the Revised Code.
(C) The lien of the state for taxes levied each year on
the real and personal property of public utilities and
interexchange telecommunications companies shall attach thereto
on the thirty-first day of December of the preceding year.
(D) Property that is required by division (A)(3)(b) of
this section to be assessed by the tax commissioner under this
chapter shall not be listed by the owner of the property under
Chapter 5711. of the Revised Code.
(E) The tax commissioner may adopt rules governing the
listing of the taxable property of public utilities and
interexchange telecommunications companies and the determination
of true value.
Sec. 5727.111. The taxable property of each public
utility,
except a railroad company, and of each interexchange
telecommunications company shall be assessed at the following
percentages of true value:
(A)(1) Except as provided in division
(A)(2) of this
section, fifty per cent in the case of a rural
electric company;
(2) For tax year 2001 and thereafter, fifty per cent in the
case of
the taxable transmission and
distribution property of a
rural electric
company, and twenty-five per cent for all its other
taxable
property;
(B) In the case of a telephone or telegraph company,
twenty-five
per cent for taxable property first subject to
taxation in this state for tax
year 1995 or thereafter, and
eighty-eight per cent the following for all other taxable
property;:
(1) For tax years prior to 2005, eighty-eight per cent;
(2) For tax year 2005, sixty-seven per cent;
(3) For tax year 2006, forty-six per cent;
(4) For tax year 2007 and thereafter, twenty-five per cent.
(C)(1) Except as provided in division
(C)(2) of this
section, eighty-eight per cent in the case of a
natural gas
company;
(2) For tax year 2001 and thereafter, twenty-five Twenty-five per cent
in the
case of a natural gas company, interexchange telecommunications company, and water transportation company.
(D) Eighty-eight per cent in the case of a pipe-line,
water-works, or heating company;
(E)(1) Except as provided in division
(E)(2) or (3) of this
section, one hundred per cent in the
case of the taxable
production equipment of an electric company and
eighty-eight per
cent for all its other taxable property;
(2) For tax year 2001 and thereafter, eighty-eight per cent
in
the
case of
the taxable transmission and distribution property
of an
electric company, and twenty-five per cent for all its
other
taxable
property;
(3) Property listed and assessed under divisions (B)(1)
and
(2) of section 5711.22 of the Revised Code and leased to an
electric
company shall
continue to be assessed at one hundred per
cent for production equipment and
eighty-eight per cent for all
such other taxable property until January
1, 2002.
(F) Twenty-five per cent in the case of an
interexchange
telecommunications company;
(G) Twenty-five per cent in In the case of a water
transportation pipe-line company:
(1) For tax years prior to 2005, eighty-eight per cent;
(2) For tax year 2005, sixty-seven per cent;
(3) For tax year 2006, forty-six per cent;
(4) For tax year 2007 and thereafter, twenty-five per cent.
Sec. 5727.15. When all the taxable property of a public
utility is located in one taxing district, the tax commissioner
shall apportion the total taxable value thereof to that taxing
district.
When taxable property of a public utility is located in
more than one taxing district, the commissioner shall apportion
the total taxable value thereof among the taxing districts as
follows:
(A)(1) In the case of a telegraph, an interexchange
telecommunications, or a telephone company that owns miles of wire in
this state, the value apportioned
to each taxing district shall be the same percentage of the total
value apportioned to all taxing districts as the miles of wire
owned by the company within the taxing district are to the total
miles of wire owned by the company within this state;
(2) In the case of a telegraph, an interexchange telecommunications,
or a telephone company that does not own miles of wire in this state, the value
apportioned to each taxing district shall be the same percentage of the total
value apportioned to all taxing districts as the cost of the taxable property
physically located in the taxing district is of the total cost of all taxable
property physically located in this state.
(B) In the case of a railroad company:
(1) The taxable value of real and personal property not
used in railroad operations shall be apportioned according to its
situs;
(2) The taxable value of personal property used in
railroad operations shall be apportioned to each taxing district
in proportion to the miles of track and trackage rights, weighted
to reflect the relative use of such personal property in each
taxing district;
(3) The taxable value of real property used in railroad
operations shall be apportioned to each taxing district in
proportion to its relative value in each taxing district.
(C)(1) Prior to tax year 2001, in
the case of an electric company:
(a) Seventy per cent of the taxable value of all
production
equipment and of all station equipment that is not production equipment shall
be apportioned to the
taxing district in which such property is physically located; and
(b) The remaining value of such property, together with the value
of all other taxable personal property, shall be apportioned to each taxing
district in the per cent
that the cost of all transmission and distribution property physically located
in the taxing district
is of the total cost of all transmission and distribution property
physically located in this state.
(c) If an electric company's taxable value for the current year
includes the value of any production equipment at a plant at which the initial
cost of the plant's production equipment
exceeded one billion dollars, then prior to
making the apportionments required for that company by division
(C)(1)(a) and (b) of this section, the
tax commissioner
shall do the following:
(i) Subtract four hundred twenty million dollars from the total
taxable value of the production equipment at that plant for the current
tax year.
(ii) Multiply the difference thus obtained by a fraction, the
numerator of which is the portion of the taxable value of that plant's
production equipment included
in the company's total value for the current tax year, and the
denominator of which is the total taxable value of such equipment
included in the total taxable value of all electric companies for
such year;
(iii) Apportion the product thus obtained to taxing districts in
the manner prescribed in division (C)(1)(b)
of this section.
(iv) Deduct the amounts so apportioned from the taxable value of
the company's production equipment at the plant, prior to making the
apportionments required by
divisions (C)(1)(a) and (b) of this
section.
For purposes of division (C)(1)(c) of this
section, "initial cost"
applies only to production equipment of plants placed in commercial
operation on or after January 1, 1987, and means the cost
of all production equipment at a plant for the first year the plant's
equipment was subject
to taxation.
(2) For tax year 2001 and thereafter, in the case of an electric
company:
(a) The taxable value of all production
equipment shall be apportioned to the taxing district in which
such property is physically located; and
(b) The value of
taxable personal property, other than production
equipment, shall
be apportioned to
each taxing district in the proportion that the cost of
such other taxable personal property
physically located in each
taxing district is of the total cost of such other taxable
personal
property
physically located in this
state.
(D) In the case of all other public utilities, the value
of the taxable personal property to be apportioned shall be apportioned to each
taxing district in the proportion to that the cost of the taxable personal property physically located in each taxing district is of the entire value of such
total cost of all taxable personal property within physically located in this state.
Sec. 5727.24. (A) For the purpose of providing revenue to
meet the needs of the state, on and after May 1,
2000, an excise tax is hereby levied on the gross
receipts of a natural gas company and on the gross receipts of a
combined company from operating as a natural gas
company. The tax shall be computed by
multiplying the taxable gross receipts as determined under section
5727.33 of the Revised Code by four and
three-fourths per cent. A combined company shall be
subject
to this tax on any gross receipts derived from operating as a natural gas
company, as determined under division (D) of section
5727.03 of the Revised Code, and, if
applicable, shall be subject to the tax imposed by section 5727.30
of
the Revised Code for all other gross receipts.
(B)(1) For the purpose of providing revenue to meet the needs of the state, on and after July 1, 2003, an excise tax is hereby levied on the gross receipts of a pipe-line company. The tax shall be computed as follows:
(a) Multiply all gross receipts received by a pipe-line company that are not related to the storage of natural gas or oil by the percentage of pipeline miles owned and used in this state by the pipe-line company to generate that revenue in proportion to that owned and used everywhere by the pipe-line company to generate that revenue;
(b) Add to that any gross receipts received related to the storage of gas or oil in this state, including, but not limited to, charges for injection, storage, and withdrawal;
(c) Multiply the sum of divisions (B)(1)(a) and (b) of this section by four and three-fourths per cent.
(2) Gross receipts derived from the sale of natural gas or oil by a pipe-line company shall not be included in the pipe-line company's gross receipts under division (B)(1)(a) of this section. Such sales are subject to the sales or use tax, as appropriate, under Chapter 5739. or 5741. of the Revised Code.
(3) As used in division (B) of this section, "pipeline miles" means the pipeline miles reported by a pipe-line company in its annual report to the appropriate federal regulatory agency, or, if the pipe-line company does not file a federal report, to the public utilities commission of Ohio, for the year preceding the period for which a return is being filed under section 5727.25 of the Revised Code.
Sec. 5727.25. (A) Except as provided in division (B) of
this
section, within forty-five days after the last day of March,
June,
September, and December, each natural gas company or,
combined
company, or pipe-line company subject to the excise tax imposed by section
5727.24 of the Revised Code shall file a return
with the treasurer
of state, in such form as the tax commissioner prescribes,
and pay
the full amount of the tax due on its taxable gross receipts
for
the preceding calendar
quarter, except that the
first payment of
this tax shall be made on or before
November 15, 2000, for the
five-month period of May 1,
2000, to September 30, 2000. All
payments made under this
division shall be made by
electronic
funds transfer in accordance with section 5727.311 of the
Revised
Code.
(B) Any natural gas company or, combined company, or pipe-line company
subject to
the excise tax imposed by this section
that has an annual
tax
liability for the preceding calendar year ending on the
thirty-first day of December
of less than three
hundred
twenty-five thousand dollars may elect to file an
annual return
with the treasurer of state, in such form as the tax commissioner
prescribes, for the next year. A company that elects to file an
annual return for the calendar year shall file the return and
remit the
taxes due on its taxable gross receipts
within
forty-five days after the thirty-first day of December. The
first
payment of
the tax under this division for a pipe-line company shall be made on or before
February
14, 2001 2004, for the period of May July 1, 2000 2003, to
December 31,
2000 2003. The minimum tax
for a natural gas company or, combined
company, or pipe-line company subject
to this
division shall be
fifty dollars equal to the minimum tax imposed that year under division (E) of section 5733.06 of the Revised Code, and the
company shall not be required to
remit the tax due by
electronic
funds
transfer.
(C) A return required to be filed under division (A) or (B)
of
this section shall show the amount of tax due from the company
for the period
covered by the return and any other information as
prescribed by the tax
commissioner. A return shall be considered
filed when received by the treasurer of state. The commissioner
may extend the time for making and filing returns and paying the
tax.
(D) Any natural gas company or, combined company, or pipe-line company
that fails
to file a return or pay the full amount of the tax due
within the
period prescribed under this section shall pay an
additional
charge of fifty dollars, or ten per cent of the tax
required to be
paid for the reporting period, whichever is
greater. If any tax
due is not paid timely in accordance with this
section, the
company liable for the tax shall pay interest,
calculated at the
rate per annum prescribed by section 5703.47 of
the Revised Code,
from the date the tax payment was due to the
date of payment or to
the date an assessment was issued, whichever
occurs first. The
tax commissioner may collect any additional
charge or interest
imposed by this section by assessment in the
manner provided in
section 5727.26 of the Revised Code. The
commissioner may abate
all or a portion of the additional charge and may
adopt rules
governing such abatements.
(E) The taxes, additional charges, penalties, and interest
collected under sections 5727.24 to 5727.29 of the Revised
Code
shall be credited in
accordance with section 5727.45 of the
Revised Code.
Sec. 5727.26. (A) The tax commissioner may make an
assessment,
based on any information in the commissioner's
possession, against any natural
gas company or, combined company, or pipe-line company
that fails to file a return
or pay any tax, interest, or
additional charge as required by sections 5727.24
to 5727.29 of
the Revised Code. The
commissioner shall give the company
assessed written notice of the assessment
in the manner
provided
in section
5703.37
of the Revised Code.
With the notice,
the
commissioner
shall provide instructions on how to petition for
reassessment and
request a hearing on the petition. A penalty of
up to fifteen per
cent
may be added to all amounts assessed under
this section. The
tax
commissioner may adopt rules providing for
the imposition and
remission of the penalty.
(B)
Unless the company assessed, within sixty days after
service of the notice of assessment, files with
the tax
commissioner, either personally or by certified mail, a
written
petition
signed by the
company's authorized agent
having
knowledge of the
facts,
the
assessment
becomes final, and the
amount of the assessment is due
and payable from the company
assessed to the treasurer of state.
The petition shall indicate
the objections of the company
assessed, but additional objections
may be raised in writing if
received
by the commissioner prior to
the date shown on
the final
determination.
If a
petition for reassessment has been
properly filed, the
commissioner shall
proceed under
section
5703.60 of
the Revised
Code.
(C) After an assessment becomes final, if any portion of
the
assessment, including accrued interest, remains unpaid, a
certified copy of
the tax commissioner's entry making the
assessment final
may be filed in the office of the clerk of the
court of common
pleas in the county in which the natural gas
company's or combined
company's principal place of business is
located,
or in the office of the clerk of the court of common pleas of
Franklin
county.
Immediately upon the filing of the
entry,
the clerk shall
enter
judgment for the state against
the company assessed in the
amount
shown
on the entry. The
judgment may be filed by the clerk
in a
loose-leaf
book entitled,
"special judgments for the public
utility excise
tax on natural
gas and companies, combined companies, and pipe-line companies," and
shall
have the same effect as
other judgments.
Execution shall
issue upon the judgment at the
request of the tax
commissioner,
and all laws applicable to sales
on execution shall
apply to sales
made under the judgment.
The portion of the assessment not paid within sixty days
after the day the assessment was issued shall bear interest at the
rate per
annum prescribed by section 5703.47 of the Revised Code
from
the day the tax commissioner issues the assessment until it
is paid. Interest
shall be paid in the same manner as the tax and
may be collected by the
issuance
of an assessment under this
section.
(D) If the tax commissioner believes that collection of
the
tax
will be jeopardized unless proceedings to collect or
secure
collection of the tax are instituted without delay, the
commissioner may issue a jeopardy assessment against the
company
liable for the tax.
Immediately upon the issuance of
the jeopardy
assessment, the
commissioner
shall file
an entry with the clerk
of the
court of common pleas in the manner
prescribed by division
(C) of
this section. Notice of the
jeopardy assessment shall be
served
on the
company
assessed
or the
company's authorized agent
in the manner
provided in section 5703.37 of the Revised Code
within
five days
of the filing of the entry with the clerk. The
total
amount
assessed is immediately due and payable, unless the
company
assessed files a petition for reassessment in
accordance
with
division (B) of this section and provides security
in a form
satisfactory to the commissioner and in an amount
sufficient to
satisfy the
unpaid balance of the
assessment. Full
or partial
payment of the assessment does not prejudice the
commissioner's
consideration of the petition for reassessment.
(E) All interest collected by the tax commissioner under
this
section shall be paid to the treasurer of state, and when
paid
shall be considered revenue arising from the tax imposed by
section 5727.24 of the Revised Code.
(F) No assessment shall be made or issued against a
natural
gas
company or, combined company, or pipe-line company for the tax imposed by
section
5727.24 of the Revised Code more than four years
after the
return
date for the period in which the tax was reported, or more
than
four years after the return for the period
was filed,
whichever is
later.
Sec. 5727.27. Every natural gas company or, combined company, or pipe-line company liable for the tax
imposed by section 5727.24 of the
Revised
Code shall keep complete and accurate records as prescribed by the
tax commissioner. The records shall be preserved for four years after the
return for the tax to
which the records pertain is due or filed, whichever is later.
The natural gas company or combined company shall
make the records available for inspection by the commissioner or
the commissioner's agent, on the request of the commissioner or
agent.
Sec. 5727.28. (A) The treasurer of state shall refund to a
natural gas company or, combined company, or pipe-line company subject to the
tax
imposed
by section 5727.24
of the Revised Code, the amount of tax paid
illegally or
erroneously, or paid on an illegal or
erroneous
assessment. Applications for a refund shall be filed
with the tax
commissioner, on a form prescribed by the
commissioner, within
four years of the illegal or erroneous
payment of the tax.
On the filing of the application, the
commissioner
shall
determine the amount of refund
to which
the applicant is
entitled. If the amount is not less than that
claimed, the
commissioner shall certify
the amount to the
director of budget
and management and treasurer
of state for
payment
from the tax
refund fund under section
5703.052 of the
Revised
Code.
If
the
amount is less than that claimed, the
commissioner shall proceed
in accordance with section 5703.70 of
the Revised Code.
If the application for refund is
for taxes paid on an illegal
or erroneous assessment, the
commissioner shall
include in the
certified amount interest
calculated at the rate per annum
prescribed
by section 5703.47
of the Revised Code from
the
date
of overpayment to the date of
the commissioner's
certification.
(B) If a natural gas company or, combined company, or pipe-line company
entitled to
a refund of taxes under this section, or section 5703.70 of the
Revised Code, is indebted to the state for
any tax or fee
administered by the tax
commissioner that is paid
to the state, or
any charge, penalty, or
interest arising from such
a tax or fee,
the amount refundable may
be applied in satisfaction
of that debt.
If the amount refundable
is less than the amount of
the debt, it
may be applied in partial
satisfaction of the debt.
If the amount
refundable is greater
than the amount of the debt,
the amount
remaining after
satisfaction of the debt shall be
refunded.
(C) In lieu of granting a refund under division (A) or
(B)
of
this section, the tax commissioner may allow a natural gas
company or combined
company to claim a credit of the amount of the
tax
refund on
the return for the period during
which the tax
became refundable. The commissioner may require the
company to
submit information to support a claim for a credit
under this
division, and the commissioner may disallow the credit
if the
information is not provided.
Sec. 5727.30. (A) Except as provided in divisions
(B) and (C) to (F) of this section, each public utility, except
railroad companies,
shall be subject
to an annual excise tax, as provided by sections 5727.31 to 5727.62 of the
Revised Code, for the privilege of owning property in this state or doing
business in this state during the twelve-month period next succeeding the
period upon which the tax is based. The tax shall be imposed against each
such public utility that, on the first day of such twelve-month period, owns
property in this state or is doing business in this state, and the lien for
the tax, including any penalties and interest accruing thereon, shall attach
on such day to the property of the public utility in this state.
(B) An electric company's or
a rural electric company's gross receipts
received after April 30, 2001, are not subject to the annual excise
tax imposed by this section.
(C) A natural gas company's gross receipts received after
April
30, 2000, are not subject to the annual excise tax imposed by this
section.
(D) A pipe-line company's gross receipts received after June 30, 2003, are not subject to the annual excise tax imposed by this section. Notwithstanding any other provision of law, gross receipts received by a pipe-line company from May 1, 2002, to June 30, 2003, shall be included in the pipe-line company's annual statement filed on or before August 1, 2003, which shall be the last statement or report filed under section 5727.31 of the Revised Code by a pipe-line company. The tax commissioner shall assess such receipts for that period as provided in section 5727.38 of the Revised Code. A pipe-line company's receipts received after June 30, 2003, shall be subject to taxation as provided under sections 5727.24 to 5727.28 of the Revised Code.
(E) A telephone company's gross receipts billed to customers after June 30, 2004, are not subject to the annual excise tax imposed by this section. Notwithstanding any other provision of law, gross receipts billed by a telephone company to customers prior to July 1, 2004, shall be included in the telephone company's annual statement filed on or before August 1, 2004, which shall be the last statement or report filed under section 5727.31 of the Revised Code by a telephone company. A telephone company shall not deduct from its gross receipts included in that last statement any receipts it was unable to collect from its customers for the period of July 1, 2003, to June 30, 2004.
(F) A water transportation company's gross receipts received after June 30, 2003, are not subject to the annual excise tax imposed by this section. Notwithstanding any other provision of law, gross receipts received by a water transportation company from May 1, 2002, to June 30, 2003, shall be included in the water transportation company's annual statement filed on or before August 1, 2003, which shall be the last statement or report filed under section 5727.31 of the Revised Code by a water transportation company. The tax commissioner shall assess such receipts for that period as provided in section 5727.38 of the Revised Code.
Sec. 5727.32. (A) For the purpose of the tax imposed
by section 5727.30 of the Revised Code, the statement
required by section 5727.31 of
the Revised Code shall contain:
(1) The name of the company;
(2) The nature of the company, whether a person,
association, or corporation, and under the laws of what state or
country organized;
(3) The location of its principal office;
(4) The name and post-office address of the president,
secretary, auditor, treasurer, and superintendent or general
manager;
(5) The name and post-office address of the chief officer
or managing agent of the company in this state;
(6) The amount of the excise taxes paid or to be paid with
the reports made during the current calendar year as provided by
section 5727.31 of the Revised Code;
(7) In the case of telegraph and telephone companies:
(a) The gross receipts from all sources, whether messages,
telephone tolls, rentals, or otherwise, for business done within
this state, including all sums earned or charged, whether
actually received or not, for the year ending on the thirtieth
day of June, and the company's proportion of gross receipts for
business done by it within this state in connection with other
companies, firms, corporations, persons, or associations, but
excluding all of the following:
(i) All of the receipts derived wholly from interstate
business or business done for or with the federal government;
(ii) The receipts of amounts billed on behalf of other
entities;
(iii) The receipts from sales to other telephone companies
for resale;
(iv) The receipts from sales to
providers of
telecommunications
service for resale, receipts from incoming or outgoing wide area
transmission service or wide area transmission type service,
including eight hundred or eight-hundred-type service, and
receipts from private communications service.
As used in this division, "receipts from sales to other
telephone companies for resale" and "receipts from sales to
providers of telecommunications service for resale" include but
are not limited to, receipts of carrier access charges. "Carrier
access charges" means compensation paid to the taxpayer telephone
company by another telephone company or by a provider of
telecommunications service for the use of the taxpayer's
facilities to originate or terminate telephone calls or
telecommunications service.
(b) The total gross receipts for such period from business
done within this state.
(8) In the case of all public utilities subject to the
tax imposed by section 5727.30 of the Revised Code,
except telegraph
and telephone companies:
(a) The gross receipts of the company, actually received,
from all sources for business done within this state for the year
next preceding the first day of May, including the company's
proportion of gross receipts for business done by it within this
state in connection with other companies, firms, corporations,
persons, or associations, but excluding all both of the following:
(i) Receipts from interstate business or business done for
the federal government;
(ii) Receipts from sales to another
public utility for
resale, provided such other public utility is subject to the tax
levied by section
5727.24 or 5727.30 of the Revised
Code;
(iii) Receipts from the transmission or delivery of electricity
to or for a rural electric company, provided that the electricity
that has been so transmitted or delivered is for resale by the
rural electric company. This division does not apply to tax years
2002 and thereafter.
(iv) Receipts of an electric company, derived from the provision
of electricity and other services to a qualified former owner of the
production facilities that
generated the electricity from which those receipts were derived.
This division does not apply to tax years 2002 and thereafter. As
used in this division, a "qualified former owner" means a person
who meets both of the following conditions:
(I) On or before October 11, 1991, the person had sold
to an
electric company part of the production facility at which the electricity is
generated, and, for at least twenty years prior to that
sale, the facility was used to generate electricity, but it was
not owned in whole or in part during that period by an electric
company.
(II) At the time the electric company provided the electricity or
other services for which the exclusion is claimed, the person, or
a successor or assign of the person, owned not less than twenty
per cent of the production facility and the rights to
not less than twenty per cent of the production of that facility;
and the person, or a successor or assign of the person, engaged
primarily in a business other than providing electricity to
others.
(v) Receipts of a combined company
derived from operating as a natural gas company
that is subject to
the tax imposed by section 5727.24 of the Revised Code.
(b) The total gross receipts of the
company, for the year next preceding the first day of
May, in this state from business done within the state.
(B) The reports required by section 5727.31 of the Revised Code
shall contain:
(1) The name and principal mailing address of the company;
(2) The total amount of the gross receipts excise taxes
charged or levied as based upon its last preceding annual
statement filed prior to the first day of January of the year in
which such report is filed;
(3) The amount of the excise taxes due with the report as
provided by section 5727.31 of the Revised Code.
Sec. 5727.33. (A) For the purpose of computing the excise
tax imposed by
section 5727.24 or 5727.30 of the Revised Code, the
entire gross receipts
actually received from all
sources for
business done within this state are taxable gross receipts,
excluding the receipts described in divisions (B), (C),
and (D), and
(E) of this section. The gross receipts for the
tax year of
each
telegraph and telephone company shall be computed for the period
of the
first day of July prior to the
tax year to the thirtieth
day of June of the tax year.
The gross receipts of each piple-line company or natural
gas company, including a combined
company's
taxable gross receipts
attributed to a natural gas company activity, shall be
computed in
the manner required by section
5727.25 of the Revised Code. The
gross
receipts for the tax year of any other
public utility
subject to section 5727.30 of the Revised
Code
shall be computed
for the period of the first
day of May prior to the tax year to
the
thirtieth day of April of
the tax year.
(B) In ascertaining and determining the gross receipts of
each public utility subject to this
section, the following gross
receipts are excluded:
(1) All receipts derived wholly from interstate business;
(2) All receipts derived wholly from business done for or
with the federal government;
(3)
All receipts derived wholly from the transmission or
delivery of
electricity to or for a rural electric company,
provided that the
electricity that has been so transmitted or
delivered is for resale by
the rural electric company. This
division does not apply to tax years
2002 and thereafter.
(4) All receipts from the sale of merchandise;
(5)(4) All receipts from sales to other public utilities,
except railroad, telegraph, and telephone companies, for resale,
provided the other public utility is subject to the tax levied by
section
5727.24 or 5727.30 of the Revised Code.
(C) In ascertaining and determining the gross receipts of a
telephone company, the following gross receipts are excluded:
(1) Receipts of amounts billed on behalf of other
entities;
(2) Receipts from sales to other telephone companies for
resale, as defined in division (A)(7) of section 5727.32 of
the
Revised Code;
(3) Receipts from incoming or outgoing wide area
transmission
service or wide area transmission type service,
including eight
hundred or eight-hundred-type service;
(4) Receipts from private communications service as
described
in division (AA)(2) of section 5739.01 of the Revised
Code;
(5) Receipts from sales to providers of
telecommunications
service for resale, as defined in division (A)(7) of
section
5727.32
of the Revised Code.
(D) In ascertaining and determining the gross receipts of an
electric
company, receipts derived from the provision of
electricity and other
services to a qualified former owner of the
production facilities
that generated the electricity from which
those receipts were
derived are excluded. This division does not
apply to tax years
2002 and thereafter. As used in this division,
a
"qualified
former owner" means a person who meets both of the
following
conditions:
(1) On or before October 11, 1991, the person had sold to an
electric company part of the production facility at which the
electricity is
generated, and, for at least twenty years prior to
that sale, the facility was used to generate electricity, but it
was not owned in whole or part during that period by an electric
company.
(2) At the time the electric company provided the
electricity or
other services for which the exclusion is claimed,
the person, or a
successor or assign of the person, owned not less
than a twenty per cent
ownership of the production facility and
the rights to not less
than twenty per cent of the production of
that facility.
(E)(C) In ascertaining and determining the gross receipts of a
natural gas company, receipts billed
on behalf of other entities
are excluded.
The tax imposed by section 5729.811 of the Revised
Code, along with transportation and
billing and collection fees
charged to other entities,
shall be included in the gross receipts
of a natural gas company.
(F)(D) In ascertaining and determining the gross receipts of
a
combined company subject to the tax imposed by
section
5727.30 of
the Revised Code,
all receipts derived from operating as a natural
gas company that are
subject to the tax imposed by section 5727.24
of the
Revised Code are excluded.
(G)(E) Except as provided in division (H)(F)
of this section, the
amount ascertained by the commissioner under this
section, less a
deduction of twenty-five thousand dollars, shall
be the taxable
gross receipts of such companies for business done
within
this
state for that year.
(H)(F) The amount ascertained under this
section, less the
following deduction, shall be the taxable gross
receipts of a
natural gas company or combined company subject to the tax imposed
by section
5727.24 of the
Revised Code for business done within
this state:
(1) For a natural gas company that files quarterly returns
of the
tax imposed by section 5727.24 of the Revised Code, six
thousand
two hundred fifty dollars for each quarterly return;
(2) For a natural gas company that files an annual return of
the
tax imposed by section 5727.24 of the Revised Code,
twenty-five
thousand dollars for each annual return;
(3) For a combined company, twenty-five thousand
dollars on
the annual statement filed under section 5727.31 of the
Revised
Code. A combined company shall
not be entitled to a deduction in
computing gross receipts subject to the
tax imposed by section
5727.24 of the Revised Code.
Sec. 5727.38. On or before the first Monday of November, annually, the tax
commissioner shall assess an excise tax against each public utility
subject to the excise tax under section
5727.30 of the Revised Code. The tax shall be computed
by multiplying the taxable gross receipts as determined by the
commissioner under
section 5727.33 of the Revised
Code by six and three-fourths per cent in the case of pipe-line
companies, and
four and three-fourths per cent in the case of all other companies. The
minimum tax for any such company for owning property or doing business in this
state shall be fifty dollars equal the minimum tax imposed that year under division (E) of section 5733.06 of the Revised Code. The assessment shall be
certified to the taxpayer and treasurer of state.
Sec. 5727.56. Any public utility whose articles of
incorporation or license certificate to do or transact business
in this state has expired or has been canceled or revoked by the
secretary of state, as provided by law for failure to make any
report or return or to pay any tax or fee, upon payment to the
secretary of state of any additional fees and penalties required
to be paid to him the secretary of state, and upon the filing
with the secretary of
state of a certificate from the tax commissioner that it has
complied with all the requirements of law as to franchise or
excise tax reports and paid all franchise or excise taxes, fees,
or penalties due thereon for every year of its delinquency, and
upon the payment to the secretary of state of an additional fee
of ten dollars, shall be reinstated and again entitled to
exercise its rights, privileges, and franchises in this state,
and the secretary of state shall cancel the entry of cancellation
or expiration to exercise its rights, privileges, and franchises.
If the reinstatement is not made within one year from the date of
the cancellation of its articles of incorporation or date of the
cancellation or expiration of its license to do business, and it
appears that articles of incorporation or license certificate
have been issued to a corporation of the same or similar name,
the applicant for reinstatement shall be required by the
secretary of state, as a condition prerequisite to such
reinstatement, to amend its articles by changing its name. A
certificate of reinstatement may be filed in the county
recorder's office of any county in the state, for which the
recorder shall charge and collect a base fee of three dollars for services and a housing trust fund fee of three dollars pursuant to section 317.36 of the Revised Code.
If a domestic public utility applying for reinstatement has
not previously designated an agent upon whom process may be
served as required by section 1701.07 of the Revised Code, such
public utility shall at the time of reinstatement and as a
prerequisite thereto designate an agent in accordance with such
section.
Any officer, shareholder, creditor, or receiver of any such
public utility may at any time take all steps required by this
section to effect such reinstatement, and in such case the
designation of an agent upon whom process may be served shall not
be a prerequisite to the reinstatement of the public utility.
Sec. 5728.04. (A) It
is unlawful
for any
person to operate a
commercial car
with three or
more axles when operated
alone or as
part of a
commercial tandem,
a commercial car
with two axles that
is to be
operated as part of
a commercial tandem
with a gross
vehicle
weight or a registered
gross vehicle weight exceeding
twenty-six
thousand pounds, or a
commercial tractor when operated
alone
or as
part of a
commercial
tractor combination or commercial
tandem on a
public highway
without under either of the following circumstances:
(1) Without a valid
fuel use permit for
such
commercial car or
commercial tractor.
(2) With a suspended or surrendered fuel use permit for such commercial car or commercial tractor.
(B) The judge or magistrate of any court finding any person
guilty of unlawfully
operating a commercial car or commercial
tractor as provided for in this
section shall immediately notify
the tax commissioner of such violation and
shall transmit to the tax
commissioner the name and the permanent address of the
owner of
the commercial car or commercial tractor operated in violation of
this
section, the registration number, the state of registration,
and the
certificate of title number of the commercial car or
commercial tractor. The commercial car or commercial tractor involved in a violation of division (A)(1) or (2) of this section may be detained until a valid fuel use permit is obtained or reinstated.
Sec. 5728.99. (A)(1) Except as provided in
division (A)(2) of this section, whoever violates any
provision of sections 5728.01 to
5728.14 of the Revised Code, or any rule promulgated by the tax
commissioner under the authority of any provision of those
sections, for the
violation of which no penalty is provided elsewhere, shall be
fined not less than twenty-five nor more than one hundred
dollars.
(2) Division (A)(1) of this section does not apply to
the filing of any false or fraudulent return, application, or permit under
section 5728.02, 5728.03, or 5728.08 of the Revised Code. The filing of any
false or
fraudulent return, application, or permit under any of those sections is a
violation of section 2921.13 of the Revised Code.
(B)(1) Whoever violates division (A)(1) of section 5728.04 of the Revised Code
is guilty of a misdemeanor of the fourth degree.
(2) Whoever violates division (A)(2) of section 5728.04 of the Revised Code is guilty of a felony of the fifth degree.
Sec. 5733.01. (A) The tax provided by this chapter for
domestic corporations shall be the amount charged against each
corporation organized for profit under the laws of this state and
each nonprofit corporation organized pursuant to Chapter
1729. of
the Revised Code, except as provided in sections 5733.09
and
5733.10 of the Revised Code, for the privilege of exercising
its
franchise during the calendar year in which that amount is
payable, and the tax provided by this chapter for foreign
corporations shall be the amount charged against each corporation
organized for profit and each nonprofit corporation organized or
operating in the same or similar manner as nonprofit corporations
organized under Chapter 1729. of the Revised Code, under the laws
of any state or country other than this state, except as provided
in
sections 5733.09 and 5733.10 of the Revised Code, for the
privilege of doing business in this state, owning or using a part
or all of its capital or property in this state, holding a
certificate of compliance with the laws of this state authorizing
it to do business in this state, or otherwise having nexus in or
with
this state under the
Constitution of the
United
States,
during the calendar year in which
that amount is payable.
(B) A corporation is subject to the tax imposed by section
5733.06 of the Revised Code
for each calendar year that it is so
organized, doing
business, owning or using a part or all of its
capital or
property, holding a certificate of compliance, or
otherwise having nexus in or with
this state under the
Constitution of the
United
States,
on the first day
of January of
that calendar year.
(C) Any corporation subject to this chapter that is not
subject to the federal income tax shall file its returns and
compute its tax liability as required by this chapter in the same
manner as if that corporation were subject to the federal income
tax.
(D) For purposes of this chapter, a federally chartered
financial institution shall be deemed to be organized under the
laws of the state within which its principal office is located.
(E) Any For purposes of this chapter, any person, as defined in section 5701.01
of the Revised
Code, shall be
treated as a
corporation
for purposes of this
chapter if the person
is classified for federal
income tax
purposes as an association taxable as a corporation, and an equity interest in the person shall be treated as capital stock of the person.
(F) For the purposes of this chapter, "disregarded entity"
has the same meaning as in division (D) of section 5745.01 of the
Revised Code.
(1) A person's interest in a disregarded entity, whether
held directly or
indirectly, shall be treated as the person's
ownership of the
assets and liabilities of the disregarded entity,
and the income, including gain or loss,
shall be included in the
person's net income under this chapter.
(2) Any sale, exchange, or other disposition of the
person's
interest in the disregarded entity, whether held directly
or
indirectly,
shall be treated as a sale, exchange, or other
disposition of the
person's share of the disregarded entity's
underlying assets or liabilities, and the gain or
loss from such
sale, exchange, or disposition shall be included in
the person's
net income under this chapter.
(3) The disregarded entity's payroll, property, and sales
factors shall be
included in the person's factors.
Sec. 5733.04. As used in this chapter:
(A) "Issued and outstanding shares of stock" applies to
nonprofit corporations, as provided in section 5733.01 of the
Revised Code, and includes, but is not limited to, membership
certificates and other instruments evidencing ownership of an
interest in such nonprofit corporations, and with respect to a
financial institution that does not have capital stock,
"issued
and outstanding shares of stock" includes, but is not limited to,
ownership interests of depositors in the capital employed in such
an institution.
(B) "Taxpayer" means a corporation subject to the tax
imposed by section 5733.06 of the Revised Code.
(C) "Resident" means a corporation organized under the
laws
of this state.
(D) "Commercial domicile" means the principal place from
which the trade or business of the taxpayer is directed or
managed.
(E) "Taxable year" means the
period prescribed by division
(A) of section 5733.031 of the Revised Code
upon
the net income of
which the value of the taxpayer's issued and
outstanding shares of
stock is determined
under division (B) of
section 5733.05 of the
Revised Code or the period prescribed
by division (A) of section
5733.031 of the Revised
Code that immediately precedes
the date as
of which the total value of the corporation is determined under
division
(A) or (C) of section 5733.05 of the Revised Code.
(F) "Tax year" means the calendar year in and for which
the
tax imposed by section 5733.06 of the Revised Code
is required to
be paid.
(G) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(H) "Federal income tax" means the income tax imposed by
the
Internal Revenue Code.
(I) Except as provided in section 5733.058 of the Revised
Code, "net
income" means the taxpayer's taxable income
before
operating loss deduction and special deductions, as
required to be
reported for the taxpayer's taxable year under the
Internal
Revenue Code, subject to the following adjustments:
(1)(a) Deduct any net operating loss incurred in any
taxable
years ending in 1971 or thereafter but exclusive of any
net
operating loss incurred in taxable years ending prior to
January
1, 1971. This deduction shall not be allowed in any tax
year
commencing before December 31, 1973, but shall be carried
over and
allowed in tax years commencing after December 31, 1973,
until
fully utilized in the next succeeding taxable year or years
in
which the taxpayer has net income, but in no case for more
than
the designated carryover period as described in division
(I)(1)(b)
of this section. The amount of such net operating
loss, as
determined under the allocation and apportionment
provisions of
section 5733.051 and division (B) of section
5733.05 of the
Revised Code for the year in which the net
operating loss occurs,
shall be deducted from net income, as
determined under the
allocation and apportionment provisions of
section 5733.051 and
division (B) of section 5733.05 of the
Revised Code, to the extent
necessary to reduce net income to
zero with the remaining unused
portion of the deduction, if any,
carried forward to the remaining
years of the designated
carryover period as described in division
(I)(1)(b) of this
section, or until fully utilized, whichever
occurs first.
(b) For losses incurred in taxable years ending on or
before
December 31, 1981, the designated carryover period shall
be the
five consecutive taxable years after the taxable year in
which the
net operating loss occurred. For losses incurred in
taxable years
ending on or after January 1, 1982, and beginning before August 6,
1997, the designated
carryover
period shall be the fifteen
consecutive taxable years
after the
taxable year in which the net
operating loss occurs. For losses incurred in taxable years
beginning on or after August 6, 1997, the designated carryover
period shall be the twenty consecutive taxable years after the
taxable year in which the net operating loss occurs.
(c) The tax commissioner may require a taxpayer to furnish
any information necessary to support a claim for deduction under
division (I)(1)(a) of this section and no deduction shall be
allowed unless the information is furnished.
(2) Deduct any amount included in net income by
application
of section 78 or 951 of the Internal Revenue Code,
amounts
received for royalties, technical or other services
derived from
sources outside the United States, and dividends
received from a
subsidiary, associate, or affiliated corporation
that neither
transacts any substantial portion of its business
nor regularly
maintains any substantial portion of its assets
within the United
States. For purposes of determining net
foreign source income
deductible under division (I)(2) of this
section, the amount of
gross income from all such sources other
than
dividend income and
income derived by application of section 78 or 951 of the
Internal
Revenue Code shall be reduced by:
(a) The amount of any reimbursed expenses for personal
services performed by employees of the taxpayer for the
subsidiary, associate, or affiliated corporation;
(b) Ten per cent of the amount of royalty income and
technical assistance fees;
(c) Fifteen per cent of the amount of
all
other income.
The amounts described in divisions (I)(2)(a) to (c) of this
section are deemed to be the expenses attributable to the
production of deductible foreign source income unless the
taxpayer
shows, by clear and convincing evidence, less actual
expenses, or
the tax commissioner shows, by clear and convincing
evidence, more
actual expenses.
(3) Add For taxable years ending prior to the effective date of this amendment, add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of a capital asset, or an
asset
described in section 1231 of the Internal Revenue Code, to
the
extent that such loss or gain occurred prior to the first
taxable
year on which the tax provided for in section 5733.06 of
the
Revised Code is computed on the corporation's net income.
For
purposes of division (I)(3) of this section, the amount of
the
prior loss or gain shall be measured by the difference
between the
original cost or other basis of the asset and the
fair market
value as of the beginning of the first taxable year
on which the
tax provided for in section 5733.06 of the Revised
Code is
computed on the corporation's net income. At the option
of the
taxpayer, the amount of the prior loss or gain may be a
percentage
of the gain or loss, which percentage shall be
determined by
multiplying the gain or loss by a fraction, the
numerator of which
is the number of months from the acquisition
of the asset to the
beginning of the first taxable year on which
the fee provided in
section 5733.06 of the Revised Code is
computed on the
corporation's net income, and the denominator of
which is the
number of months from the acquisition of the asset
to the sale,
exchange, or other disposition of the asset.
The adjustments
described
in this division do not apply to any gain or loss where
the gain or loss
is recognized by a qualifying taxpayer, as
defined in section 5733.0510
of the Revised Code, with respect to
a qualifying taxable
event,
as defined in that section.
(4) Deduct the dividend received deduction provided by
section 243 of the Internal Revenue Code.
(5) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent included in
federal taxable income. As used in divisions (I)(5) and (6) of
this section, "public obligations," "purchase obligations," and
"interest or interest equivalent" have the same meanings as in
section 5709.76 of the Revised Code.
(6) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
included in federal taxable income.
(7) To the extent not otherwise allowed, deduct any
dividends or distributions received by a taxpayer from a public
utility, excluding an electric company, or a combined company, a water transportation company for tax years 2004 and thereafter, or a telephone company for tax years 2005 and thereafter, if the taxpayer owns at
least eighty per cent of the
issued and outstanding common stock
of the public utility. As used in
division (I)(7) of this
section, "public utility" means a
public utility as defined in
Chapter 5727. of the Revised
Code, whether or not the public
utility is doing business in the state.
(8) To the extent not otherwise allowed, deduct any
dividends received by a taxpayer from an insurance company, if
the
taxpayer owns at least eighty per cent of the issued and
outstanding common stock of the insurance company. As used in
division (I)(8) of this section, "insurance company" means an
insurance company that is taxable under Chapter 5725. or
5729. of
the Revised Code.
(9) Deduct expenditures for modifying existing buildings
or
structures to meet American national standards institute
standard
A-117.1-1961 (R-1971), as amended; provided, that no
deduction
shall be allowed to the extent that such deduction is
not
permitted under federal law or under rules of the tax
commissioner. Those deductions as are allowed may be taken over
a
period of five years. The tax commissioner shall adopt rules
under Chapter 119. of the Revised Code establishing reasonable
limitations on the extent that expenditures for modifying
existing
buildings or structures are attributable to the purpose
of making
the buildings or structures accessible to and usable by
physically
handicapped persons.
(10) Deduct For taxable years ending prior to the effective date of this amendment, deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income
before operating loss deduction and special deductions for the
taxable year, had the targeted jobs credit allowed and determined
under sections 38, 51, and 52 of the Internal Revenue Code not
been in effect.
(11) Deduct net interest income on obligations of the
United
States and its territories and possessions or of any
authority,
commission, or instrumentality of the United States to
the extent
the laws of the United States prohibit inclusion of
the net
interest for purposes of determining the value of the
taxpayer's
issued and outstanding shares of stock under division
(B) of
section 5733.05 of the Revised Code. As used in division
(I)(11)
of this section, "net interest" means interest net of any
expenses
taken on the federal income tax return that would not
have been
allowed under section 265 of the Internal Revenue Code
if the
interest were exempt from federal income tax.
(12)(a) Except as set forth in division (I)(12)(d) of this
section, to the extent not included in computing the taxpayer's
federal taxable income before operating loss deduction and
special
deductions, add gains and deduct losses from direct or
indirect
sales, exchanges, or other dispositions, made by a
related entity
who is not a taxpayer, of the taxpayer's indirect,
beneficial, or
constructive investment in the stock or debt of
another entity,
unless the gain or loss has been included in
computing the
federal
taxable
income
before operating loss
deduction and special
deductions of another taxpayer with a more
closely related
investment in the stock or debt of the other
entity. The amount
of gain added or loss deducted shall not
exceed the product
obtained by multiplying such gain or loss by
the taxpayer's
proportionate share, directly, indirectly,
beneficially, or
constructively, of the outstanding stock of the
related entity
immediately prior to the direct or indirect sale,
exchange, or
other disposition.
(b) Except as set forth in division (I)(12)(e) of this
section, to To the extent not included in computing the taxpayer's
federal taxable income before operating loss deduction and
special
deductions, add gains and deduct losses from direct or
indirect
sales, exchanges, or other dispositions made by a
related entity
who is not a taxpayer, of intangible property
other than stock,
securities, and debt, if such property was
owned, or used in whole
or in part, at any time prior to or at
the time of the sale,
exchange, or disposition by either the
taxpayer or by a related
entity that was a taxpayer at any time
during the related entity's
ownership or use of such property,
unless the gain or loss has
been included in computing the
federal taxable
income
before
operating loss deduction and
special deductions of another
taxpayer with a more closely
related ownership or use of such
intangible property. The
amount of gain added or loss deducted
shall not exceed the
product obtained by multiplying such gain or
loss by the
taxpayer's proportionate share, directly, indirectly,
beneficially, or constructively, of the outstanding stock of the
related entity immediately prior to the direct or indirect sale,
exchange, or other disposition.
(c) As used in division (I)(12) of this section, "related
entity" means those entities described in divisions (I)(12)(c)(i)
to (iii) of this section:
(i) An individual stockholder, or a member of the
stockholder's family enumerated in section 318 of the Internal
Revenue Code, if the stockholder and the members of the
stockholder's family own, directly, indirectly, beneficially, or
constructively, in the aggregate, at least fifty per cent of the
value of the taxpayer's outstanding stock;
(ii) A stockholder, or a stockholder's partnership,
estate,
trust, or corporation, if the stockholder and the
stockholder's
partnerships, estates, trusts, and corporations own
directly,
indirectly, beneficially, or constructively, in the
aggregate, at
least fifty per cent of the value of the taxpayer's
outstanding
stock;
(iii) A corporation, or a party related to the corporation
in a manner that would require an attribution of stock from the
corporation to the party or from the party to the corporation
under division (I)(12)(c)(iv) of this section, if the taxpayer
owns, directly, indirectly, beneficially, or constructively, at
least fifty per cent of the value of the corporation's
outstanding
stock.
(iv) The attribution rules of section 318 of the Internal
Revenue Code apply for purposes of determining whether the
ownership requirements in divisions (I)(12)(c)(i) to (iii) of
this
section have been met.
(d) For purposes of the adjustments required by division
(I)(12)(a) of this section, the term "investment in the stock or
debt of another entity" means only those investments where the
taxpayer and the taxpayer's related entities directly,
indirectly,
beneficially, or constructively own, in the
aggregate, at any time
during the twenty-four month period
commencing one year prior to
the direct or indirect sale,
exchange, or other disposition of
such investment at least fifty
per cent or more of the value of
either the outstanding stock or
such debt of such other entity.
(e)
For purposes of the adjustments required by division
(I)(12)(b) of this section, the term "related entity" excludes
all
of the following:
(i) Foreign corporations as defined in section 7701 of the
Internal Revenue Code;
(ii) Foreign partnerships as defined in section 7701 of
the
Internal Revenue Code;
(iii) Corporations, partnerships, estates, and trusts
created or organized in or under the laws of the Commonwealth of
Puerto Rico or any possession of the United States;
(iv) Foreign estates and foreign trusts as defined in
section 7701 of the Internal Revenue Code.
The exclusions described in divisions (I)(12)(e)(i) to (iv)
of this section do not apply if the corporation, partnership,
estate, or trust is described in
any one of divisions
(C)(1) to
(5) of section 5733.042 of the Revised Code.
(f) Nothing in division (I)(12) of this section shall
require or permit a taxpayer to add any gains or deduct any
losses
described in divisions (I)(12)(f)(e)(i) and (ii) of this
section:
(i) Gains or losses recognized for federal income tax
purposes by an individual, estate, or trust without regard to the
attribution rules described in division (I)(12)(c) of this
section;
(ii) A related entity's gains or losses described in
division (I)(12)(b)
of this section if the taxpayer's ownership of
or use of such
intangible property was limited to a period not
exceeding nine
months and was attributable to a transaction or a
series of
transactions executed in accordance with the election or
elections
made by the taxpayer or a related entity pursuant to
section 338
of the Internal Revenue Code.
(13) Any adjustment required by section 5733.042 of the
Revised Code.
(14) Add any amount claimed as a
credit under section
5733.0611 of the
Revised
Code to the extent that such
amount
satisfies either of the following:
(a) It was deducted or excluded from the computation of the
corporation's
taxable income before operating loss deduction and
special
deductions as required to be reported for the
corporation's
taxable year under the Internal
Revenue
Code;
(b) It resulted in a reduction of the corporation's taxable
income
before operating loss deduction and special deductions as
required to be reported for any of the corporation's taxable
years
under the Internal
Revenue
Code.
(15) Deduct For taxable years ending prior to the effective date of this amendment, deduct the amount contributed by
the taxpayer to an
individual development account program
established by a county
department of job and family
services pursuant to
sections 329.11
to 329.14 of the
Revised
Code for the purpose of
matching funds
deposited by program participants. On request of
the tax
commissioner, the taxpayer shall provide any information
that, in
the tax commissioner's opinion, is necessary to
establish the
amount deducted under division
(I)(15) of this section.
(16) Any adjustment required by section 5733.0510 of the
Revised Code.
(17)(a) Add five-sixths of the amount of depreciation
expense allowed under subsection (k) of section 168 of the
Internal Revenue Code, including a person's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to
any pass-through entity in which the person
has direct or indirect
ownership. The tax commissioner, under
procedures established by the commissioner, may waive the add-back
related to a pass-through entity if the person owns, directly or
indirectly, less than five per cent of the pass-through entity.
(b) Nothing in division (I)(17) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back is attributable to property
generating income or loss allocable under section 5733.051 of the
Revised Code, the add-back shall be allocated to the same location
as the income or loss generated by that property. Otherwise, the
add-back shall be apportioned, subject to division (B)(2)(d) of
section 5733.05 of the Revised Code.
(18)(a) If a person is required to make the add-back under
division (I)(17)(a) of this section for a tax year, the person
shall deduct one-fifth of the amount added back for each of the
succeeding five tax years.
(b) If the amount deducted under division (I)(18)(a) of
this
section is attributable to an add-back allocated under
division
(I)(17)(c) of this section, the amount deducted shall be
allocated
to the same location. Otherwise, the amount shall be
apportioned
using the apportionment factors for the taxable year
in which the
deduction is taken, subject to division (B)(2)(d) of
section
5733.05 of the Revised Code.
(19) Add, to the extent deducted in computing federal taxable income, taxes on or measured by income that are paid to any jurisdiction other than this state and its political subdivisions.
(J) Any term used in this chapter has the same meaning as
when used in comparable context in the laws of the United States
relating to federal income taxes unless a different meaning is
clearly required. Any reference in this chapter to the Internal
Revenue Code includes other laws of the United States relating to
federal income taxes.
(K) "Financial institution" has the meaning given by
section
5725.01 of the Revised Code
but does not include a production
credit association as
described in 85 Stat. 597, 12
U.S.C.A.
2091.
(L)(1) A
"qualifying holding company" is any corporation
satisfying all of the following requirements:
(a) Subject to divisions
(L)(2) and (3) of this section,
the
net book value of the corporation's intangible assets is
greater
than or equal to ninety per cent of the net book value of
all of
its assets and at least fifty per cent of the net book
value of
all of its assets represents direct or indirect
investments in the
equity of, loans and advances to, and
accounts receivable due from
related members;
(b) At least ninety per cent of the
corporation's gross
income for the taxable year is attributable
to the following:
(i) The maintenance, management, ownership, acquisition,
use, and
disposition of its intangible property, its
aircraft the
use of which is not subject to regulation under 14
C.F.R.
part 121
or part 135, and any real property described in
division
(L)(2)(c)
of this section;
(ii) The collection and distribution
of income from such
property.
(c) The corporation is not a
financial institution on the
last day of the taxable year
ending prior to the first day
of the
tax year;
(d) The corporation's related members
make a good faith and
reasonable effort to make timely and fully
the adjustments
required by division
(C)(2)(D) of section 5733.05 of
the Revised
Code
and to pay timely and fully all uncontested taxes, interest,
penalties, and other fees and charges imposed under this chapter;
(e) Subject to division
(L)(4) of this section, the
corporation elects to be treated as a qualifying holding company
for the tax year.
A corporation otherwise satisfying divisions
(L)(1)(a)
to (e)
of this section that does not elect
to be a qualifying holding
company is not a qualifying holding
company for the purposes of
this chapter.
(2)(a)(i) For
purposes of making the ninety per cent
computation under
division
(L)(1)(a)
of this section, the net book
value of the corporation's assets
shall not include the net book
value of aircraft or real
property described in division
(L)(1)(b)(i)
of this section.
(ii) For purposes of making the fifty
per cent computation
under division
(L)(1)(a)
of this section, the net book value of
assets shall include the
net book value of aircraft or real
property described in
division
(L)(1)(b)(i)
of this section.
(b)(i) As used in division (L) of
this section, "intangible
asset" includes, but is not limited
to, the corporation's direct
interest in each pass-through
entity only if at all times during
the corporation's taxable
year ending prior to the first day of
the tax year the
corporation's and the corporation's related
members' combined
direct and indirect interests in the capital or
profits of such
pass-through entity do not exceed fifty per cent.
If the
corporation's interest in the pass-through entity is an
intangible asset for that taxable year, then the distributive
share of any income from the pass-through entity shall be
income
from an intangible asset for that taxable year.
(ii) If a corporation's and the
corporation's related
members' combined direct and indirect
interests in the capital or
profits of a pass-through entity
exceed fifty per cent at any time
during the corporation's
taxable year ending prior to the first
day of the tax year,
"intangible asset" does not include the
corporation's direct
interest in the pass-through entity, and the
corporation shall
include in its assets its proportionate share of
the assets of
any such pass-through entity and shall include in
its gross
income its distributive share of the gross income of
such
pass-through entity in the same form as was earned by the
pass-through
entity.
(iii) A pass-through entity's direct
or indirect
proportionate share of any other pass-through
entity's assets
shall be included for the purpose of computing
the corporation's
proportionate share of the pass-through
entity's assets under
division
(L)(2)(b)(ii)
of this section, and such pass-through
entity's distributive share of any
other pass-through entity's
gross income shall be included for purposes of computing the
corporation's distributive share of the pass-through entity's
gross income under division
(L)(2)(b)(ii)
of this section.
(c) For the purposes of divisions
(L)(1)(b)(i), (1)(b)(ii),
(2)(a)(i), and
(2)(a)(ii) of this
section, real property is
described in division
(L)(2)(c)
of this section only if all of the
following conditions are
present at all times during the taxable
year ending prior to the
first day of the tax year:
(i) The real property serves as the
headquarters of the
corporation's trade or business, or is the
place from which the
corporation's trade or business is
principally managed or
directed;
(ii) Not more than ten per cent of
the value of the real
property and not more than ten per cent of the square
footage of
the building or buildings that are part of the real property is
used, made available, or occupied for the purpose of providing,
acquiring,
transferring, selling, or
disposing of tangible
property or services in the normal course
of business to persons
other than related
members, the corporation's employees and their
families, and
such related members' employees and their families.
(d) As used in division (L) of this section, "related
member" has the same
meaning as in division (A)(6)
of section
5733.042 of the
Revised
Code without regard to division
(B) of
that section.
(3) The percentages described in division
(L)(1)(a)
of this
section shall be equal to the quarterly average of
those
percentages as calculated during the corporation's taxable
year
ending prior to the first day of the
tax year.
(4) With respect to the election described in division
(L)(1)(e)
of this section:
(a) The election need not accompany a
timely filed report;
(b) The election need not accompany the report; rather,
the
election may accompany a subsequently filed but timely
application
for refund and timely
amended report, or a subsequently filed but
timely petition for
reassessment;
(c) The election is not
irrevocable;
(d) The election applies only to the
tax year specified by
the corporation;
(e) The corporation's related members comply with division
(L)(1)(d) of this section.
Nothing in division
(L)(4) of this section shall be
construed
to extend any statute of limitations set forth in this
chapter.
(M) "Qualifying
controlled group" means two or more
corporations that
satisfy the ownership and control requirements
of division
(A) of section 5733.052 of the
Revised
Code, one of which owns or controls, directly or indirectly, more than fifty per cent of the capital stock with voting rights of one or more of the other corporations, or has more than fifty per cent of its capital stock with voting rights owned or controlled, directly or indirectly, by one of the other corporations or by related interests that own or control, directly or indirectly, more than fifty per cent of the capital stock with voting rights of one or more of the other corporations.
(N) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised
Code or under
the laws of any other state.
(O) "Pass-through entity" means
a corporation that has made
an election
under subchapter S of Chapter 1 of Subtitle
A of the
Internal
Revenue
Code
for its taxable year under that code, or a
partnership, limited
liability company, or any other person, other
than an
individual, trust, or estate, if the partnership, limited
liability company, or other person is not classified for federal
income tax purposes as an association taxed as a
corporation.
(P) "Electric company," and "combined company," "telephone company," and "water transportation company" have the same
meanings as in section 5727.01
of the Revised Code.
(Q) "Business income" means income arising from transactions, activities, and sources in the regular course of a trade or business and includes income from real property, tangible personal property, and intangible personal property if the acquisition, rental, management, and disposition of the property constitute integral parts of the regular course of a trade or business operation. "Business income" includes income, including gain or loss, from a partial or complete liquidation of a business, including, but not limited to, gain or loss from the sale or other disposition of goodwill. All income, including gain and loss, directly or indirectly recognized shall be presumed to be business income.
(R) "Nonbusiness income" means all income other than business income.
Sec. 5733.042. (A) As used in this section:
(1) "Affiliated group" has the same meaning as in section
1504 of the Internal Revenue Code.
(2) "Asset value" means the adjusted basis of assets as
determined in accordance with Subchapter O of the Internal
Revenue Code and the Treasury Regulations thereunder.
(3) "Intangible expenses and costs" include expenses,
losses, and
costs for, related to, or in connection directly or
indirectly with
the direct or indirect acquisition of, the direct or indirect use of, the
direct or indirect
maintenance or management of, the direct or indirect ownership of, the direct
or indirect sale of, the direct or indirect exchange of, or any
other direct or indirect disposition
of intangible property to the extent such
amounts are allowed as deductions or costs in determining taxable
income before operating loss deduction and special deductions for
the taxable year under the Internal Revenue Code. Such expenses
and costs include, but are not limited to,
losses related to or incurred in connection directly or indirectly with
factoring
transactions, losses related to or incurred in connection directly or
indirectly with
discounting transactions,
royalty, patent,
technical, and copyright fees, licensing fees, and other similar
expenses and costs.
(4) "Interest expenses and costs" include but are not
limited to amounts directly or indirectly allowed as deductions under
section 163 of the
Internal Revenue Code for purposes of determining taxable income
under the Internal Revenue Code.
(5) "Member" has the same meaning as in U.S. Treasury
Regulation section 1.1502-1.
(6) "Related member" means a person that, with respect to
the taxpayer during all or any portion of the taxable year, is a
"related entity" as defined in division (I)(12)(c) of section
5733.04 of the Revised Code, is a component member as defined in
section 1563(b) of the Internal Revenue Code, or is a person to
or from whom which there is attribution of stock ownership in
accordance with section 1563(e) of the Internal Revenue Code
except, for purposes of determining whether a person is a related
member under this division, "twenty per cent" shall be
substituted for "5 per cent" wherever "5 per cent" appears in
section 1563(e) of the Internal Revenue Code.
(B) This section applies to all corporations for tax years 1999 and
thereafter. For tax years prior to 1999, this
section applies only to a corporation that has, or
is a member of an affiliated group that has, or is a member of an
affiliated group with another member that has, one or more of the
following:
(1) Gross sales, including sales to other members of the
affiliated group, during the taxable year of at least fifty
million dollars;
(2) Total assets whose asset value at any time during the
taxable year is at least twenty-five million dollars;
(3) Taxable income before operating loss deduction and
special deductions during the taxable year of at least five
hundred thousand dollars.
(C) Except as otherwise provided in this section and section 5733.044 of the Revised Code:
(1) For purposes of computing its net income under
division (I) of section 5733.04 of the Revised Code, the
corporation
shall add interest expenses and costs and intangible all expenses and,
costs, and losses directly or indirectly paid, accrued, or incurred to,
or recognized in connection directly or indirectly with one or more direct or indirect
transactions with, one or more of
the
following related members:
(1) Any related member whose activities, in any one state,
are primarily limited to the maintenance and management of
intangible investments or of the intangible investments of
corporations, business trusts, or other entities registered as
investment companies under the "Investment Company Act of 1940,"
15 U.S.C. 80a-1 et seq., as amended, and the collection and
distribution of the income from such investments or from tangible
property physically located outside such state. For purposes of
division (C)(1) of this section, "intangible investments"
includes, without limitation, investments in stocks, bonds,
notes, and other debt obligations, including debt obligations of
related members, interests in partnerships, patents, patent
applications, trademarks, trade names, and similar types of
intangible assets.
(2) Any related member that is a personal holding company
as defined in section 542 of the Internal Revenue Code without
regard to the stock ownership requirements set forth in section
542(a)(2) of the Internal Revenue Code;
(3) Any related member that is not a corporation and is
directly, indirectly, constructively, or beneficially owned in
whole or in part by a personal holding company as defined in
section 542 of the Internal Revenue Code without regard to the
stock ownership requirements set forth in section 542(a)(2) of
the Internal Revenue Code;
(4) Any related member that is a foreign personal holding
company as defined in section 552 of the Internal Revenue Code;
(5) Any related member that is not a corporation and is
directly, indirectly, constructively, or beneficially owned in
whole or in part by a foreign personal holding company as defined
in section 552 of the Internal Revenue Code;
(6) Any related member if that related member or another
related member directly or indirectly paid, accrued, or incurred
to, or in connection directly or indirectly with one or more direct or
indirect
transactions with, another related member any
interest expenses and costs or intangible expenses and costs in
an amount less than, equal to, or greater than such amounts
received from the corporation. Division (C)(6) of this
section
applies only if, within a one-hundred-twenty-month period
commencing three years prior to the beginning of the tax year, a
related member directly or indirectly paid, accrued, or incurred
such amounts
or losses with respect to one or more direct or indirect
transactions with
an entity described in divisions (C)(1) to (5) of
this section. A rebuttable presumption exists that a related
member did so pay, accrue, or incur such amounts
or losses with respect to one or more direct or indirect
transactions with
an entity
described in divisions (C)(1) to (5) of this section. A
corporation
can rebut this presumption only with a preponderance of the
evidence to the contrary.
(7) Any related member that, with respect to indebtedness
directly or indirectly owed by the corporation to the
related
member, directly or indirectly charged or imposed on the
corporation
an excess interest rate. If the related member has charged or
imposed on the corporation an excess interest rate, the
adjustment
required by division (C)(7) of this section with respect to such
interest expenses and costs directly or indirectly paid, accrued,
or incurred to the related member in connection with such
indebtedness does not include so much of such interest expenses
and costs that the corporation would have directly or
indirectly
paid, accrued, or incurred if the related member had charged or
imposed the highest possible interest rate that would not have
been an excess interest rate. For purposes of division (C)(7) of
this section, an excess interest rate is an annual rate that
exceeds by more than three per cent the greater of the rate per
annum prescribed by section 5703.47 of the Revised Code in effect
at the time of the origination of the indebtedness, or the rate
per annum prescribed by section 5703.47 of the Revised Code in
effect at the time the corporation paid, accrued, or
incurred the
interest expense or cost to the related member.
(D)(1) In (2) All inter-related member profit in cost of goods sold shall be eliminated.
(3) All inter-related member profit and gain in all assets, and the concomitant effect on expense and subsequently recognized gains and losses, shall be eliminated.
In making the adjustment required by division (C) of this
section, the corporation shall make the adjustment adjustments required by section
5733.057 of the Revised Code. The
(D)(1) The adjustments required by division (C) of
this
section are not required if either of the following applies:
(a) The corporation establishes by clear and convincing
evidence that the adjustments are unreasonable.
(b) The the corporation and the tax commissioner agree in
writing
to the application or use of alternative adjustments and
computations to more properly reflect the base required to be
determined in accordance with division (B) of section 5733.05 of
the Revised Code. Nothing in this division (D)(1)(b) of this section
shall be construed to limit or negate the tax commissioner's
authority to otherwise enter into agreements and compromises
otherwise allowed by law.
(2) The adjustments required by divisions division (C)(1) to (5) of
this section do not apply to such portion of interest expenses
and costs and intangible expenses and costs that the
corporation can
establish by the preponderance of the evidence meets both all of the
following:
(a) The related member during the same taxable year
directly or indirectly paid, accrued, or incurred such portion to
a person who that is not a related member. of the corporation;
(b) During the six-year period commencing three years prior to the first day of the corporation's taxable year, such person or any related member of such person did not directly or indirectly pay, accrue, or incur such portion or any part of such portion to the corporation or to any related member of the corporation;
(c) The transaction giving rise to the interest expenses
and costs or the intangible expenses and costs between the
corporation and the related member did not have as a
principal
purpose the avoidance of any portion of the tax due under this
chapter.
(3) The adjustments required by division (C)(6) of this
section do not apply to such portion of interest expenses and
costs and intangible expenses and costs that the
corporation can
establish by the preponderance of the evidence meets both of the
following:
(a) The entity described in any of divisions (C)(1) to (6)
of this section to whom the related member directly or indirectly
paid, accrued, or incurred such portion, in turn during the same
taxable year directly or indirectly paid, accrued or incurred
such portion to a person who is not a related member, and
(b) The transaction or transactions giving rise to the
interest expenses and costs or the intangible expenses and costs
between the corporation, the related member, and the
entity
described in any of divisions (C)(1) to (5) did not have as a
principal purpose the avoidance of any portion of the tax due
under this chapter.
(4)(a) The adjustments required by division (C) of this
section do not apply except to the extent that the increased tax, if
any, attributable to such adjustments would have been be avoided if
both the following persons were to compute the tax due under this chapter based upon a combination of income: the corporation and, the related member had been
eligible to
make and had timely made the election to combine in accordance
with division (B) of section 5733.052 of the Revised Code or related members to which the corporation directly or indirectly paid, accrued, or incurred the expenses, costs, or losses described in division (C) of this section, and any other related member or related members directly or indirectly receiving or accruing income from those related members to which the corporation directly or indirectly paid, accrued, or incurred such expenses, costs, or losses described in division (C) of this section.
(b) In the case of a combination of income for purposes of division (D)(3) of this section, the net income of the taxpayer shall be measured by the combined net income of the corporation and all related members described in division (D)(3)(a) of this section. For purposes of such measurement, each corporation's net income shall be determined in the same manner as if the related member or related members were taxpayers under this chapter. In computing combined net income, intercorporate transactions, including dividends or distributions, between corporations included in the combination shall be eliminated. If the computation of net income on a combination of income involves the use of any of the formulas set forth in this chapter, the factors used in the formulas shall be the combined totals of the factors for each corporation included in the combination after the elimination of any intercorporate transactions. The exemptions and deductions permitted under this chapter shall be taken in the same manner as if each corporation filed a separate report, but in ascertaining if any amount constitutes business income, all members of the combined group shall be considered to be one entity.
(4) For purposes of division (D)(3) of this section, each corporation's net income allocated or apportioned to this state shall be computed as follows:
(a) To compute each taxpayer's net nonbusiness income allocated to this state for purposes of division (B) of section 5733.05 of the Revised Code, each corporation's net nonbusiness income for sources allocated under section 5733.051 of the Revised Code shall be separately calculated, eliminating intercorporate transactions, and allocated to this state as provided by section 5733.051 of the Revised Code.
(b) To compute each corporation's net business income apportioned to this state for purposes of division (B) of section 5733.05 of the Revised Code, the combined net income, other than net income from nonbusiness income sources allocated under section 5733.051 of the Revised Code, shall be apportioned to this state and then prorated to each corporation on the basis of each corporation's proportionate part of the factors used to apportion the total of such net business income to this state.
(E) Except as otherwise provided in division (F) of this
section, if, on the day that is one year after the day the
corporation files its report, the
corporation has not made the
adjustment required by this section or has not fully paid the tax
and interest, if any, imposed by this chapter and attributable to
such adjustment, the corporation is subject to a
penalty equal to
twice the interest charged under division (A) of section 5733.26
of the Revised Code for the delinquent payment of such tax and
interest. For the purpose of the computation of the penalty
imposed by this division, such penalty shall be deemed to be part
of the tax due on the dates prescribed by this chapter without
regard to the one-year period set forth in this division. The
penalty imposed by this division is not in lieu of but is in
addition to all other penalties, other similar charges, and
interest imposed by this chapter. The tax commissioner may
waive, abate, modify, or refund, with interest, all or any
portion of the penalty imposed by this division only if the
corporation establishes beyond a reasonable doubt that
both the
failure to fully comply with this section and the failure to
fully pay such tax and interest within one year after the date
the corporation files its report were not in any part attributable
to the avoidance of any portion of the tax imposed by section 5733.06 of the
Revised Code.
(F)(1) For purposes of this division, "tax differential difference"
means the difference between (a) the tax that is imposed by section 5733.06
of the Revised Code and that is attributable to the adjustment adjustments required by
this section, and (b) the amount paid that is so attributable, prior
to the day that is one year after the day the corporation files its report.
(2) The penalty imposed by division (E) of this section
does not apply if the tax differential difference meets both of the
following requirements:
(a) The tax differential It is less than ten per cent of the
tax imposed by section 5733.06 of the Revised Code; and
(b) The difference It is less than fifty thousand dollars.
(3) Nothing in division (F) of this section shall be
construed to waive, abate, or modify any other penalties, other
similar charges, or interest imposed by other sections of this
chapter.
(G) Nothing in this section shall require a corporation to add to
its net income more than once any amount of interest expenses and
costs or intangible expenses and costs that the corporation pays,
accrues, or incurs to a related member described in. No adjustments under division
(C) of this section shall be made to the extent the effect of such adjustments occurs as a result of a consolidated return, elected under section 5733.052 of the Revised Code, that includes the corporation and the corporation's related member or related members with respect to which such adjustments would be made without regard to this division.
Sec. 5733.044. (A) Section 5733.042 of the Revised Code does not apply to a corporation for a tax year for payments of expenses or costs to which all of the following apply:
(1) The corporation establishes by clear and convincing evidence that the corporation directly remitted such payments to a related member that, for the six-year period beginning three years prior to the remittance, was not subject to federal income tax with respect to the payments and was not required to file a federal income tax return with the internal revenue service for purposes of reporting the payments. For purposes of division (A)(1) of this section, payments shall be treated as directly remitted to the related member even if those payments are processed or paid through another related member that does not charge a fee in connection therewith.
(2) The corporation establishes by clear and convincing evidence that during the six-year period beginning three years prior to the remittance to the related member described in division (A)(1) of this section, the related member did not directly or indirectly remit any portion of the payments referred to in division (A)(1) of this section, or any like, similar, or other amount, to any other related member that, during any portion of that six-year period, was subject to federal income tax and was required to file a federal income tax return with the internal revenue service.
(3) The corporation establishes by clear and convincing evidence that the corporation is allowed a deduction for federal income tax purposes with respect to the remittance made to the related member described in division (A)(1) of this section for the corporation's taxable year pursuant to an advanced pricing agreement between the corporation and the internal revenue service, or that the corporation has satisfied the documentation requirements of sections 482 and 6662(e) of the Internal Revenue Code, or that the corporation has complied with section 482 of the Internal Revenue Code.
(4) The corporation refutes by clear and convincing evidence any reasonable conclusion of the tax commissioner that the transaction giving rise to the remittance to the related member described in division (A)(1) of this section had as a principal purpose the avoidance of any portion of the tax due under this chapter.
For purposes of division (A) of this section, "federal income tax" and "federal income tax return" do not include withholding taxes and returns filed for purposes of reporting withholding taxes, providing information other than reporting income tax liability, or claiming the benefits of a tax treaty between the United States and another government.
(B) Notwithstanding section 5703.56 of the Revised Code to the contrary, a corporation claiming that division (A) of this section applies must refute by clear and convincing evidence any reasonable conclusion of the tax commissioner that any of the doctrines set forth in that section should apply to deny to the corporation the application of division (A) of this section.
(C) Where the corporation and other related members make payments to another related member described in division (A)(1) of this section, and to the extent such payments are processed or paid through another related member in the manner described in division (A)(1) of this section, this section shall apply only with respect to the corporation's pro-rata share of the total payments made by all such related members to the related member described in division (A)(1) of this section during the taxable year, unless the corporation establishes by clear and convincing evidence the actual amount of the corporation's payments that are made to the related member described in division (A)(1) of this section. Nothing in division (C) of this section shall allow a corporation to apply division (A) of this section to any amount greater than the actual payments made by the corporation to a related member described in division (A)(1) of this section during the taxable year.
(D) Any adjustments made by the internal revenue service to any related member of the corporation with respect to an advanced pricing agreement or with respect to section 482 of the Internal Revenue Code shall be presumed to be adjustments properly attributed to the corporation, unless the corporation establishes by clear and convincing evidence that the adjustment should be attributed, in whole or in part, to another person.
(E)(1) If any corporation claims the benefit provided by division (A) of this section and is not entitled to such benefit, any adjustment otherwise required by section 5733.042 of the Revised Code shall be further increased by an amount equal to two times such adjustment.
(2) Division (E)(1) of this section does not apply to adjustments made in connection with an advanced pricing agreement.
Sec. 5733.05. As used in this section,
"dealer in intangibles" has the same meaning as in section 5725.01 of the Revised Code, and "qualified
research"
means laboratory research, experimental research, and
other
similar types of research; research in developing or
improving a
product; or research in developing or improving the
means of
producing a product. It "Qualified research" does not include market
research,
consumer surveys, efficiency surveys, management
studies, ordinary
testing or inspection of materials or products
for quality
control, historical research, or literary research.
"Product" as
used in this paragraph does not include services or
intangible
property.
The annual report determines the value of the
issued and
outstanding shares of stock of the taxpayer, which
under division
(A) or divisions (B) and (C) of this
section is the base or
measure
of the franchise tax liability. Such determination shall
be made
as of the date shown by the report to have been the
beginning of
the corporation's annual accounting period that
includes the
first day of January of the tax year. For the
purposes
of this
chapter, the value of the issued and outstanding
shares
of stock
of any corporation that is a financial institution
shall be
deemed to be the value as
calculated in accordance with
division (A) of this
section.
For the purposes of this chapter,
the value of the issued
and outstanding shares of stock of any
corporation that is not a
financial institution shall be deemed to
be the values as
calculated in accordance with divisions
(B) and
(C) of this section.
Except as otherwise required by this section
or section 5733.056 of the Revised Code, the value of a taxpayer's
issued and outstanding shares of stock under division (A) or (C)
of this section does not include any amount
that is treated as a
liability under generally accepted accounting
principles.
(A) The total value, as shown by the books of the financial
institution,
of its capital, surplus, whether earned or unearned,
undivided
profits, and reserves
shall be determined as prescribed
by
section 5733.056 of the Revised Code for tax years 1998 and
thereafter.
(B) The sum of the corporation's net income during the
corporation's taxable year, allocated or apportioned to
this state
as
prescribed in divisions (B)(1) and (2) of this
section, and
subject to sections 5733.052, 5733.053,
5733.057, 5733.058,
5733.059, and 5733.0510 of the Revised Code:
(1) The net nonbusiness income allocated or apportioned to this state as provided by
section 5733.051 of the Revised Code.
(2) The amount of Ohio apportioned net business income from sources
other than those allocated under section 5733.051 of the Revised
Code, which shall be determined calculated by multiplying the corporation's
net business income by a fraction. The numerator of
the fraction is the
sum of the following
products:
the property
factor multiplied by
twenty, the payroll factor
multiplied by twenty, and the sales
factor
multiplied by sixty. The denominator of
the fraction is
one hundred, provided
that
the denominator shall be reduced by
twenty if the property factor has a denominator of zero,
by twenty
if the payroll factor has a denominator of zero, and
by sixty if
the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be determined
as follows, but the numerator and the denominator of the factors shall not include the portion of any property, payroll, and sales otherwise includible in the factors to the extent that the portion relates to, or is used in connection, with the production of nonbusiness income allocated under section 5733.051 of the Revised Code:
(a) The property factor is a fraction the that, for a dealer in intangibles shall be determined pursuant to division (D) of section 5733.056 of the Revised Code in the same manner as if the dealer were a financial institution, and for a corporation that is not a dealer in intangibles shall be determined as follows: The numerator of
which
the fraction is the average value of the corporation's real and tangible
personal property owned or rented, and used in the trade or
business in this state during the taxable year, and the
denominator of which the fraction is the average value of all the
corporation's
real and tangible personal property owned or
rented, and used in
the trade or business everywhere during such
year. Real and tangible personal property used in the trade or business includes, but is not limited to, real and tangible personal property that the corporation rents, subrents, leases, or subleases to others if the income or loss from such rentals, subrentals, leases, or subleases is business income. There shall be
excluded from the numerator and denominator
of the property factor
fraction the original cost of all of the following
property within Ohio:
property with respect to which a
"pollution control facility"
certificate has been issued pursuant
to section 5709.21 of the
Revised Code; property with respect to
which an
"industrial water
pollution control certificate" has
been issued pursuant to section
6111.31 of the Revised Code; and
property used exclusively during
the taxable year for qualified
research.
(i) Property owned by the corporation is valued at its
original cost. Property rented by the corporation is valued at
eight times the net annual rental rate.
"Net annual rental rate"
means the annual rental rate paid by the corporation less any
annual rental rate received by the corporation from subrentals.
(ii) The average value of property shall be determined by
averaging the values at the beginning and the end of the taxable
year, but the tax commissioner may require the averaging of
monthly values during the taxable year, if reasonably required to
reflect properly the average value of the corporation's property.
(b) The payroll factor is a fraction the that, for a dealer in intangibles shall be determined pursuant to division (D) of section 5733.056 of the Revised Code in the same manner as if the dealer were a financial institution, and for a corporation that is not a dealer in intangibles shall be determined as follows: The numerator of
which
the fraction is the total amount paid in this state during the taxable
year by
the corporation for compensation, and the denominator of
which the fraction is
the total compensation paid everywhere by the
corporation during
such year. There shall be excluded from the
numerator and the
denominator of the payroll factor fraction the total
compensation paid in
this state to employees who are primarily
engaged in qualified
research.
(i) Compensation means any form of remuneration paid to an
employee for personal services.
(ii) Compensation is paid in this state if: (1) the
recipient's service is performed entirely within this state, (2)
the recipient's service is performed both within and without this
state, but the service performed without this state is incidental
to the recipient's service within this state, (3) some of the
service is performed within this state and either the base of
operations, or if there is no base of operations, the place from
which the service is directed or controlled is within this state,
or the base of operations or the place from which the service is
directed or controlled is not in any state in which some part of
the service is performed, but the recipient's residence is in
this
state.
(iii) Compensation is paid in this state to any employee
of
a common or contract motor carrier corporation, who performs
the
employee's regularly assigned duties on a motor vehicle
in more
than one
state, in the same ratio by which the mileage traveled by
such
employee within the state bears to the total mileage traveled
by
such employee everywhere during the taxable year.
(c)(i) The sales factor is a fraction that, for a dealer in intangibles shall be determined pursuant to division (F) of section 5733.056 of the Revised Code in the same manner as if the dealer were a financial institution, and for a corporation that is not a dealer in intangibles shall be determined as provided in division (B)(2)(c) of this section. Except as provided in section 5733.059 of the Revised
Code, the sales
factor is a fraction the numerator of which
the fraction is the
total sales in this state by the corporation during the
taxable
year, and the denominator of which the fraction is the total sales by
the
corporation everywhere during such year. In determining the
numerator and denominator of the sales factor, fraction, receipts excluded from gross income, receipts not otherwise included in net income under any provision of this title, and receipts from the
sale or other disposal of a capital asset or an asset described
in
section 1231 of the Internal Revenue Code shall be eliminated.
Also, in determining the numerator and denominator of the sales
factor, in the case of a reporting corporation owning at least
eighty per cent of the issued and outstanding common stock of one
or more insurance companies or public utilities, except an
electric company,
or owning at
least twenty-five per cent of the
issued and outstanding common
stock of one or more financial
institutions, receipts received by
the reporting corporation from
such utilities, insurance
companies, and financial institutions
shall be eliminated.
For the purpose of this section and section 5733.03 of the
Revised Code, sales of electricity and of electric transmission and distribution services shall be sitused to this state in the manner provided under section 5733.059 of the Revised Code.
Sales of real property located in this state are in this state. Sales of tangible personal property are in this
state where such either the property is received in this state by the
a purchaser other than the United States government, or the property is shipped from a location in this state and either the purchaser is the United States government or the seller is not liable for a tax on or measured by net income in the state where the property is received. In
In the case of delivery of tangible personal property
by common carrier or by other means of transportation, the place
at which such property is ultimately received after all
transportation has been completed shall be considered as the
place
at which such property is received by the purchaser.
Direct
delivery in this state, other than for purposes of
transportation,
to a person or firm designated by a purchaser
constitutes delivery
to the purchaser in this state, and direct
delivery outside this
state to a person or firm designated by a
purchaser does not
constitute delivery to the purchaser in this
state, regardless of
where title passes or other conditions of
sale.
Except as provided in division (B)(2)(c)(ii)_ of this section 5733.059 of the Revised Code,
sales, other than sales of electricity and of electric transmission and distribution services, of real property, and of tangible personal property, are
in this
state if either:
(i) The income-producing activity is performed solely in
this
state;
(ii) The income-producing activity is performed both
within
and without this state (I) the purchaser receives in this state the benefit of what is sold, or (II) the purchaser receives, in a state in which the seller is not subject to a tax on or measured by net income, the benefit of what is sold, and a greater proportion of the
income-producing activity, based on costs of performance, is
performed within this state than in
any other state, based on costs of performance in which the seller is liable for a tax on or measured by net income.
The tax commissioner may adopt rules pursuant to sections 5703.14 and 5733.07 of the Revised Code for ascertaining the location of the benefit of what is sold. Those rules may provide for prorating the benefit to more than one location. Such rules may apply to all corporations, to specified classes of corporations, or to corporations within a specified industry.
(ii) Notwithstanding division (B)(2)(c)(i) of this section, no receipts, income, or gain from the sale, exchange, or other disposition of stocks, bonds, options, or other securities shall be included in a corporation's sales factor unless the stocks, bonds, options, or other securities were part of the corporation's inventory as described in section 1221(a)(1) of the Internal Revenue Code, and, if they were part of such inventory, only the receipts from such sale, exchange, or other disposition shall be included in the sales factor.
(d) If the allocation and apportionment Subject to division (B)(2)(f) of this section, if the provisions of
division (B) of this section chapter do not fairly represent
the extent
of
the taxpayer's business activity in this state, the taxpayer
may
request, which request must be in writing and must accompany
the
report, a timely filed petition for reassessment, or a timely filed
amended report, or the tax commissioner may require, in
respect to
all or any part of the taxpayer's allocated or apportioned base,
if reasonable, any one or more of the following:
(ii) The exclusion of any one or more of the factors;
(iii) The inclusion of one or more additional factors
that
will fairly represent the taxpayer's allocated or
apportioned base
in this state;
(iv) The employment of any other method to effectuate an equitable calculation of the corporation's base.
An alternative method will be effective only with approval
by
the tax commissioner.
Nothing in this section shall be construed to extend any
statute of limitations set forth in this chapter.
(e) Pursuant to sections 5703.14 and 5733.07 of the Revised Code, the tax commissioner may adopt rules providing for alternative allocation and apportionment methods, and alternative calculations of a corporation's base, that apply to all corporations, to specified classes of corporations, or to corporations within a specified industry.
(f) Unless prior written approval is received from the commissioner, a person making a request under division (B)(2)(d) of this section to apportion or to allocate income in a manner other than as provided in this chapter without regard to division (B)(2)(d) of this section must first pay the tax imposed under this chapter, computed in a good faith and reasonable manner, based on the provisions of this chapter without regard to division (B)(2)(d) of this section. In addition to the other penalties provided for under this chapter, the commissioner may impose an additional penalty of up to fifteen per cent on the difference in tax as determined by the commissioner and the tax paid by the corporation that, without obtaining the prior written approval of the commissioner, apportions or allocates income in a manner other than as provided by this chapter without regard to division (B)(2)(d) of this section. The penalty so imposed may be billed and assessed in the same manner as the tax.
A request under division (B)(2)(d) of section 5733.05 of the Revised Code, either to apportion or allocate income or to calculate a corporation's base in a manner other than as provided in this chapter without regard to division (B)(2)(d) of this section, shall not be allowed or granted to a corporation that fails to obtain from the commissioner prior written approval either to apportion or allocate income in a manner other than as provided in this chapter without regard to division (B)(2)(d) of this section, and that fails to compute and pay fully the tax imposed by this chapter, in a good faith and reasonable manner, based on the provisions of this chapter without regard to division (B)(2)(d) of this section.
Nothing in this section requires the tax commissioner to allow or grant any request for, or prevents the commissioner from requiring, an alternative method under division (B)(2)(d) of this section.
(C)(1) Subject to divisions (C)(2) and (3) of
this section,
the The total value, as shown on the books of each
corporation that is
not a qualified holding company, of the net
book value of a
the corporation's assets less the net carrying
value of its
liabilities, and excluding from the corporation's
assets land
devoted exclusively to agricultural use as of the first
Monday of
June in the corporation's taxable year as
determined by the county
auditor of the county in which the land is located
pursuant to
section 5713.31 of the Revised Code, and making any adjustment required by division (D) of this section. For the purposes of
determining that
total value, any reserves shown on the
corporation's books
shall be considered liabilities or contra
assets, as the case may be, except for any reserves that
are deemed appropriations of
retained earnings under generally
accepted accounting principles.
(2)(a) The base upon which the tax is levied under division (C) of section 5733.06 of the Revised Code shall be computed by multiplying the amount determined under division (C)(1) of this section by the fraction determined under divisions (B)(2)(a) to (c) of this section and, if applicable, divisions (B)(2)(d)(ii) to (iv) of this section, and with regard to section 5733.052 of the Revised Code, but substituting "net worth" for "net income" wherever "net income" appears in division (B)(2)(c) in this section. For purposes of division (C)(2) of this section, the numerator and denominator of each of the fractions shall include the portion of any real and tangible personal property, payroll, and sales, respectively, relating to, or used in connection with the production of, net nonbusiness income allocated under section 5733.051 of the Revised Code. Nothing in this division shall allow any amount to be included in the numerator or denominator more than once. If the commissioner approves an alternative method pursuant to divisions (B)(2)(d) and (e) of this section for purposes of determining the taxpayer's base under division (B) of this section, a consistent method shall be employed for purposes of determining the taxpayer's base under division (C) of this section.
(D) This division does not apply with respect to any person purporting to have elected to be a qualifying holding company if the person is participating, or is required to participate, in the filing of a consolidated report described in section 5733.052 of the Revised Code. Notwithstanding any other section of this chapter to the contrary, no person participating, or required to participate, in the filing of a consolidated report described in section 5733.052 of the Revised Code shall be eligible to make an election to be a qualifying holding company for the tax year.
(1) If, on the last day of the taxpayer's
taxable year
preceding the tax year, the taxpayer is a related
member to a
corporation that elects to be a qualifying holding
company for the
tax year beginning after the last day of
the taxpayer's taxable
year, or if, on the last day of the taxpayer's
taxable year
preceding the tax year, a corporation that elects to
be a
qualifying holding company for the tax year
beginning after the
last day of the taxpayer's taxable year is a
related member to the
taxpayer, then the taxpayer's total
value for the purposes of division (C) of this section shall be adjusted by the
qualifying amount. Except as
otherwise provided under division
(C)(D)(2)(b) of this section,
"qualifying amount" means the
amount
that, when added to the
taxpayer's total value, and when
subtracted from the net carrying value of the
taxpayer's
liabilities
computed without regard to division
(C)(2)(D) of this
section,
or when subtracted
from the taxpayer's total value and
when added to the net
carrying value of the taxpayer's liabilities
computed without
regard to division (C)(2)(D) of
this section,
results
in the taxpayer's debt-to-equity ratio equaling the
debt-to-equity ratio of the qualifying controlled group on the
last day of the taxable year ending prior to the first day of
the
tax year
computed on a consolidated basis in accordance with
general
accepted accounting principles. For the purposes of
division
(C)(2)(a)(D)(1) of this section, the corporation's total value,
after the
adjustment required by that division, shall not exceed
the net
book value of the corporation's assets.
(b)(i)(2)(a) The amount
added to the taxpayer's total value and
subtracted from
the net carrying value of the taxpayer's
liabilities shall
not exceed the amount of the net carrying value
of the
taxpayer's liabilities owed to the
taxpayer's related
members.
(ii)(b) A liability owed to the taxpayer's related members
includes,
but
is not limited to, any amount that the corporation
owes to a
person that is not a related member if the corporation's
related member or related members in whole or in part guarantee
any portion or all of that amount, or pledge, hypothecate,
mortgage, or carry out any similar transactions to secure any
portion or all of that amount.
(3) The base upon which the tax is levied under division (C)
of
section
5733.06 of the Revised Code shall be computed by
multiplying the amount determined under divisions
(C)(1) and (2)
of this section by the fraction
determined under divisions
(B)(2)(a)
to (c) of this section and, if
applicable, divisions
(B)(2)(d)(ii) to (iv)
of this section but without regard to
section 5733.052 of the
Revised Code.
(4) For purposes of division
(C)(D) of this section,
"related
member" has the same meaning as in division
(A)(6) of section
5733.042 of the Revised Code without regard to division (B)
of
that section.
Sec. 5733.051. Subject For purposes of this section, "capital gain" does not include any item of income that is not treated as a capital gain under section 1245 or 1250 of the Internal Revenue Code or under any other similar section of the Internal Revenue Code.
For purposes of this section, "available" means information is such that a person is able to learn of the information by the due date plus extensions, if any, for filing the report for the tax year immediately following the last day of the taxable year, and "modified qualifying controlled group" means that portion of a qualifying controlled group consisting of the corporation the sale of which resulted in the gain or loss described in division (E) of this section together with all members of the qualifying controlled group owned directly or indirectly by that corporation, or the corporation that directly paid the dividend or directly made the distribution described in division (F) of this section together with all members of the qualifying controlled group owned directly or indirectly by that corporation.
Unless the corporation has received prior written approval from the tax commissioner, a corporation making a request under division (B)(2)(d) of section 5733.05 of the Revised Code to allocate or apportion income, or to calculate the base, in a manner other than as provided in this section must first pay the tax imposed under this chapter, computed and paid in full in a good faith and reasonable manner, without regard to division (B)(2)(d) of section 5733.05 of the Revised Code. Unless the person receives prior written approval from the commissioner and unless the person computes and pays in full the tax imposed by this chapter, in a good faith and reasonable manner, without regard to division (B)(2)(d) of section 5733.05 of the Revised Code, the allocation or apportionment of income in a manner other than as provided in this section shall not be allowed or granted.
Nothing in this section requires the commissioner to allow or grant any request for, or prevents the commissioner from requiring, an alternative method under division (B)(2)(d) of section 5733.05 of the Revised Code.
Subject to section 5733.0510 of the Revised
Code, net
income of a corporation subject to the
tax imposed by
section 5733.06 of the Revised Code shall be
allocated and
apportioned to this state as follows:
(A) Net rents and royalties from real property located in
this state are allocable to this state. Net rents and royalties from real property not located in this state are allocable outside this state.
(B) Net rents and royalties from tangible personal
property,
to the extent such property is utilized in this state,
are
allocable to this state if the taxpayer is otherwise subject
to
the tax imposed by section
5733.06 of the Revised Code. Net rents and royalties from tangible personal property, to the extent such property is utilized outside this state, are allocable outside this state.
(C) Capital gains and losses from the sale or other
disposition of real property located in this state are allocable
to this state. Capital gains and losses from the sale or other disposition of real property located outside this state are allocable outside this state.
(D) Capital gains and losses from the sale or other
disposition of tangible personal property are allocable to this
state if the property had a situs in this state at the time of
sale and the taxpayer is otherwise subject to the tax imposed by
section 5733.06 of the Revised Code to the extent such property was utilized in this state prior to the property's sale or other disposition. Capital gains and losses from the sale or other disposition of tangible personal property are allocable outside this state to the extent such property was utilized outside this state prior to the property's sale or other disposition.
(E) Capital gains and losses from the sale or other
disposition of intangible property which may produce income
enumerated in division (F)(1) of this section are allocable on the
same basis as set forth in
that division, substituting the day of the sale or disposition for the day on which the payor pays the dividend or makes the distribution, but if the location of the physical assets described in that division is not available to the taxpayer, such gains and losses are apportionable under division (I) of this section. Capital gains and
losses from the sale or other disposition of all other intangible
property are apportionable under division
(I) of this section.
(F) "Dividends or distributions" to which this division refers are dividends directly or indirectly paid by or distributions directly or indirectly made by any person classified for federal income tax purposes as an association taxable as a corporation.
(1) Dividends or distributions which are not otherwise
deducted or excluded from net income, other than dividends or
distributions from a domestic international sales corporation,
are
allocable shall be allocated to this state in accordance with the ratio of the
book
value of the physical assets of the payor of the dividends
or
distributions located in this state divided by the book value
of
the total physical assets of the payor located everywhere by multiplying such dividends and distributions by a fraction. The numerator of the fraction is the book value of the physical assets in this state of the payor or, if the payor is a member of a modified qualifying controlled group on the last day of the payor's fiscal or calendar year ending immediately prior to the day on which the payor pays the dividend or makes the distribution, the sum of the book values of the physical assets in this state of the payor and of all the other members of the modified qualifying controlled group of which the payor is a member on the last day of the payor's fiscal or calendar year ending immediately prior to the day on which the payor pays the dividend or makes the distribution. The denominator of the fraction is the book value of the physical assets everywhere of the payor or, if the payor is a member of a modified qualifying controlled group on the last day of the payor's fiscal or calendar year ending immediately prior to the day on which the payor pays the dividend or makes the distribution, the sum of the book values of the physical assets everywhere of the payor and of all the other members of the modified qualifying controlled group of which the payor is a member on the last day of the payor's fiscal or calendar year ending immediately prior to the day on which the payor pays the dividend or makes the distribution.
Dividends or distributions received from a domestic international
sales corporation, or from a payor for which the location of whose physical
assets described in this division is unavailable not available to the taxpayer, are apportionable under
division
(I) of this section.
(2) If the payor of a dividend or distribution, or if that payor and any members of the qualifying controlled group of which the payor is a member on the last day of the payor's fiscal or calendar year ending immediately prior to the day on which the payor pays the dividend or makes the distribution, separately or cumulatively own, directly or indirectly, on the last day of the payor's fiscal or calendar year ending immediately prior to the day on which the payor pays the dividend or makes the distribution, more than fifty per cent of the equity of a pass-through entity, then for purposes of division (F)(1) of this section the payor and the other members are deemed to own the proportionate share of the physical assets that the pass-through entity directly or indirectly owns on the last day of the payor's fiscal or calendar year ending immediately prior to the day on which the payor pays the dividend or makes the distribution.
(3) For the purposes of division (F)(3) of this section, "upper level pass-through entity" means a pass-through entity directly or indirectly owning any equity of another pass-through entity, and "lower level pass-through entity" means that other pass-through entity. For purposes of divisions (F)(1) and (2) of this section, an upper level pass-through entity is deemed to own, on the last day of the upper level pass-through entity's fiscal or calendar year, the proportionate share of the lower level pass-through entity's physical assets that the lower level pass-through entity directly or indirectly owns on the last day of the lower level pass-through entity's fiscal or calendar year ending within or with the last day of the upper level pass-through entity's fiscal or calendar year. If the upper level pass-through entity directly and indirectly owns less than fifty per cent of the equity of the lower level pass-through entity on each day of the upper level pass-through entity's fiscal or calendar year in which or with which ends the fiscal or calendar year of the lower level pass-through entity and if, based upon clear and convincing evidence, complete information about the location and cost of the physical assets of the lower level pass-through entity is not available to the upper level pass-through entity, then for purposes of divisions (F)(1) and (2) of this section, the upper level pass-through entity shall be deemed as owning no equity of the lower level pass-through entity for each day during the upper level pass-through entity's calendar or fiscal year in which or with which ends the lower level pass-through entity's fiscal or calendar year.
(G) Patent and copyright Net rents, net royalties, and net technical
assistance
fees, not representing the principal source of gross
receipts of
the taxpayer, from intangible property are allocable to this state to the
extent that the
activity of the payor thereof giving rise to the
payment takes
place in this state. If the location of the
a payor's activity is
unavailable not available to the taxpayer, such corporation, the net rents, net royalties,
and net technical assistance fees are
allocable or apportionable under division
(I) of this section.
(H)(1)
The following amounts described in division (B)(5) of section
5747.20 of the Revised Code are allocable to this state:
(a) All lottery prize awards paid by the state lottery commission pursuant to Chapter 3770. of the Revised Code;
(b) All earnings, profit, income, and gain from the sale, exchange, or other disposition of lottery prize awards paid or to be paid to any person by the state lottery commission pursuant to Chapter 3770. of the Revised Code;
(c) All earnings, profit, income, and gain from the direct or indirect ownership of lottery prize awards paid or to be paid to any person by the state lottery commission pursuant to Chapter 3770. of the Revised Code;
(d) All earnings, profit, income, and gain from the direct or indirect interest in any right in or to any lottery prize awards paid or to be paid to any person by the state lottery commission pursuant to Chapter 3770. of the Revised Code.
(2) Lottery prize awards and related earnings, profit, income, or gain with respect to lotteries sponsored by persons or agencies outside this state shall be allocated outside this state.
(I) Any Every other item of net nonbusiness income, from sources other than those
enumerated in divisions (A) to
(H) of this section, is
allocated entirely to this state except to the extent the allocation of such item of net nonbusiness income entirely to this state is not within the taxing power of this state under the Constitution of the United States. To the extent such allocation entirely to this state would not be within the taxing power of this state under the Constitution of the United States, such item of net nonbusiness income is apportionable to this state on the basis of the mechanism
provided
in division (B)(2) of section 5733.05 and in section 5733.057 of the Revised
Code.
Sec. 5733.052. (A) Any elected, requested, or required combination of income made pursuant to this section prior to the effective date of the repeal and reenactment of this section by .B. of the 125th general assembly shall not apply to taxable years ending on or after that effective date. No elected, requested, or required combination of income shall be allowed for taxable years ending on or after that effective date. Nothing in this section affects or modifies each taxpayer's unused net operating losses calculated pursuant to this section prior to that effective date.
(B)(1)(a)(i) At any time during the period or extended period described in section 5733.11 of the Revised Code, a taxpayer may elect to file a consolidated report for the tax year and pay the tax so computed in accordance with this section.
(ii) At any time during the period or extended period described in section 5733.11 of the Revised Code, the taxpayer may revoke the election described in division (B)(1)(a)(i) of this section and seek a refund of any excess tax paid, together with appropriate interest and any previously paid penalty related to the refund of tax.
(b)(i) The tax commissioner may not revoke or set aside a taxpayer's election to file a consolidated report allowed by division (B)(1)(a)(i) of this section.
(ii) The tax commissioner may not revoke or set aside a taxpayer's revocation, allowed by division (B)(1)(a)(ii) of this section, of the taxpayer's previous election to file a consolidated report. Nothing in division (B)(1)(b)(ii) shall limit the tax commissioner's authority under division (B)(2)(a) of this section to require that the taxpayer file a consolidated report for the tax year to which the taxpayer's revocation applies.
(2)(a) At any time during the period or extended period described in section 5733.11 of the Revised Code, the tax commissioner, to the extent allowed by the Constitution of the United States, may require a taxpayer to file a consolidated report for the tax year, and pay the appropriate tax, interest, and penalty if the tax commissioner ascertains that, in order to properly reflect income, such a consolidation is necessary because of intercorporate transactions and the tax liability imposed by section 5733.06 of the Revised Code.
(b) At any time during the period or extended period described in section 5733.11 of the Revised Code, the tax commissioner may revoke the requirement under division (B)(2)(a) of this section that the taxpayer file a consolidated report for the tax year.
(i) If such revocation by the tax commissioner results in the imposition of additional tax, interest, and penalty, the taxpayer or taxpayers shall immediately pay all additional tax, interest, and penalty.
(ii) If such revocation by the tax commissioner results in a reduction of tax, interest, and penalty, the tax commissioner shall immediately refund to the taxpayer or taxpayers the excess tax paid, together with interest and any related penalty previously paid.
(C) Except as set forth in divisions (C)(1) and (2) and (E) of this section, the concepts and principles set forth in sections 1501 and 1502 of the Internal Revenue Code and the United States Department of Treasury regulations issued thereunder shall apply to the consolidated report. To the extent not inconsistent with sections 1501 and 1502 of the Internal Revenue Code and the United States Department of Treasury regulations issued thereunder:
(1) The consolidated report shall show and include the consolidated net income of all members of the consolidated federal income tax return for the taxable year immediately preceding the tax year, but shall not include a financial institution or a person exempt from the tax imposed under this chapter under division (A) or (C) of section 5733.09 of the Revised Code.
(2) The consolidated report shall show and include the consolidated net worth, as of the date shown by the report to have been the beginning of the annual accounting period that includes the first day of January of the tax year, for all members of the consolidated federal income tax return for the taxable year ending immediately prior to such date, but shall not include a financial institution or a person exempt from the tax imposed under this chapter under division (A) or (C) of section 5733.09 of the Revised Code.
(3) Each item of income, gain, expense, or loss shall be ascertained to be business income or nonbusiness income as if all the corporations participating, or required to participate, in the filing of the consolidated tax report were one corporation.
(4) The following items shall be ascertained as if all the corporations participating, or required to participate, in the filing of the consolidated tax report were one corporation: the calculation of the apportionment fraction described in division (B) of section 5733.05 of the Revised Code, the calculation of business income apportioned to this state, the calculation of nonbusiness income allocated or apportioned to this state, the calculation of the net worth apportioned to this state, and the computation of the tax described in section 5733.06 of the Revised Code.
(D) Unless another section of the Revised Code expressly provides otherwise, then to the extent not inconsistent with sections 1501 and 1502 of the Internal Revenue Code and the United States Department of Treasury regulations issued thereunder, the computation of all credits shall be ascertained as if all the corporations participating, or required to participate, in the filing of the consolidated tax report were one corporation.
(E) Notwithstanding division (C) of this section to the contrary, each corporation participating, or required to participate, in the filing of the consolidated report allowed by this section shall be jointly and severally liable for the tax, interest, and penalty imposed by this chapter. An assessment against one or more corporations shall not bar, and shall not be a waiver of, the subsequent assessment of, and collection from, any or all other corporations participating, or required to participate, in the filing of the consolidated report.
Sec. 5733.056. (A) As used in this section:
(1)
"Billing address" means the street address where any notice,
statement, or
bill, or similar acknowledgement relating to a customer's account is mailed sent, as
indicated in the
books and records of the taxpayer on the first
day of the
taxable year or on such later date in the taxable year
when the
customer relationship began. If the notice, statement, bill, or similar acknowledgement is sent by mail to a post office box or is sent electronically or by other means to an address other than a street address, or if no notice, statement, bill, or acknowledgement is sent, the customer's street address set forth in the books and records of the taxpayer is the billing address.
(2)
"Borrower or credit card holder located in this state"
means:
(a) A borrower, other than a credit card holder, that is
engaged in a trade or business and maintains its commercial
domicile in this state; or
(b) A borrower that is not engaged in a trade or business,
or a
credit card holder, whose billing address is in this state.
(3)
"Branch" means a
"domestic branch" as defined in
section
3 of the
"Federal Deposit Insurance
Act," 64 Stat. 873,
12 U.S.C.
1813(o), as amended.
(4)
"Compensation" means wages, salaries, commissions,
and
any other form of remuneration paid to employees for
personal
services that are included in such employee's gross
income under
the Internal Revenue Code. In the
case of
employees not subject
to the Internal Revenue Code,
such as those employed in foreign
countries, the determination of
whether such payments would
constitute gross income to such
employees under the Internal
Revenue Code shall be
made as though such employees were subject
to the Internal Revenue
Code.
(5)
"Credit card" means a credit, travel, or entertainment
card.
(6)
"Credit card issuer's reimbursement fee" means the fee a
taxpayer receives from a merchant's bank because one of the
persons to whom the taxpayer has issued a credit card has
charged
merchandise or services to the credit card.
(7)
"Deposits" has the meaning given in section 3 of the
"Federal Deposit Insurance Act," 64
Stat. 873, 12 U.S.C. 1813(1),
as amended.
(8)
"Employee" means, with respect to a particular
taxpayer,
any individual who under the usual common law rules
applicable in
determining the employer-employee relationship,
has the status of
an employee of that taxpayer.
(9)
"Gross rents" means the actual sum of money or other
consideration payable for the use or possession of property.
"Gross rents" includes:
(a) Any amount payable for the use or possession of real
property or tangible personal property whether designated as a
fixed sum
of money or as a percentage of receipts, profits, or
otherwise;
(b) Any amount payable as additional rent or in lieu of
rent,
such as interest, taxes, insurance, repairs, or any other
amount
required to be paid by the terms of a lease or other
arrangement; and
(c) A proportionate part of the cost of any improvement to
real
property made by or on behalf of the taxpayer which reverts
to
the owner or lessor upon termination of a lease or other
arrangement. The amount to be included in gross rents is the
amount of amortization or depreciation allowed in computing the
taxable income base for the taxable year. However, where a
building is erected on leased land, by or on behalf of the
taxpayer, the value of the land is determined by multiplying the
gross rent by eight, and the value of the building is determined
in the same manner as if owned by the taxpayer.
(d) The following are not included in the term
"gross
rents":
(i) Reasonable amounts payable as separate charges for water
and electric service furnished by the lessor;
(ii) Reasonable amounts payable as service charges for
janitorial
services furnished by the lessor;
(iii) Reasonable amounts payable for storage, provided such
amounts are payable for space not designated and not under the
control of the taxpayer; and
(iv) That portion of any rental payment which is applicable
to
the space subleased from the taxpayer and not used by it.
(10)
"Loan" means any extension of credit resulting from
direct
negotiations between the taxpayer and its customer, or the
purchase, in whole or in part, of such extension of credit from
another. Loans include debt obligations of subsidiaries,
participations, syndications, and leases treated as loans for
federal income tax purposes.
"Loan" does not include:
properties
treated as loans under section 595 of the Internal
Revenue Code;
futures or forward contracts; options;
notional
principal
contracts such as swaps; credit card receivables,
including
purchased credit card relationships; non-interest
bearing balances
due from depositor institutions; cash items in
the process of
collection; federal funds sold; securities
purchased under
agreements to resell; assets held in a trading
account;
securities; interests in a real estate mortgage investment conduit
or
other mortgage-backed or asset-backed security; and other
similar
items.
(11)
"Loan secured by real property" means that fifty per
cent
or more of the aggregate value of the collateral used to
secure
a loan or other obligation, when valued at fair market
value as
of the time the original loan or obligation was incurred,
was
real property.
(12)
"Merchant discount" means the fee, or negotiated
discount,
charged to a merchant by the taxpayer for the privilege
of
participating in a program whereby a credit card is accepted in
payment for merchandise or services sold to the card holder.
(13)
"Participation" means an extension of credit in which
an
undivided ownership interest is held on a pro rata basis in a
single loan or pool of loans and related collateral. In a loan
participation, the credit originator initially makes the loan
and
then subsequently resells all or a portion of it to other
lenders.
The participation may or may not be known to the
borrower.
(14)
"Principal base of operations" with respect to
transportation property means the place of more or less
permanent
nature from which the property is regularly directed
or
controlled. With respect to an employee, the
"principal base
of
operations" means the place of more or less permanent nature
from
which the employee regularly (a) starts work and
to which the
employee customarily returns in order to receive
instructions from
the employer or (b) communicates with
the employee's customers or
other persons or (c) performs any other
functions necessary to the
exercise of the trade or
profession at some other point or points.
(15)
"Qualified institution" means a financial institution
that on or after June 1, 1997:
(a)(i) Has consummated one or more approved
transactions
with insured banks with different home states that
would qualify
under section 102 of the
"Riegle-Neal
Interstate Banking and
Branching Efficiency Act of
1994," Public Law 103-328, 108
Stat.
2338;
(ii) Is a federal savings association or federal savings
bank
that has consummated one or more interstate acquisitions that
result in a financial institution that has branches in more
than
one state; or
(iii) Has consummated one or more approved interstate
acquisitions under authority of Title XI of the
Revised
Code that
result in a financial institution that has branches
in more than
one state; and
(b) Has at least
nine per cent of its deposits in
this
state
as of the last day of June prior to the beginning of
the tax
year.
(16)
"Real property owned" and
"tangible personal
property
owned" mean real and tangible personal property,
respectively, on
which the taxpayer may claim depreciation
for federal income tax
purposes, or to which the
taxpayer holds legal title and on which
no other person may
claim depreciation for federal income tax
purposes, or could
claim depreciation if subject to federal income
tax. Real and
tangible personal property do not include coin,
currency, or
property acquired in lieu of or pursuant to a
foreclosure.
(17)
"Regular place of business" means an office at which
the
taxpayer carries on its business in a regular and systematic
manner and which is continuously maintained, occupied, and used
by
employees of the taxpayer.
(18)
"State" means a state of the United States, the
District
of Columbia, the commonwealth of Puerto Rico, or
any
territory or
possession of the United States.
(19)
"Syndication" means an extension of credit in which two
or
more persons fund and each person is at risk only up to a
specified percentage of the total extension of credit or up to a
specified dollar amount.
(20)
"Transportation property" means vehicles and vessels
capable of moving under their own power, such as aircraft,
trains,
water vessels and motor vehicles, as well as any
equipment or
containers attached to such property, such as
rolling stock,
barges, trailers, or the like.
(21) "Commissions earned" includes, but is not limited to, brokerage commissions, asset management fees, and similar fees charged in the regular course of business to a customer for the maintenance and management of the customer's brokerage account.
(B) The annual financial institution report determines the
value of the issued and outstanding shares of stock of the
taxpayer, and is the base or measure of the franchise tax
liability. Such determination shall be made as of the date
shown
by the report to have been the beginning of the financial
institution's annual accounting period that includes the first
day
of January of the tax year. For purposes of this section,
division (A) of section 5733.05, and division (D) of
section
5733.06 of the Revised Code, the
value of the issued and
outstanding shares of stock of the financial
institution shall
include the total value, as shown by the books of the
financial
institution, of its capital, surplus, whether earned or unearned,
undivided profits, and reserves, but exclusive of:
(1) Reserves for accounts receivable, depreciation,
depletion,
and any other valuation reserves with respect to
specific assets;
(2) Taxes due and payable during the year for which such
report was made;
(3) Voting stock and participation certificates in
corporations
chartered pursuant to the
"Farm Credit Act of 1971,"
85 Stat. 597, 12 U.S.C.
2091, as amended;
(4) Good will, net aggregate appreciation under the equity method of accounting of investments in the capital stock of directly owned first-tier affiliates, and abandoned property as set
up
in the annual report of the financial institution, provided a
certified balance sheet of the company is made available upon
the
request of the tax commissioner. Such balance sheet shall
not be
a part of the public records, but shall be a confidential
report
for use of the tax commissioner only.
(5) A portion of the value of the issued and outstanding
shares
of stock of such financial institution equal to the amount
obtained by multiplying such value by the quotient obtained by:
(a) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of public utilities, except combined companies or electric companies, telephone companies for tax years 2005 or thereafter, or water transportation companies for tax years 2004 and thereafter, of which at
least eighty per cent of the utility's issued and outstanding
common stock is owned by the financial institution by (2) the
total assets of such financial institution as shown on its
books;
(b) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of insurance companies of which
at
least eighty per cent of the insurance company's issued and
outstanding common stock is owned by the financial institution
by
(2) the total assets of such financial institution as shown
on its
books;
(c) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of other financial institutions
of
which at least twenty-five per cent of the other financial
institution's issued and outstanding common stock is owned by
the
financial institution by (2) the total assets of the
financial
institution as shown on its books. Division
(B)(5)(c) of this
section applies only with respect to such other
financial
institutions that for the tax year immediately
following the
taxpayer's taxable year will pay the tax imposed
by division (D)
of section 5733.06 of the Revised Code.
(6) Land that has been determined pursuant to section
5713.31
of the Revised Code by the county auditor of the county in
which the land is located to be devoted exclusively to
agricultural
use as of the first Monday of June in the financial
institution's taxable year.
(7) Property within this state used exclusively during the
taxable
year for qualified research as defined in section 5733.05
of the
Revised Code.
(C) The base upon which the tax levied under
division (D) of
section 5733.06 of the Revised Code
shall be computed by
multiplying the value of a financial institution's issued
and
outstanding shares of stock as determined
in division (B) of this
section by a fraction. The numerator of the
fraction is the sum
of the following:
the property factor multiplied by fifteen,
the
payroll factor multiplied by fifteen, and
the sales factor
multiplied by seventy.
The denominator of the fraction is
one
hundred, provided that the denominator shall be reduced by fifteen
if the
property factor has a denominator of zero, by fifteen if
the payroll factor
has
a denominator of zero, and by seventy if
the sales factor has a denominator of
zero.
(D) A financial institution shall calculate the property
factor
as follows:
(1) The property factor is a fraction, the numerator of
which
is the average value of real property and tangible personal
property rented to the taxpayer that is located or used within
this state during the taxable year, the average value of
real and
tangible personal property owned by the taxpayer that is
located
or used within this state during the taxable year, and
the average
value of the taxpayer's loans and credit card
receivables that are
located within this state during the
taxable year; and the
denominator of which is the average value
of all such property
located or used within and without this
state during the taxable
year.
(2)(a) The value of real property and tangible personal
property owned by the taxpayer is the original cost or other
basis
of such property for federal income tax purposes without
regard to
depletion, depreciation, or amortization.
(b) Loans are valued at their outstanding principal balance,
without regard to any reserve for bad debts. If a loan is
charged-off in whole or in part for federal income tax purposes,
the portion of the loan charged-off is not outstanding. A
specifically allocated reserve established pursuant to financial
accounting guidelines which is treated as charged-off for
federal
income tax purposes shall be treated as charged-off for
purposes
of this section.
(c) Credit card receivables are valued at their outstanding
principal balance, without regard to any reserve for bad debts.
If a credit card receivable is charged-off in whole or in part
for
federal income tax purposes, the portion of the receivable
charged-off is not outstanding.
(3) The average value of property owned by the taxpayer is
computed on an annual basis by adding the value of the property
on
the first day of the taxable year and the value on the last
day of
the taxable year and dividing the sum by two. If
averaging on
this basis does not properly reflect average value,
the tax
commissioner may require averaging on a more frequent
basis. The
taxpayer may elect to average on a more frequent
basis. When
averaging on a more frequent basis is required by
the tax
commissioner or is elected by the taxpayer, the same
method of
valuation must be used consistently by the taxpayer
with respect
to property within and without this state and on
all subsequent
returns unless the taxpayer receives prior
permission from the tax
commissioner or the tax commissioner
requires a different method
of determining value.
(4)(a) The average value of real property and tangible
personal
property that the taxpayer has rented from another and is
not treated as property owned by the taxpayer for federal income
tax purposes, shall be determined annually by multiplying the
gross rents payable during the taxable year by eight.
(b) Where the use of the general method described in
division
(D)(4)(a) of this section results in inaccurate
valuations
of rented property,
any other method which properly
reflects the value may be
adopted by the tax commissioner or by
the taxpayer when approved
in writing by the tax commissioner.
Once approved, such other
method of valuation must be used on all
subsequent returns
unless the taxpayer receives prior approval
from the tax
commissioner or the tax commissioner requires a
different method
of valuation.
(5)(a) Except as described in division (D)(5)(b)
of this
section,
real property and tangible personal property owned by or
rented
to the taxpayer is considered to be located within this
state if
it is physically located, situated, or used within this
state.
(b) Transportation property is included in the numerator of
the
property factor to the extent that the property is used in
this
state. The extent an aircraft will be deemed to be used in
this
state and the amount of value that is to be included in the
numerator of this state's property factor is determined by
multiplying the average value of the aircraft by a fraction, the
numerator of which is the number of landings of the aircraft in
this state and the denominator of which is the total number of
landings of the aircraft everywhere. If the extent of the use
of
any transportation property within this state cannot be
determined, then the property will be deemed to be used wholly
in
the state in which the property has its principal base of
operations. A motor vehicle will be deemed to be used wholly in
the state in which it is registered.
(6)(a)(i) A loan, other than a loan or advance described in
division (D)(6)(d) of this section, is considered to be
located
within this state if it is properly assigned to a regular place
of
business of the taxpayer within this state.
(ii) A loan is properly assigned to the regular place of
business with which it has a preponderance of substantive
contacts. A loan assigned by the taxpayer to a regular place of
business without the state shall be presumed to have been
properly
assigned if:
(I) The taxpayer has assigned, in the regular course of its
business, such loan on its records to a regular place of
business
consistent with federal or state regulatory
requirements;
(II) Such assignment on its records is based upon
substantive
contacts of the load to such regular place of
business; and
(III) The taxpayer uses the records reflecting assignment of
loans for the filing of all state and local tax returns for
which
an assignment of loans to a regular place of business is
required.
(iii) The presumption of proper assignment of a loan
provided in
division (D)(6)(a)(ii) of this section may be
rebutted
upon a showing by the tax commissioner, supported by a
preponderance of the evidence, that the preponderance of
substantive contacts regarding such loan did not occur at the
regular place of business to which it was assigned on the
taxpayer's records. When such presumption has been rebutted,
the
loan shall then be located within this state if (1) the
taxpayer
had a regular place of business within this state at
the time the
loan was made; and (2) the taxpayer fails to show,
by a
preponderance of the evidence, that the preponderance of
substantive contacts regarding such
loan did not occur within
this
state.
(b) In the case of a loan which is assigned by the taxpayer
to
a place without this state which is not a regular place of
business, it shall be presumed, subject to rebuttal by the
taxpayer on a showing supported by the preponderance of
evidence,
that the preponderance of substantive contacts
regarding the loan
occurred within this state if, at the time
the loan was made the
taxpayer's commercial domicile was within
this state.
(c) To determine the state in which the preponderance of
substantive contacts relating to a loan have occurred, the facts
and circumstances regarding the loan at issue shall be reviewed
on
a case-by-case basis and consideration shall be given to such
activities as the solicitation, investigation, negotiation,
approval, and administration of the loan. The terms
"solicitation,"
"investigation,"
"negotiation,"
"approval," and
"administration" are defined as follows:
(i)
"Solicitation" is either active or passive. Active
solicitation occurs when an employee of the taxpayer initiates
the
contact with the customer. Such activity is located at the
regular place of business which the taxpayer's employee is
regularly connected with or working out of, regardless of where
the services of such employee were actually performed. Passive
solicitation occurs when the customer initiates the contact with
the taxpayer. If the customer's initial contact was not at a
regular place of business of the taxpayer, the regular place of
business, if any, where the passive solicitation occurred is
determined by the facts in each case.
(ii)
"Investigation" is the procedure whereby employees of
the
taxpayer determine the creditworthiness of the customer as
well
as the degree of risk involved in making a particular
agreement.
Such activity is located at the regular place of
business which
the taxpayer's employees are regularly connected
with or working
out of, regardless of where the services of such
employees were
actually performed.
(iii) Negotiation is the procedure whereby employees of the
taxpayer and its customer determine the terms of the agreement,
such as the amount, duration, interest rate, frequency of
repayment, currency denomination, and security required. Such
activity is located at the regular place of business to which the
taxpayer's employees are regularly connected or working
from,
regardless of where the services of such employees were
actually
performed.
(iv)
"Approval" is the procedure whereby employees or the
board
of directors of the taxpayer make the final determination
whether to enter into the agreement. Such activity is located
at
the regular place of business to which the taxpayer's employees
are regularly connected or working from, regardless of
where the
services of such employees were actually performed.
If the board
of directors makes the final determination, such
activity is
located at the commercial domicile of the taxpayer.
(v)
"Administration" is the process of managing the account.
This process includes bookkeeping, collecting the payments,
corresponding with the customer, reporting to management
regarding
the status of the agreement, and proceeding against the
borrower
or the security interest if the borrower is in default.
Such
activity is located at the regular place of business that
oversees
this activity.
(d) A loan or advance to a subsidiary corporation at least
fifty-one per cent of whose common stock is owned by the
financial
institution shall be allocated in and out of the state
by the
application of a ratio whose numerator is the sum of the
net book
value of the subsidiary's real property owned in this
state and
the subsidiary's tangible personal property owned in
this state
and whose denominator is the sum of the subsidiary's
real property
owned wherever located and the subsidiary's
tangible personal
property owned wherever located. For purposes
of calculating this
ratio, the taxpayer shall determine net book
value in accordance
with generally accepted accounting
principles. If the subsidiary
corporation owns at least fifty-one per cent of the common stock
of another corporation, the ratio shall be calculated by
including
the other corporation's real property and tangible
personal
property. The calculation of the ratio applies with
respect to
all lower-tiered subsidiaries, provided that the
immediate parent
corporation of the subsidiary owns at least
fifty-one per cent of
the common stock of that subsidiary.
(7) For purposes of determining the location of credit card
receivables, credit card receivables shall be treated as loans
and
shall be subject to division (D)(6) of this
section.
(8) A loan that has been properly assigned to a state shall,
absent any change of material fact, remain assigned to that
state
for the length of the original term of the loan.
Thereafter, the
loan may be properly assigned to another state
if the loan has a
preponderance of substantive contact to a
regular place of
business there.
(E) A financial institution shall calculate the payroll
factor
as follows:
(1) The payroll factor is a fraction, the numerator of which
is the total amount paid in this state during the taxable year
by
the taxpayer for compensation, and the denominator of which is
the
total compensation paid both within and without this state
during
the taxable year.
(2) Compensation is paid in this state if any one of the
following tests, applied consecutively, is met:
(a) The employee's services are performed entirely within
this
state.
(b) The employee's services are performed both within and
without this state, but the service performed without this state
is incidental to the employee's service within this state. The
term
"incidental" means any service which is temporary or
transitory in nature, or which is rendered in connection with an
isolated transaction.
(c) The employee's services are performed both within and
without this state, and:
(i) The employee's principal base of operations is within
this state; or
(ii) There is no principal base of operations in any state
in
which some part of the services are performed, but the place
from which the services are directed or controlled is in this
state; or
(iii) The principal base of operations and the place from
which
the services are directed or controlled are not in any state
in
which some part of the service is performed but the employee's
residence is in this state.
(F) A Except as set forth in division (I) of this section, a financial institution shall calculate the sales factor
as
follows:
(1) The sales factor is a fraction, the numerator of which
is
the receipts of the taxpayer in this state during the taxable
year and the denominator of which is the receipts of the
taxpayer
within and without this state during the taxable year.
The method
of calculating receipts for purposes of the
denominator is the
same as the method used in determining
receipts for purposes of
the numerator.
(2) The numerator of the sales factor includes receipts from
the lease or rental of real property owned by the taxpayer if
the
property is located within this state, or receipts from the
sublease of real property if the property is located within this
state.
(3)(a) Except as described in division (F)(3)(b)
of this
section
the numerator of the sales factor includes receipts from
the
lease or rental of tangible personal property owned by the
taxpayer if the property is located within this state when it is
first placed in service by the lessee.
(b) Receipts from the lease or rental of transportation
property owned by the taxpayer are included in the numerator of
the sales factor to the extent that the property is used in this
state. The extent an aircraft will be deemed to be used in this
state and the amount of receipts that is to be included in the
numerator of this state's sales factor is determined by
multiplying all the receipts from the lease or rental of the
aircraft by a fraction, the numerator of which is the number of
landings of the aircraft in this state and the denominator of
which is the total number of landings of the aircraft. If the
extent of the use of any transportation property within this
state
cannot be determined, then the property will be deemed to
be used
wholly in the state in which the property has its
principal base
of operations. A motor vehicle will be deemed to
be used wholly
in the state in which it is registered.
(4)(a) The numerator of the sales factor includes interest
and
fees or penalties in the nature of interest from loans secured
by real property if the property is located within this state.
If
the property is located both within this state and one or
more
other states, the receipts described in this paragraph are
included in the numerator of the sales factor if more than fifty
per cent of the fair market value of the real property is located
within this state. If more than fifty per cent of the fair
market
value of the real property is not located within any one
state,
then the receipts described in this paragraph shall be
included in
the numerator of the sales factor if the borrower is
located in
this state.
(b) The determination of whether the real property securing
a
loan is located within this state shall be made as of the time
the original agreement was made and any and all subsequent
substitutions of collateral shall be disregarded.
(5) The numerator of the sales factor includes interest and
fees or penalties in the nature of interest from loans not
secured
by real property if the borrower is located in this
state.
(6) The numerator of the sales factor includes net gains
from
the sale of loans. Net gains from the sale of loans includes
income recorded under the coupon stripping rules of section 1286
of the Internal Revenue Code.
(a) The amount of net gains, but not less than zero, from
the
sale of loans secured by real property included in the
numerator
is determined by multiplying such net gains by a
fraction the
numerator of which is the amount included in the
numerator of
the sales factor pursuant to division (F)(4) of this
section and
the denominator of which is the total amount of
interest and
fees or penalties in the nature of interest from
loans secured
by real property.
(b) The amount of net gains, but not less than zero, from
the
sale of loans not secured by real property included in the
numerator is determined by multiplying such net gains by a
fraction the numerator of which is the amount included in the
numerator of the sales factor pursuant to division (F)(5) of this
section and the denominator of which is the total amount of
interest and fees or penalties in the nature of interest from
loans not secured by real property.
(7) The numerator of the sales factor includes interest and
fees or penalties in the nature of interest from credit card
receivables and receipts from fees charged to card holders, such
as annual fees, if the billing address of the card holder is in
this state.
(8) The numerator of the sales factor includes net gains,
but
not less than zero, from the sale of credit card receivables
multiplied by a fraction, the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(7) of this section and the denominator of which is
the
taxpayer's total amount of interest and fees or penalties in
the
nature of interest from credit card receivables and fees
charged
to card holders.
(9) The numerator of the sales factor includes all credit
card
issuer's reimbursement fees multiplied by a fraction, the
numerator of which is the amount included in the numerator of
the
sales factor pursuant to division (F)(7) of this section and
the
denominator of which is the taxpayer's total amount of
interest
and fees or penalties in the nature of interest from
credit card
receivables and fees charged to card holders.
(10) The numerator of the sales factor includes receipts
from
merchant discount if the commercial domicile of the merchant
is
in this state. Such receipts shall be computed net of any card
holder charge backs, but shall not be reduced by any interchange
transaction fees or by any issuer's reimbursement fees paid to
another for charges made by its card holders.
(11)(a)(i) The numerator of the sales factor includes loan
servicing fees derived from loans secured by real property
multiplied by a fraction the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(4) of this section and the denominator of which is
the total
amount of interest and fees or penalties in the nature
of interest
from loans secured by real property.
(ii) The numerator of the sales factor includes loan
servicing fees derived from loans not secured by real property
multiplied by a fraction the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(5) of this section and the denominator of which is
the total
amount of interest and fees or penalties in the nature
of interest
from loans not secured by real property.
(b) In circumstances in which the taxpayer receives loan
servicing fees for servicing either the secured or the unsecured
loans of another, the numerator of the sales factor shall
include
such fees if the borrower is located in this state.
(12) The numerator of the sales factor includes receipts
from
services not otherwise apportioned under this section if the
service is performed in this state. If the service is performed
both within and without this state, the numerator of the sales
factor includes receipts from services not otherwise apportioned
under this section, if a greater proportion of the income
producing activity is performed in this state based on cost of
performance.
(13)(a) Interest, dividends, net gains, but not less than
zero,
and other income from investment assets and activities and
from
trading assets and activities shall be included in the sales
factor. Investment assets and activities and trading assets and
activities include but are not limited to: investment
securities;
trading account assets; federal funds; securities
purchased and
sold under agreements to resell or repurchase;
options; futures
contracts; forward contracts; notional
principal contracts such as
swaps; equities; and foreign
currency transactions. With respect
to the investment and
trading assets and activities described in
divisions
(F)(13)(a)(i) and
(ii) of this section, the sales factor
shall include the
amounts described in such divisions.
(i) The sales factor shall include the amount by which
interest
from federal funds sold and securities purchased under
resale
agreements exceeds interest expense on federal funds
purchased
and securities sold under repurchase agreements.
(ii) The sales factor shall include the amount by which
interest, dividends, gains, and other income from trading assets
and activities, including, but not limited to, assets and
activities in the matched book, in the arbitrage book, and
foreign
currency transactions, exceed amounts paid in lieu of
interest,
amounts paid in lieu of dividends, and losses from
such assets and
activities.
(b) The numerator of the sales factor includes interest,
dividends, net gains, but not less than zero, and other income
from investment assets and activities and from trading assets
and
activities described in division (F)(13)(a) of this
section
that
are attributable to this state.
(i) The amount of interest, other than interest described in
division (F)(13)(b)(iv) of this section,
dividends, other than
dividends described in that division, net
gains, but not less than
zero, and other income from investment
assets and activities in
the investment account to be attributed
to this state and included
in the numerator is determined by
multiplying all such income from
such assets and activities by a
fraction, the numerator of which
is the average value of such
assets which are properly assigned to
a regular place of
business of the taxpayer within this state and
the denominator
of which is the average value of all such assets.
(ii) The amount of interest from federal funds sold and
purchased and from securities purchased under resale agreements
and securities sold under repurchase agreements attributable to
this state and included in the numerator is determined by
multiplying the amount described in division
(F)(13)(a)(i) of this
section from such funds and
such
securities by a fraction, the
numerator of which is the average
value of federal funds sold and
securities purchased under
agreements to resell which are properly
assigned to a regular
place of business of the taxpayer within
this state and the
denominator of which is the average value of
all such funds and
such securities.
(iii) The amount of interest, dividends, gains, and other
income
from trading assets and activities, including but not
limited to
assets and activities in the matched book, in the
arbitrage book,
and foreign currency transaction, but excluding
amounts
described in division (F)(13)(b)(i) or
(ii) of this
section,
attributable to this state and included in the numerator
is
determined by multiplying the amount described in
division
(F)(13)(a)(ii) of this section by a
fraction, the
numerator of
which is the average value of such trading assets
which are
properly assigned to a regular place of business of
the taxpayer
within this state and the denominator of which is
the average
value of all such assets.
(iv) The amount of dividends received on the capital stock
of,
and the amount of interest received from loans and advances
to,
subsidiary corporations at least fifty-one per cent of whose
common stock is owned by the reporting financial institution
shall
be allocated in and out of this state by the application
of a
ratio whose numerator is the sum of the net book value of the
payor's real property owned in this state and the payor's
tangible
personal property owned in this state and whose
denominator is the
sum of the net book value of the payor's real property
owned
wherever located and the payor's tangible personal property owned
wherever located. For purposes of calculating this ratio, the
taxpayer shall determine net book value in accordance with
generally accepted accounting principles.
(v) For purposes of this division, average value shall be
determined using the rules for determining the average value of
tangible personal property set forth in division (D)(2) and (3)
of
this section.
(c) In lieu of using the method set forth in division
(F)(13)(b) of
this section, the taxpayer may elect, or the tax
commissioner
may require in order to fairly represent the business
activity
of the taxpayer in this state, the use of the method set
forth
in division (F)(13)(c) of this section.
(i) The amount of interest, other than interest described in
division (F)(13)(b)(iv) of this section, dividends,
other than
dividends described in that division, net
gains, but not less than
zero, and other income from investment
assets and activities in
the investment account to be attributed
to this state and included
in the numerator is determined by
multiplying all such income from
such assets and activities by a
fraction, the numerator of which
is the gross income from such
assets and activities which are
properly assigned to a regular
place of business of the taxpayer
within this state, and the
denominator of which is the gross
income from all such assets
and activities.
(ii) The amount of interest from federal funds sold and
purchased and from securities purchased under resale agreements
and securities sold under repurchase agreements attributable to
this state and included in the numerator is determined by
multiplying the amount described in division
(F)(13)(a)(i) of
this
section from such funds and such
securities by a fraction, the
numerator of which is the gross
income from such funds and such
securities which are properly
assigned to a regular place of
business of the taxpayer within
this state and the denominator of
which is the gross income from
all such funds and such securities.
(iii) The amount of interest, dividends, gains, and other
income
from trading assets and activities, including, but not
limited to,
assets and activities in the matched book, in the
arbitrage book,
and foreign currency transactions, but excluding
amounts
described in division (F)(13)(a)(i) or
(ii) of this
section,
attributable to this state and included in the numerator,
is
determined by multiplying the amount described in division
(F)(13)(a)(ii) of this section by a fraction, the
numerator of
which is the gross income from such trading assets
and activities
which are properly assigned to a regular place of
business of the
taxpayer within this state and the denominator
of which is the
gross income from all such assets and
activities.
(iv) The amount of dividends received on the capital stock
of,
and the amount of interest received from loans and advances
to,
subsidiary corporations at least fifty-one per cent of whose
common stock is owned by the reporting financial institution
shall
be allocated in and out of this state by the application
of a
ratio whose numerator is the sum of the net book value of
the
payor's real property owned in this state and the payor's
tangible
personal property owned in this state and whose
denominator is the
sum of the payor's real property owned
wherever located and the
payor's tangible personal property
owned wherever located. For
purposes of calculating this ratio,
the taxpayer shall determine
net book value in accordance with
generally accepted accounting
principles.
(d) If the taxpayer elects or is required by the tax
commissioner to use the method set forth in division
(F)(13)(c) of
this section, it shall use this method on all subsequent
returns
unless the taxpayer receives prior permission from the
tax
commissioner to use or the tax commissioner requires a
different
method.
(e) The taxpayer shall have the burden of proving that an
investment asset or activity or trading asset or activity was
properly assigned to a regular place of business outside of this
state by demonstrating that the day-to-day decisions regarding
the
asset or activity occurred at a regular place of business
outside
this state. Where the day-to-day decisions regarding an
investment asset or activity or trading asset or activity occur
at
more than one regular place of business and one such regular
place
of business is in this state and one such regular place of
business is outside this state such asset or activity shall be
considered to be located at the regular place of business of the
taxpayer where the investment or trading policies or guidelines
with respect to the asset or activity are established. Unless
the
taxpayer demonstrates to the contrary, such policies and
guidelines shall be presumed to be established at the commercial
domicile of the taxpayer.
(14) The numerator of the sales factor includes receipts from commissions earned on brokerage accounts owned by customers having a billing address in this state.
(15) The numerator of the sales factor includes all other
receipts if either:
(a) The income-producing activity is performed solely in
this state; or
(b) The income-producing activity is performed both within
and without this state and a greater proportion of the
income-producing activity is performed within this
state than in
any other state, based on costs of performance.
(G) A qualified institution may calculate the base upon
which
the fee provided for in
division (D) of section 5733.06
of
the
Revised Code
is determined for each
tax
year by multiplying
the value of
its
issued and outstanding
shares of stock determined
under
division
(B) of this section by
a single deposits fraction
whose
numerator
is the deposits
assigned to branches in this state
and
whose
denominator is the
deposits assigned to branches
everywhere.
Deposits shall be
assigned to branches in the same
manner in which
the assignment
is made for regulatory purposes.
If
the base
calculated under
this division is less than the base
calculated
under division
(C) of this section, then the qualifying
institution may elect
to substitute the base calculated under this
division for the
base calculated under division (C) of this
section. Such election
may be made annually for each
tax
year
on the
corporate
report.
The election need not accompany the
report;
rather, the
election may accompany a subsequently filed
but timely
application
for refund, a subsequently filed but timely
amended
report, or a
subsequently filed but timely petition for
reassessment. The
election is not irrevocable and it applies
only
to the specified
tax year. Nothing in this division shall
be
construed to extend
any statute of limitations set forth in
this
chapter.
(H) If the apportionment provisions of this section do not
fairly represent the extent of the taxpayer's business activity
in
this state, the taxpayer may petition for or the tax
commissioner
may require, in respect to all or any part of the
taxpayer's
business activity, if reasonable:
(2) The exclusion of any one or more of the factors;
(3) The inclusion of one or more additional factors which
will
fairly represent the taxpayer's business activity in this
state;
or
(4) The employment of any other method to effectuate an
equitable allocation and apportionment of the taxpayer's value.
(I) If, under division (F) of this section, a receipt is included in the denominator but is not included in the numerator of the sales factor, and if, based upon the principles and concepts set forth in this section, the receipt would be sitused to a state in which the person is not liable for a tax measured on or by net worth, then the receipt shall be included in the numerator of the sales factor, notwithstanding division (F) of this section to the contrary, if the activity or property generating the receipt has more nexus with this state than with any other state in which the person is liable for a tax measured on or by net worth.
Sec. 5733.057. As used in this section, "adjusted qualifying
amount" has the same meaning as in section 5733.40 of the Revised Code.
This section does not apply to division (F) of section 5733.051 of the Revised Code.
Except as otherwise provided in divisions (A) and (B) of
section 5733.401 and in sections 5733.058 and 5747.401 of the Revised Code, in
making all apportionment, allocation, income, gain, loss,
deduction, tax, and credit computations under this chapter and
under sections
5747.41 and 5747.43 of the
Revised Code, each person shall
include in that person's items of business income, nonbusiness income, adjusted qualifying
amounts, allocable income or loss, if any,
apportionable
income or loss, property, compensation, and sales, the
person's entire distributive share or
proportionate share of the
items of business income, nonbusiness income, adjusted qualifying amounts,
allocable income or loss, apportionable income or loss,
property, compensation, and sales of any pass-through entity in which the
person has a direct or indirect ownership interest
at any time during the pass-through entity's calendar or fiscal year ending within, or with the last day of the
person's taxable year. A pass-through
entity's direct or indirect distributive share or proportionate share of any
other pass-through entity's items of business income, nonbusiness income, adjusted qualifying
amounts, allocable income or
loss, apportionable income or loss, property, compensation, and
sales shall be included for the purposes of computing the
person's distributive share or proportionate share
of the pass-through
entity's items of business income, nonbusiness income, adjusted qualifying amounts, allocable income
or loss, apportionable
income or loss, property, compensation, and sales under this
section. Those items shall be in the same form as was recognized by the
pass-through entity.
Sec. 5733.059. (A) As used in this section:
(1) "Customer" means a person who purchases electricity for
consumption either by that person or by the person's related member and
the electricity is not for resale directly or indirectly to any person
other than a related member.
(2) "Related member" has the same meaning as in division (A)(6)
of section 5733.042 of the Revised Code without regard to
division (B) of that section.
(B) Except as provided in division (C) of this section, this
division applies only to sales of electric transmission and distribution
services. For purposes of sections 5733.05 and 5747.21 of the
Revised Code:
(1) Sales of the transmission of electricity are in this state in
proportion to the ratio of the wire mileage of the taxpayer's
transmission lines located in this state divided by the wire
mileage of the taxpayer's transmission lines located everywhere.
Transmission wire mileage shall be weighted for the voltage
capacity of each line.
(2) Sales of the distribution of electricity are in this state in
proportion to the ratio of the wire mileage of the taxpayer's
distribution lines located in this state divided by the wire mileage of
the taxpayer's distribution lines located everywhere.
Distribution wire mileage shall not be weighted for the voltage
capacity of each line.
(C) This division applies only to a person that has transmission
or distribution lines in this state. If a contract for the sale of
electricity includes the seller's or the seller's related
member's obligation to transmit or distribute the electricity and
if the sales contract separately identifies the price charged for
the transmission or distribution of electricity, the price charged
for the transmission and distribution of electricity shall be
apportioned to this state in accordance with division (B) of this
section. Any remaining portion of the sales price of the electricity shall be sitused to this
state in accordance with division (D) of this section.
If the sales contract does not separately identify the price
charged for the transmission or distribution of electricity, the sales
price of the electricity shall be sitused to this state in accordance
with division (D) of this section.
(D) Any person who makes a sale of electricity shall situs the
following to this state:
(1) A sale of electricity directly or indirectly to a customer to
the extent the customer consumes the electricity in this state;
(2) A sale of electricity directly or indirectly to a related
member where the related member directly or indirectly sells electricity
to a customer to the extent the customer consumes the electricity in
this state;
(3) A sale of electricity if the seller or the seller's related
member directly or indirectly delivers the electricity to a location in
this state or directly or indirectly delivers the electricity
exactly to the border of this state and another state;
(4) A sale of electricity if the seller or the seller's related
member directly or indirectly directs the delivery of the electricity to
a location in this state or directly or indirectly directs the delivery
of the electricity exactly to the border of this state and another
state.
(E) If the situsing provisions of this section do not fairly
represent the extent of the taxpayer's or the taxpayer's related
member's activity in this state, the taxpayer may request, or the
tax commissioner may require, in respect to all or part of a
taxpayer's or related member's sales, if reasonable, any of the
following:
(2) The exclusion of one or more additional situsing factors that
will fairly represent the taxpayer's and the related member's sales in
this state;
(3) The inclusion of one or more additional situsing factors that
will fairly represent the taxpayer's and the related member's sales in
this state.
The taxpayer's request shall be in writing and shall be filed with
the report required by section 5733.02 of the Revised Code, a
timely filed petition for reassessment, or a timely filed amended report. An alternative situsing method shall be effective with the approval of the tax
commissioner.
Nothing in this section shall be construed to extend any statute
of limitations set forth in this chapter.
(F) If the situsing provisions of this section do not fairly
represent activity in this state, the tax commissioner may
promulgate rules to situs sales using a methodology that fairly
reflects sales in this state.
(G) Notwithstanding sections 5733.111 and 5747.131 section 5703.56 of the Revised
Code to the contrary, a person situsing a sale outside this state
has the burden to establish by a preponderance of the evidence that the
doctrines enumerated in
those sections do not apply.
Sec. 5733.06. The tax hereby charged each corporation
subject to this
chapter other than a financial institution shall be the greater of the following: the minimum payment required under division (E) of this section, the sum of
the amounts computed under divisions (A) and (B) of
this section, after the reduction, if
any, provided by division
(J) of this section,
or the amount computed under division (C) of
this section, after the
reduction, if any, provided by division
(J) of this section,
except
that the. The tax hereby charged each
financial institution subject to this
chapter shall be the greater of the minimum payment required under division (E) of this section or the amount
computed under division (D) of this
section:.
(A) Except as set forth in division (F) of this section For tax year 2003,
five and one-tenth per cent upon the first fifty thousand dollars
of the value of the taxpayer's issued and outstanding shares of
stock as determined under division (B) of section 5733.05 of the
Revised Code;, except as set forth in division (F) of this section, and zero for each subsequent tax year.
(B) Except as set forth in division (F) of this section For tax year 2003,
eight and one-half per cent upon the value so
determined in
excess
of fifty thousand dollars; or, except as set forth in division (F) of this section, and for each subsequent tax year the following per cent upon the total value of the taxpayer's issued and outstanding shares of stock as determined under division (B) of section 5733.05 of the Revised Code:
(1) For tax year 2004, eight and one-half per cent;
(2) For tax year 2005, eight per cent;
(3) For tax year 2006, seven and one-half per cent;
(4) For tax year 2007 and each subsequent tax year, seven per cent.
(C)(1) Except as otherwise provided
under division (G) of
this
section, four mills times that portion
of the value of the
issued
and outstanding shares of stock as determined under
division (C)
of section 5733.05 of the Revised Code. For for tax year 2003, and for each subsequent tax year two mills times the first one million dollars of such value plus three mills times the next one million five hundred thousand dollars of such value plus four mills times any such value in excess of two million five hundred thousand dollars.
For the
purposes of
division (C) of this section, division
(C)(2) of
section 5733.065,
and division (C) of section 5733.066 of the
Revised Code, the
value of the issued and outstanding shares of
stock of
an eligible corporation for tax year 2003 through tax
year 2007, or of a
qualified
holding
company not participating, and not required to participate, in the filing of a consolidated report described in section 5733.052 of the Revised Code,
is zero.
(2) As used in division (C) of this section, "eligible
corporation" means a person treated as a corporation for federal
income tax purposes that meets all of the following criteria:
(a) The corporation conducts business for an entire taxable
year as a qualified trade or business as defined by division (C)
of section 122.15 of the Revised Code.
(b) The corporation uses more than fifty per cent of the
corporation's assets, based on net book value, that are located in
Ohio solely to conduct activities that constitute a qualified
trade or business as defined by section 122.15 of the Revised
Code.
(c) The corporation has been formed or organized not more
than three years before the report required to be filed by section
5733.02 of the Revised Code is due, without regard to any
extensions.
(d) The corporation is not a related member, as defined in
section 5733.042 of the Revised Code, at any time during the
taxable year with respect to another person treated as a
corporation for federal income tax purposes. A corporation is not
a related member if during the entire taxable year at least
seventy-five per cent of the corporation's stock is owned directly
or through a pass-through entity by individuals, estates, and
grantor trusts, and the individuals, estates, and grantor trusts
do not directly or indirectly own more than twenty per cent of the
value of another person treated as a corporation for federal
income tax purposes that is conducting a qualified trade or
business.
(D) The tax charged each financial institution subject to
this chapter shall be that portion of the value of the issued and
outstanding shares of stock as determined under division (A) of
section 5733.05 of the Revised Code, multiplied by the
following
amounts:
(1) For tax years prior to the 1999 tax year, fifteen
mills;
(2) For the 1999 tax year, fourteen mills;
(3) For tax year 2000 and thereafter, thirteen mills.
(E) No (1) Except as set forth in division (E)(2) of this section, the tax shall be charged from any corporation that has
been adjudicated bankrupt, or for which a receiver has been
appointed, or that has made a general assignment for the
benefit
of creditors, except for the portion of the then current tax year
during which the tax commissioner finds such corporation had the
power to exercise its corporate franchise unimpaired by such
proceedings or act. The minimum payment for all corporations
each corporation shall be fifty dollars for each tax year through tax year 2003, and three hundred dollars for each tax year thereafter.
(2) With respect to corporations participating, or required to participate, in the filing of a consolidated report as described in section 5733.052 of the Revised Code, division (E)(1) of this section applies only if every participating corporation, or every corporation required to participate, has been adjudicated bankrupt, has had a receiver appointed, or has made a general assignment for the benefit of creditors.
The tax charged to corporations under this chapter for the
privilege of engaging in business in this state, which is an
excise tax levied on the value of the issued and outstanding
shares of stock, shall in no manner be construed as prohibiting
or
otherwise limiting the powers of municipal corporations, joint
economic development zones created under section 715.691 of the
Revised Code,
and joint economic development districts created
under section 715.70 or
715.71 or sections 715.72 to 715.81 of the
Revised Code in this state to
impose an income tax on the income
of such corporations.
(F) If two or more taxpayers satisfy the ownership or
control requirements of
division (A) of section 5733.052 of the
Revised Code are members of the same qualifying controlled group, each such taxpayer shall
substitute
"the taxpayer's
pro-rata amount" for
"fifty thousand dollars" in
divisions (A) and
(B) of this section for tax year 2003 and in division (C)(1) of section 5733.065 and divisions (A) and (B) of section 5733.066 of the Revised Code for tax year 2003 and each subsequent tax year. For purposes of this division,
"the
taxpayer's pro-rata amount" is an amount that, when added to the
other such
taxpayers' pro-rata amounts, does not exceed fifty
thousand dollars. For the
purpose of making that computation, the
taxpayer's pro-rata amount shall not
be less than zero. Nothing
in this division derogates from or eliminates the
requirement to
make the alternative computation of tax under division (C) of
this
section or under division (C)(2) of section 5733.065 or division (C) of section 5733.066 of the Revised Code.
(G)(1) The tax liability of any corporation under division (C)
of this section
shall not exceed one hundred fifty thousand
dollars for tax year 2003, and shall not exceed five hundred thousand dollars for each subsequent tax year, except as set forth in division (G)(2) of this section.
(2) With respect to corporations participating in the filing of a consolidated report as described in section 5733.052 of the Revised Code, the tax liability of the consolidated group under division (C) of this section shall not exceed five hundred thousand dollars times the number of corporations described in division (B) of section 5733.01 of the Revised Code and that are participating, or required to participate, in the filing of the consolidated report.
(H)(1) For the purposes of division (H) of this section,
"exiting
corporation" means a corporation that satisfies all of
the following
conditions:
(a) The corporation had nexus with or in this state under
the Constitution
of the United States during any portion of a
calendar year;
(b) The corporation was not a corporation described in
division (A) of section 5733.01 of the Revised Code on the first
day of January
immediately following that calendar year;
(c) The corporation was not a financial institution on the
first day of
January immediately following that calendar year;
(d) If the corporation was a transferor as
defined in
section 5733.053 of
the Revised Code,
the corporation's transferee
was not required to add to the transferee's
net income the income
of the transferor pursuant to division (B) of
that section;
(e) During any portion of that calendar year, or any portion
of the
immediately preceding calendar year, the corporation had
net income that was
not included in a report filed by the
corporation or its transferee
pursuant to section 5733.02,
5733.021, 5733.03,
5733.031, or 5733.053 of the Revised Code;
(f) The corporation would have been subject to the tax
computed under
divisions (A), (B), (C), (F), and (G) of this
section if the corporation is
assumed to be a corporation
described in division (A) of
section 5733.01 of the Revised Code
on the first day of January immediately following the
calendar
year to which division (H)(1)(a) of this
section refers.
(2) For the purposes of division (H) of this section,
"unreported net income"
means net income that was not previously
included in a report filed pursuant
to section 5733.02, 5733.021,
5733.03, 5733.031, or
5733.053 of the Revised Code and
that was
realized or recognized during the calendar year to
which
division (H)(1) of this section refers or the immediately
preceding
calendar year.
(3) Each exiting corporation shall pay a tax computed by
first allocating and
apportioning the unreported net income
pursuant to division (B) of section
5733.05 and section 5733.051
and, if applicable,
section 5733.052 of the
Revised Code. The
exiting corporation then shall compute the tax due on its
unreported net income allocated and apportioned to this state by
applying
divisions (A), (B), and (F) of this section to that
income.
(4) Divisions (C) and (G) of this section, division (D)(2)
of section
5733.065, and division (C) of section 5733.066 of the
Revised Code do not
apply to an exiting corporation, but exiting
corporations are subject to every
other provision of this chapter.
(5) Notwithstanding division (B) of section 5733.01 or
sections 5733.02, 5733.021, and 5733.03 of the Revised
Code to the
contrary, each exiting corporation shall report and pay the tax
due under division (H) of this section on or before the
thirty-first day of
May immediately following the calendar year
to
which
division (H)(1)(a) of this section refers. The exiting
corporation
shall file that
report on the form most recently
prescribed by the tax commissioner for the
purposes of complying
with sections 5733.02 and 5733.03 of the Revised Code.
Upon
request by the corporation, the tax commissioner may extend the
date for
filing the report.
(6) If, on account of the application of section 5733.053 of
the Revised Code, net income
is subject to the tax imposed by
divisions (A) and (B) of
this section, such income shall not be
subject to the tax imposed by division
(H)(3) of this section.
(7)
The amendments made to division (H) of this section by
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to
any transfer, as defined in section 5733.053 of the Revised Code,
for which negotiations began prior to January 1, 2001, and that
was commenced in and completed during calendar year 2001, unless
the taxpayer makes an election prior to December 31, 2001, to
apply those amendments.
(8) The tax commissioner may adopt rules governing division
(H) of
this
section.
(I) Any reference in the Revised Code to
"the tax imposed by
section 5733.06
of the Revised Code" or
"the tax due under section
5733.06 of the Revised
Code" includes the taxes imposed under
sections 5733.065 and 5733.066 of the
Revised Code.
(J)(1) Division (J)
of this section applies solely to a
combined company. Section 5733.057 of the
Revised Code shall
apply when calculating the adjustments
required by division
(J)
of
this section.
(2) Subject to division
(J)(4)
of this section, the total
tax calculated in divisions
(A) and (B) of this section shall be
reduced by an amount
calculated by
multiplying such tax by a
fraction, the numerator of which is the
total taxable gross
receipts attributed to providing public
utility activity other
than as an electric company under section 5727.03 of
the Revised
Code for the year upon which the taxable gross
receipts are
measured immediately preceding the tax year, and the denominator
of which is the total gross receipts from all sources for the year
upon which
the taxable gross receipts are measured immediately
preceding the tax year.
Nothing herein shall be construed to
exclude from the denominator any item of income described in
section 5733.051 of the
Revised
Code.
(3) Subject to division
(J)(4)
of this section, the total
tax calculated in division
(C)
of this section shall be reduced by
an amount calculated by
multiplying such tax by the fraction
described in division
(J)(2) of this section.
(4) In no event shall the reduction provided by
division
(J)(2) or (J)(3)
of this section exceed the amount of the excise
tax paid in
accordance with section 5727.38 of the Revised Code,
for the year upon which the taxable gross receipts are measured
immediately preceding the tax year.
(K) The tax charged to corporations under this chapter for the privilege of engaging in business in this state, which is an excise tax levied on the value of the issued and outstanding shares of stock, shall in no manner be construed as prohibiting or otherwise limiting the powers of municipal corporations, joint economic development zones created under section 715.691 of the Revised Code, or joint economic development districts created under section 715.70 or 715.71 or sections 715.72 to 715.81 of the Revised Code in this state to impose an income tax on the income of such corporations.
Sec. 5733.065. (A) As used in this section,
"litter
stream
products" means:
(1) Intoxicating liquor, beer,
wine, mixed
beverages, or
spirituous liquor as defined in section 4301.01 of
the Revised
Code;
(2) Soft drinks as defined in section 913.22 of the
Revised
Code;
(3) Glass, metal, plastic, or fiber containers with a
capacity of less than two gallons sold for the purpose of being
incorporated into or becoming a part of a product enumerated in
divisions (A)(1) and (2) of this section;
(4) Container crowns and closures sold for the purpose of
being incorporated into or becoming a part of a product
enumerated
in divisions (A)(1) and (2) of this section;
(5) Packaging materials transferred or intended for
transfer
of use or possession in conjunction with retail sales of
products
enumerated in divisions (A)(1) and (2) of this section;
(6) Packaging materials in the finished form in which they
are to be used, including sacks, bags, cups, lids, straws,
plates,
wrappings, boxes, or containers of any type used in the
packaging
or serving of food or beverages, when the food or
beverages are
prepared for human consumption by a restaurant or
take-out food
outlet at the premises where sold at retail and are
delivered to a
purchaser for consumption off the premises where
the food or
beverages are sold;
(7) Cigarettes, cigars, tobacco, matches, candy, and gum.
(B) For the purpose of providing additional funding for
the
division of recycling and litter prevention under Chapter
1502. of
the Revised Code, there is hereby levied an additional
tax on
corporations for the privilege of manufacturing or selling
litter
stream products in this state. The tax imposed by this section is
in
addition to the tax charged under section 5733.06 of the
Revised
Code, computed at the rate prescribed by section 5733.066
of the
Revised Code. This section does not apply for tax year
1981 to a
corporation whose taxable year for tax year 1981 ended
on or
before June 30, 1980.
(C) The tax shall be imposed upon each corporation subject
to the tax imposed by section 5733.06 of the Revised Code that
manufactures or sells litter stream products in this state. The
tax for each year shall be in an amount equal to the greater of
either:
(1) Twenty-two Except as set forth in division (F) of section 5733.06 of the Revised Code, twenty-two hundredths of one per cent upon the value
of
that portion, in excess of fifty thousand dollars, of the taxpayer's issued and outstanding shares
of
stock as determined under division (B) of section 5733.05 of
the
Revised Code that is subject to the rate contained in
division (B)
of section 5733.06 of the Revised Code;
(2) Fourteen one-hundredths of a mill times the value of
the
taxpayer's issued and outstanding shares of stock as
determined
under division (C) of section 5733.05 of the
Revised
Code.
The additional tax charged any taxpayer or group of
combined
taxpayers pursuant to this section for any tax year
shall not
exceed five thousand dollars.
(D)(1) In the case of a corporation engaged in the
business
of manufacturing litter stream products, no tax shall be
due under
this section unless the sale of litter stream products
in this
state during the taxable year exceeds five per cent of
the total
sales in this state of the corporation during that
period or
unless the total sales in this state of litter stream
products by
the corporation during the taxable year exceed ten
million
dollars.
(2) In the case of a corporation engaged in the business
of
selling litter stream products in the form in which the item
is or
is to be received, no tax shall be due under this section
unless
the corporation's sales of litter stream products in this
state
during the taxable year constitute more than five per cent
of its
total sales in this state during that period.
(3) In the case of a corporation transferring possession
of
litter stream products included in division (A)(6) of this
section, in which food or beverages prepared for human
consumption
are placed, when the food or beverages are prepared
for retail
sale at the premises where sold and are delivered to a
purchaser
for consumption off the premises where the food or
beverages are
sold, no tax shall be due under this section unless
such sales for
off-premises consumption during the taxable year
exceed five per
cent of the corporation's total annual sales
during the taxable
year.
(E)(1) The tax imposed by this section is due in the
proportions and on the dates on which the tax imposed by section
5733.06 of the Revised Code may be paid without penalty.
(2) Payment of the tax and any reports or returns required
to enable the tax commissioner to determine the correct amount of
the tax shall be submitted with and are due at the same time as
payments and reports required to be submitted under this chapter.
(3) If the tax is not paid in full on or before the date
required by division (E)(1) of this section, the unpaid portion
of
the tax due and unpaid shall be subject to all provisions of
this
chapter for the collection of unpaid, delinquent taxes
imposed by
section 5733.06 of the Revised Code, except that all
such taxes,
interest, and penalties, when collected, shall be
treated as
proceeds arising from the tax imposed by this section
and shall be
deposited in the general revenue fund.
The tax levied on corporations under this section does not
prohibit or otherwise limit the authority of municipal
corporations to impose an income tax on the income of such
corporations.
Sec. 5733.066. There To provide funding for the division of recycling and litter prevention under Chapter 1502. of the Revised Code, there shall be added to the rates contained in tax charged by section 5733.06
of
the Revised Code the following greater of the sum of divisions (A) and (B) of this section or division (C) of this section:
(A) To the rate Except as set forth in division (A)(F) of that section 5733.06 of the Revised Code, eleven-hundredths per cent upon that
portion the first fifty thousand dollars of the value of the taxpayer's issued and outstanding
shares of stock as determined under division (B) of section
5733.05 of the Revised Code that is subject to such rate, an
additional eleven-hundredths per cent upon that value to provide
funding for the division of recycling
and litter prevention under Chapter 1502. of the Revised Code;
(B) To the rate Except as set forth in division (B)(F) of that section 5733.06 of the Revised Code, twenty-two-hundredths per cent upon that
portion of the value so, in excess of fifty thousand dollars, of the taxpayer's issued and outstanding shares of stock as determined that is subject to that rate,
an additional twenty-two-hundredths per cent upon that value to
provide funding for the division recycling
and litter prevention under Chapter 1502. under division (B) of section 5733.05 of the Revised Code;
(C) To the rate in division (C) of that section Fourteen-hundredths of one mill times that
portion of the value of the taxpayer's issued and outstanding
shares of stock as determined under division (C) of section
5733.05 of the Revised Code, an additional fourteen
one-hundredths mills times that value to provide funding for the
division of recycling and litter prevention under Chapter 1502.
of the Revised Code.
The additional tax charged any taxpayer or group of
combined taxpayers pursuant to this section for any tax year
shall not exceed five thousand dollars.
This section does not apply to
any family farm corporation as defined in section 4123.01 of the
Revised Code.
The tax levied on corporations under this section does not
prohibit or otherwise limit the authority of municipal
corporations to impose an income tax on the income of such
corporations.
Sec. 5733.069. (A) As used in this section:
(1) "Average of the payroll factor and the property
factor" means one-half multiplied by the sum of the payroll
factor and the property factor.
(2) Subject to divisions (C) and (H) of this section,
"export sales" means sales used in determining the denominator of
the sales factor under division (B)(2)(c) of section 5733.05 of
the Revised Code, as long as the sales meet the requirements of
division (A)(2)(a) of this section and either or both of
divisions (A)(2)(b) and (c) of this section.
(a) The gross receipts with respect to the sales qualify
as foreign trading gross receipts as defined under section 924 of
the Internal Revenue Code and regulations prescribed thereunder,
except not including foreign trading gross receipts defined under
section 924(a)(5) of the Internal Revenue Code and regulations
prescribed thereunder. In addition, for the purposes of division
(A)(2)(a) of this section, section 924 of the Internal Revenue
Code is considered to apply to any taxpayer, not just an FSC as
that term is defined under section 922 of the Internal Revenue
Code.
(b) In the case of sales of tangible personal property,
the taxpayer establishes by preponderance of the evidence that
the property is not received by the purchaser within the United
States. If the property is delivered by common carrier or by
other means of transportation, the place at which the property is
ultimately received after all transportation has been completed
shall be considered as the place at which the property is
received by the purchaser. Direct delivery in the United States,
other than for purposes of transportation, to a person or firm
designated by the purchaser constitutes delivery to the purchaser
in the United States. Direct delivery outside the United States
to a person or firm designated by the purchaser does not
constitute delivery to the purchaser in the United States,
regardless of where title passes or other condition of sale.
In addition, the taxpayer also establishes by clear and
convincing evidence one of the following:
(i) With respect to sales of tangible personal property to
a related member, within the twelve-month period subsequent to
the delivery to the related member, the related member in turn
sells the property, or leases it for a period of at least five
years, and delivers the property in the same form or as a
component part of other property to a purchaser or lessee who is
not a related member. In addition, during the twenty-four-month
period commencing with the date of such sale or lease by the
related member, the purchaser or lessee or a related member of
the purchaser or lessee does not receive, use, or consume the
property, either in the same form or as a component part of other
property, within the United States, and does not directly or
indirectly sell or lease the property, either in the same form or
as a component part of other property, for use or consumption in
the United States.
(ii) With respect to all other sales of tangible personal
property, during the twenty-four-month period commencing with
such sale, the purchaser or a related member of the purchaser
does not receive, use, or consume the property, either in the
same form or as a component part of other property, in the United
States, and does not directly or indirectly sell the property,
either in the same form or as a component part of other property,
for use or consumption in the United States.
(c) In the case of sales of services, the taxpayer
establishes by preponderance of the evidence that the purchaser
uses or consumes the services or the object of the services in a
location other than the United States. If a purchaser will
receive and use or consume the services or the object of the
services both within and outside the United States, the sale is
considered to be a sale of services or of the object of the
services used or consumed outside the United States by the
purchaser only to the extent of such proportionate use or
consumption outside the United States. The taxpayer shall
establish by preponderance of the evidence that the services or
the object of the services was ultimately received and used or
consumed outside the United States. Direct or indirect sales of
services or the object of services to a related member do not
meet the requirements of division (A)(2)(c) of this section
unless the taxpayer establishes by preponderance of the evidence
that within the twelve-month period subsequent to the sale to the
related member, the related member in turn sold and delivered or
rendered the services or the object of the services to a person
who is not a related member and such person ultimately received
and used or consumed the services or the object of the services
outside the United States. In no event shall a sale of services
qualify as an export sale if the taxpayer or the taxpayer's
related member directly or indirectly acquired such services from
a person who is not a United States person and if the taxpayer or
the taxpayer's related member in turn directly or indirectly sold
such services in substantially the same form. For purposes of
this section, services are sold in substantially the same form
where more than fifty per cent of the fair market value of such
services sold is attributable to services directly or indirectly
purchased by the taxpayer or by the taxpayer's related member
from a person who is not a United States person.
(3) "Incremental increase in export sales" means one-half
the difference obtained by subtracting the amount of the
taxpayer's export sales for the second preceding taxable year
from the amount of the taxpayer's export sales for the taxable
year.
If the taxpayer's taxable year is a period of greater than
or less than three hundred sixty-five days, or three hundred
sixty-six days for a taxable year that includes February
twenty-nine, the amount of the export sales for that taxable year
shall be adjusted and restated to an annualized amount.
(4) Subject to divisions (C), (F)(1), (H), and (I) of this
section, "Ohio payroll increase factor" means twelve and one-half
multiplied by the difference obtained by subtracting two
one-hundredths from the largest of the following quotients:
(a) The numerator of the payroll factor for the taxable
year minus the numerator of the payroll factor for the
immediately preceding taxable year, divided by the numerator of
the payroll factor for the immediately preceding taxable year;
(b) The numerator of the payroll factor for the taxable
year minus the numerator of the payroll factor for the second
preceding taxable year, divided by the numerator of the payroll
factor for the second preceding taxable year;
(c) The numerator of the payroll factor for the taxable
year minus the numerator of the payroll factor for the third
preceding taxable year, divided by the numerator of the payroll
factor for the third preceding taxable year.
If the numerator of the payroll factor for a taxable year
represents payroll for a period of greater than or less than
three hundred sixty-five days, or three hundred sixty-six days
for a taxable year that includes February twenty-nine, for
purposes of this section the numerator for that taxable year
shall be adjusted and restated to an annualized amount. If
neither the taxpayer nor its related members were subject to the
tax imposed by section 5733.06 of the Revised Code for any of the
three immediately preceding tax years, the numerator of the payroll factor for
any
such year shall be considered to be one dollar.
In no event shall the Ohio payroll increase factor be
greater than one or less than zero.
(5) Subject to divisions (C), (F)(2), and (H) of this
section, "Ohio property increase factor" means ten multiplied by
the largest of the following quotients:
(a) The numerator of the property factor for the taxable
year minus the numerator of the property factor for the
immediately preceding taxable year, divided by the numerator of
the property factor for the immediately preceding taxable year;
(b) The numerator of the property factor for the taxable
year minus the numerator of the property factor for the second
preceding taxable year, divided by the numerator of the property
factor for the second preceding taxable year;
(c) The numerator of the property factor for the taxable
year minus the numerator of the property factor for the third
preceding taxable year, divided by the numerator of the property
factor for the third preceding taxable year.
If neither the taxpayer nor its related members were
subject to the tax imposed by section 5733.06 of the Revised Code
for any of the three
immediately preceding tax years, the numerator of the property
factor for any such year shall be considered to be one dollar.
In no event shall the Ohio property increase factor be
greater than one or less than zero.
(6) Subject to divisions (H) and (I) of this section,
"payroll factor" has the same meaning as in division (B)(2)(b) of
section 5733.05 of the Revised Code with any adjustments,
exclusions, or alterations made in accordance with division
(B)(2)(d) of that section.
(7) "Pre-tax profit from the incremental increase in
export sales" means fifteen per cent of the incremental increase
in export sales, except that the taxpayer may establish by
preponderance of the evidence that the pre-tax profit margin from
such sales is an amount exceeding fifteen per cent but not
exceeding fifty per cent. For purposes of this section, the
pre-tax profit margin shall be determined on a product line by
product line basis, and equals the quotient of the taxpayer's
taxable income with respect to the product line before operating
loss deduction and special deductions, as required to be reported
for the taxable year under the Internal Revenue Code, divided by
the taxpayer's sales for the product line less sales returns,
allowances, and discounts.
Nothing in division (A)(7) of this section shall be used or
construed to support a request under division (B)(2)(d) of
section 5733.05 of the Revised Code.
(8) Subject to division (H) of this section, "property
factor" has the same meaning as in division (B)(2)(a) of section
5733.05 of the Revised Code with any adjustments, exclusions, or
alterations made in accordance with division (B)(2)(d) of that
section.
(9) "Related member" has the same meaning as under
division (A)(6) of in section 5733.042 of the Revised Code without
regard to division (B) of that section.
(10) "Tentative credit" means the credit under division
(B) of this section without regard to the limitations set forth
in division (D) of this section.
(11) "United States" means the United States and its
territories and possessions.
(12) "United States person" has the same meaning as under
section 7701(A)(30) of the Internal Revenue Code.
(B) A nonrefundable credit is allowed against the tax
imposed by section 5733.06 of the Revised Code. The credit
shall be claimed in the order required
under section 5733.98 of the Revised Code. Subject to divisions (C), (D),
and (G) of this section, the
credit equals the sum of the following:
(1) For tax years 1993 to 2000, ten per cent of the
product obtained by multiplying all of the following together:
(a) The pre-tax profit from the incremental increase in
export sales for the taxable year;
(b) The average of the property factor and the payroll
factor for the taxable year;
(c) The greater of the Ohio payroll increase factor or the
Ohio property increase factor.
(2) For tax years 1994 to 2005, the sum of any amounts
carried forward from tax years 1993 to 2000 in accordance with
division (E) of this section.
(C)(1) In the case of a taxpayer having a related member
or a group of taxpayers having a related member, the credit
available under this section to the taxpayer or group of
taxpayers shall be computed as if the taxpayer or all taxpayers
of the group and all such related members were a consolidated,
single taxpayer. The credit shall be allocated to such taxpayer
or to such group of taxpayers in any amount elected for the tax
year by the taxpayer or group. Such election shall be revocable
and amendable during the period described in division (B)(1) of
section 5733.12 of the Revised Code. Nothing in this section
shall be construed to treat as an export sale a sale by a related
member who is not a United States person if such sale would not
qualify as an export sale without regard to the consolidation
requirement set forth in this section.
(2) For purposes of this section, a taxpayer's or related
member's export sales and the numerators and denominators of the
taxpayer's or related member's payroll and property factors shall
include the taxpayer's or related member's proportionate shares
of the export sales and numerators and denominators of the
payroll and property factors, respectively, for all pass-through
entities. For purposes of applying division (C)(2) of this
section, the tax commissioner shall be guided by the concepts set
forth in section 41(f)(2) of the Internal Revenue Code and
regulations prescribed thereunder. Nothing in this section shall
be construed to limit or disallow pass-through treatment of a
pass-through entity's income, deductions, credits, or other
amounts necessary to compute the tax imposed by section 5733.06
of the Revised Code and the credits allowed by this chapter.
(D) In no circumstance shall the credit provided by this
section be less than zero.
If the tentative credit for a tax year for a taxpayer and
any related members is greater than two hundred fifty thousand
dollars or the aggregate tax due for the taxpayer and any related
members after taking into account any other nonrefundable credits
that precede the credit under this section in the order required under section
5733.98 of the Revised Code, then the credit allowed for the tax
year for the taxpayer and any related members shall not exceed
the lesser of two hundred fifty thousand dollars or the aggregate
tax due for the taxpayer and any related members after taking
into account any other nonrefundable credits that precede the credit under
this section in that order.
(E)(1) Pursuant to division (B)(2) of this section, the
greater of the amount described in division (E)(1)(a) or the
amount described in division (E)(1)(b) of this section shall be
allowed as a nonrefundable credit in each ensuing tax year:
(a) The excess, if any, of the tentative credit for the
tax year over two hundred fifty thousand dollars;
(b) The excess, if any, of the tentative credit for the
tax year over the aggregate tax due for the tax year for the
taxpayer and any related members, after taking into account any other
nonrefundable credits for the tax year that precede the credit
under this section in the order required under section 5733.98 of the
Revised Code.
(2) Any such amount allowed as a credit in an ensuing tax
year shall be deducted from the balance carried forward to the
next ensuing tax year. Such credit shall be taken into account
prior to the allowance of any credit for such tax year under
division (B)(1) of this section. In no event shall any amount or
any portion of any amount described in division (E)(1)(a) or (b)
of this section be allowed in tax year 2006 or any subsequent tax
year.
(F)(1) With respect to the computation of the Ohio payroll
increase factor, divisions (A)(4)(b) and (c) of this section
shall not apply to tax years 1993 and 1994, and division
(A)(4)(c) of this section shall not apply to tax year 1995.
(2) With respect to the computation of the Ohio property
increase factor, divisions (A)(5)(b) and (c) of this section
shall not apply to tax years 1993 and 1994, and division
(A)(5)(c) of this section shall not apply to tax year 1995.
(G) The aggregate credit allowed to the taxpayer and any
related members for tax years 1993 to 2005 shall not exceed three
million two hundred fifty thousand dollars.
(H)(1) If a taxpayer or a taxpayer's related member
acquires the major portion of a trade or business of another
person or the major portion of a separate unit of a trade or
business of another person, then for purposes of applying this
section for any tax year subsequent to the end of the taxable
year in which the acquisition occurred, the amount of the
taxpayer's export sales, payroll, subject to division (I) of this
section, and property for periods before the acquisition shall be
increased by so much of such amounts paid or incurred by the
previous owner of the acquired trade, business, or separate unit
as is attributable to the portion of such trade, business, or
separate unit acquired by the taxpayer or related member.
(2) If a taxpayer or a taxpayer's related member disposes
of a major portion of a trade or business or the major portion of
a separate unit of a trade or business in a transaction to which
division (H)(1) of this section applies, and if the taxpayer or
the related member furnished the acquiring person such
information as is necessary for the application of division
(H)(1) of this section, then for purposes of applying this
section to any tax year subsequent to the end of the taxable year
in which the disposition occurred, the amount of the taxpayer's
export sales, payroll, subject to division (I) of this section,
and property for periods before the disposition shall be
decreased by so much of such amounts as is attributable to the
portion of such trade, business, or separate unit disposed of by
the taxpayer or related member.
(3) For purposes of applying this division, the tax
commissioner shall be guided by the concepts set forth in section
41(f)(3) of the Internal Revenue Code and regulations prescribed
thereunder.
(I) For purposes of this section, payroll and compensation
do not include amounts in excess of two hundred thousand dollars
directly or indirectly paid or accrued during the taxable year to
an employee. For purposes of applying this division, the
aggregate payroll and compensation directly or indirectly paid or
accrued by the taxpayer and by the taxpayer's related members, if
any, to an employee and to the employee's children,
grandchildren, parents, and spouse, other than a spouse who is
legally separated from the employee, shall be considered to be
paid to the employee.
(J) With respect to allowing the credit provided by this
section, the tax commissioner shall be guided by the doctrines of
"economic reality," "sham transaction," "step transaction," and
"substance over form." The taxpayer shall bear the burden of
establishing by preponderance of the evidence that any
transaction giving rise to a claimed credit did not have as a
principal purpose the avoidance of any portion of the tax imposed
by section 5733.06 of the Revised Code.
Nothing in this section shall be construed to limit solely
to this section the application of the doctrines listed in this
division.
Sec. 5733.09. (A) An (1) Except as provided in divisions (A)(2) to (4) of this section, an incorporated company, whether
foreign
or domestic, owning and operating a public utility in
this state,
and required by law to file reports with the
tax commissioner and
to pay an excise tax upon its gross
receipts, and insurance,
fraternal, beneficial, bond investment,
and other corporations
required by law to file annual reports
with the superintendent of
insurance and dealers in intangibles,
the shares of which are, or
the capital or ownership in capital
employed by such dealer is,
subject to the taxes imposed by
section 5707.03 of the Revised
Code, shall not be subject to this
chapter, except for sections
5733.031, 5733.042, 5733.05, 5733.052,
5733.053, 5733.069,
5733.0611, 5733.40, 5733.41, and sections 5747.40 to
5747.453 of
the Revised Code.
However, for reports required to be filed under
section 5725.14 of the Revised Code in 2003 and thereafter,
nothing in this section shall be
construed to exempt the property
of any dealer in intangibles under section 5725.13 of the Revised
Code from the tax imposed
under section 5707.03 of the Revised
Code. An
(2) An electric company
subject to the
filing requirements of
section 5727.08 of the
Revised Code
or otherwise having nexus with
or in this state under
the
Constitution of the United States, or
any other corporation
having any gross
receipts directly
attributable to providing
public utility service as an electric
company or having any
property directly attributable to
providing
public utility service
as an electric company, is
subject to this
chapter.
(3) A telephone company that no longer pays an excise tax under section 5727.30 of the Revised Code on its gross receipts billed after June 30, 2004, is first subject to taxation under this chapter for tax year 2005. For that tax year, a telephone company with a taxable year beginning in 2003 and ending in 2004 shall compute the tax imposed under this chapter, or shall compute the net operating loss carry forward for tax year 2005, by multiplying the tax owed under this chapter, net of all nonrefundable credits, or the loss for the taxable year, by fifty per cent.
(4) A water transportation company that no longer pays an excise tax under section 5727.30 of the Revised Code on its gross receipts after June 30, 2003, is first subject to taxation under this chapter for tax year 2004. For that tax year, a water transportation company shall compute the tax imposed under this chapter, or shall compute the net operating loss carry forward for tax year 2004, by multiplying the tax owed under this chapter, net of all nonrefundable credits, or the loss for the taxable year, by fifty per cent.
(B) A corporation that has made an election under
subchapter
S, chapter one, subtitle A, of the Internal Revenue
Code for its
taxable year under such code is exempt from the tax
imposed by
section 5733.06 of the Revised Code that is based on
that taxable
year.
A corporation that makes such an election shall file a
notice
of such election with the tax commissioner between the
first day
of January and the thirty-first day of March of each
tax year that
the election is in effect.
(C) An entity defined to be a "real estate investment
trust"
by section 856 of the Internal Revenue Code, a "regulated
investment company" by section 851 of the Internal Revenue Code,
or a "real estate mortgage investment conduit" by section 860D of
the Internal Revenue Code, is exempt from taxation for a tax year
as a corporation under this chapter and is exempt from taxation
for a return year as a dealer in intangibles under Chapter 5725.
of the Revised Code if it provides the report required by this
division. By the last day of March of the tax or return year the
entity shall submit to the tax commissioner the name of the
entity
with a list of the names, addresses, and social security
or
federal identification numbers of all investors, shareholders,
and
other similar investors who owned any interest or invested in
the
entity during the preceding calendar year. The commissioner
may
extend the date by which the report must be submitted for
reasonable cause shown by the entity. The commissioner may
prescribe the form of the report required for exemption under
this
division.
(D)(1) As used in this division:
(a) "Commercial printer" means a
person primarily engaged in
the business of commercial printing. However,
"commercial
printer" does not include a person
primarily engaged in the
business of providing duplicating
services using photocopy
machines or other xerographic
processes.
(b) "Commercial printing" means
printing by one or more
common processes such as letterpress,
lithography, gravure,
screen, or digital imaging, and includes
related activities such
as binding, platemaking, prepress
operation, cartographic
composition, and typesetting.
(c) "Contract for printing" means an
oral or written
agreement for the purchase of printed materials
produced by a
commercial printer.
(d) "Intangible property located at
the premises of a
commercial printer" means intangible property
of any kind owned or
licensed by a customer of the commercial
printer and furnished to
the commercial printer for use in
commercial printing.
(e) "Printed material" means any
tangible personal property
produced or processed by a commercial
printer pursuant to a
contract for printing.
(f) "Related member" has the same
meaning as in division
(A)(6)
of section 5733.042 of the Revised Code without regard to
division (B) of that section.
(2) Except as provided in divisions (D)(3) and (4) of this
section, a corporation not otherwise subject to the tax imposed by
section
5733.06 of the Revised Code for a tax year does not become
subject
to that tax for
the tax year solely by reason of any one
or more of the
following occurring in this state during the
taxable year that
ends immediately prior to the tax year:
(a) Ownership by the corporation or a
related member of the
corporation of tangible personal property
or intangible property
located during all or any portion of the
taxable year or on the
first day of the tax year at the premises
of a commercial printer
with which the corporation or the
corporation's related member has
a contract for printing with
respect to such property or the
premises of a commercial
printer's related member with which the
corporation or the
corporation's related member has a contract for
printing with
respect to such property;
(b) Sales by the corporation or a
related member of the
corporation of property produced at and
shipped or distributed
from the premises of a commercial printer
with which the
corporation or the corporation's related member
has a contract for
printing with respect to such property or the
premises of a
commercial printer's related member with which the
corporation or
the corporation's related member has a contract
for printing with
respect to such property;
(c) Activities of employees,
officers, agents, or
contractors of the corporation or a related
member of the
corporation on the premises of a commercial
printer with which the
corporation or the corporation's related
member has a contract for
printing or the premises of a
commercial printer's related member
with which the corporation
or the corporation's related member has
a contract for printing,
where the activities are directly and
solely related to quality
control, distribution, or printing
services, or any combination
thereof, performed by or at the
direction of the commercial
printer or the commercial printer's
related member.
(3) The exemption under this division does not apply for a
taxable year to any corporation having on the first day of
January
of the tax year or at
any time during the taxable year ending
immediately preceding
the first day of January of the
tax year a
related member which, on the first day of
January of the tax year
or
during any portion of such taxable year of the corporation,
has
nexus in or with this state under the Constitution of the
United
States or holds a certificate
of compliance with the laws of this
state authorizing it to
do business in this state.
(4) With respect to allowing the exemption under this
division, the tax commissioner shall be guided by the doctrines
of
"economic reality," "sham transaction," "step transaction,"
and
"substance over form." A corporation shall bear the burden
of
establishing by a preponderance of the evidence that any
transaction giving rise to an exemption claimed under this
division did not have as a principal purpose the avoidance of
any
portion of the tax imposed by section 5733.06 of the Revised Code.
Application of the doctrines listed in division
(D)(4) of
this section is not
limited to this division.
Sec. 5733.18. Annually, on the day fixed for the payment
of
any excise or franchise tax required to be paid by law, such
tax,
together with any penalties subsequently
accruing thereon,
shall
become a lien on all property in this state of a
corporation,
whether such property is employed by the corporation
in the
prosecution of its business or is in the hands of an
assignee,
trustee, or receiver for the benefit of the creditors
and
stockholders. Such lien shall continue until such taxes,
together
with any penalties subsequently accruing, are paid.
Upon failure of such corporation to pay such tax on the day
fixed for payment,
the tax commissioner
may file, for which
filing no fee shall be charged, in the office of the county
recorder in each county in this state in which such corporation
owns or has a beneficial interest in real estate, notice of such
lien containing a brief description of such real estate. Such
lien shall not be valid as against any mortgagee, purchaser, or
judgment creditor whose rights have attached prior to the time
such notice is so filed in the county in which the real estate
which is the subject of such mortgage, purchase, or judgment lien
is located. Such notice shall be recorded in a book kept by the
recorder, called the corporation franchise lien record, and
indexed under the name of the corporation charged with such tax.
When such tax, together with any penalties subsequently accruing
thereon, has been paid, the tax commissioner shall furnish to the
corporation an acknowledgment of such payment which the
corporation may record with the recorder of each county in which
notice of such lien has been filed, for which recording the
recorder shall charge and receive a base fee of two dollars for services and a housing trust fund fee of two dollars pursuant to section 317.36 of the Revised Code.
Sec. 5733.22. (A)(1) Any corporation whose articles of
incorporation or license certificate to do or transact business
in
this state has been canceled by the
secretary of state pursuant to
section 5733.20
of the Revised Code for failure to make any
report
or return or to pay any tax or fee, shall be reinstated and again
entitled to
exercise its rights, privileges, and franchises in
this state,
and the secretary of state shall cancel the entry of
cancellation
to exercise its rights, privileges, and franchises
upon compliance with all of the following:
(a) Payment to the secretary of state
of any additional fees
and penalties required to be paid to the
secretary of state;
(b) Filing with the secretary of
state a certificate from
the tax commissioner that it has
complied with all the
requirements of law as to franchise or
excise tax reports and paid
all franchise or excise taxes, fees,
or penalties due thereon for
every year of its
delinquency;
(c) Payment to the secretary of state
of an additional fee
of ten dollars.
(2) The applicant for reinstatement shall be required
by the
secretary of state, as a condition prerequisite to such
reinstatement, to amend its articles by changing its name if all
of the
following apply:
(a) The reinstatement is not made within one year
from the
date of the cancellation of its articles of
incorporation or date
of the cancellation of its license to do
business;
(b) It appears that the applicant's
articles of
incorporation or license certificate has been issued
to another
entity and is not distinguishable upon the record
from the name of
the applicant;
(c) It appears that the articles of organization of a
limited
liability company, registration of a foreign limited
liability company,
certificate of limited partnership,
registration of a
foreign limited partnership, registration of a
domestic or
foreign limited liability partnership, or registration
of a
trade name has been issued to another entity and is not
distinguishable upon the record from the name of the
applicant. A
certificate of reinstatement may be filed in the recorder's
office
of any county in the state, for which the recorder shall
charge
and collect a base fee of three dollars for services and a housing trust fund fee of three dollars pursuant to section 317.36 of the Revised Code.
Any officer, shareholder, creditor, or receiver of any such
corporation may at any time take all steps required by this
section to effect such reinstatement.
(B) The rights, privileges, and franchises of a corporation
whose articles of
incorporation have been reinstated in accordance
with this section, are
subject to section 1701.922 of the Revised
Code.
(C) Notwithstanding a violation of section 5733.21 of the
Revised Code, upon
reinstatement of a corporation's articles of
incorporation in accordance with
this section, neither section
5733.20 nor section 5733.21 of the Revised Code
shall be applied
to invalidate the exercise or attempt to exercise any right,
privilege, or franchise on behalf of the corporation by an
officer, agent, or
employee of the corporation after cancellation
and prior to the reinstatement
of the articles, if the conditions
set forth in divisions (B)(1)(a) and (b) of
section 1701.922 of
the Revised Code are met.
Sec. 5733.33. (A) As used in this section:
(1) "Manufacturing machinery and equipment" means engines
and machinery, and tools and implements, of every kind used, or
designed to be used, in refining and or manufacturing and capitalized by a manufacturer entitled to the depreciation deduction for the property for federal income tax purposes.
"Manufacturing machinery and equipment" does not include property
acquired after December 31, 1999, that is used any of the following:
(a) For Property used for the transmission and or distribution of electricity;
(b) For Property used for the generation of electricity, if fifty per cent or more
of the that electricity that the property generates is consumed, during the
one-hundred-twenty-month period
commencing with the date the property is placed in service, by
persons that are not related members to the person who generates
the electricity;
(c) Property used to provide a service, including, but not limited to, health care diagnostic equipment, veterinary diagnostic equipment, and equipment for providing telecommunications service or mobile telecommunications service as defined in section 5739.01 of the Revised Code;
(d) Property exempted from taxation under section 3706.041 or 5709.25 of the Revised Code;
(e) Property owned by a corporation claiming exemption from taxes imposed by this chapter under division (A) or (C) of section 5733.09 of the Revised Code.
(2) "New manufacturing machinery and equipment" means
manufacturing machinery and equipment owned by, and the
original use in this
state of which commences with, either the taxpayer or with a partnership
of a pass-through entity in which the taxpayer is a partner.
"New manufacturing machinery and equipment" does not include
property acquired after December 31, 1999, that is used:
(a) For the transmission and distribution of electricity;
(b) For the generation of electricity, if fifty per cent or more
of the electricity that the property generates is consumed, during the
one-hundred-twenty-month period
commencing with the date the property is placed in service, by
persons that are not related members to the person who generates
the electricity an equity investor.
(3)(a) "Purchase" has the same meaning as in section
179(d)(2)
of the Internal Revenue Code and includes a manufacturer's acquisition of property by lease if the lessee-manufacturer has capitalized the property and is entitled to the depreciation deduction for the property for federal income tax purposes. For purposes of this section, if the lessee-manufacturer has capitalized the property and is entitled to the depreciation deduction for the property for federal income tax purposes, and the lessee-manufacturer takes possession of the property not later than ninety days after the lease agreement becomes effective, then the lessee-manufacturer is the purchaser and owner of the property and the lessor is not deemed to have used the property in this state by acquiring and holding the property solely for the purposes of such lease; otherwise, the lessor is considered to be the purchaser and owner of the property and is not entitled to the credit provided by this section.
(b) For purposes of this section, any
property that is not manufactured or assembled primarily by the taxpayer
is considered purchased at the time the agreement to
acquire the
property becomes binding. Any property that is
manufactured or assembled primarily by the taxpayer is considered purchased at
the time the taxpayer places the property in service in the county for which
the taxpayer will calculate the county excess amount.
(c) Notwithstanding section 179(d) of the Internal Revenue
Code, a A taxpayer's direct or indirect acquisition of new
manufacturing machinery and equipment is not purchased on or after
July 1, 1995, if the taxpayer, or a person whose relationship to the taxpayer
is described in subparagraphs (A), (B), or (C) of section 179(d)(2) of the
Internal Revenue Code, had directly or
indirectly entered into a binding agreement to acquire the
property at any time prior to July 1, 1995.
(4) "Qualifying period" means the period that begins July 1,
1995, and ends December 31, 2005.
(5) "County average new manufacturing machinery and
equipment investment" means either of the following:
(a) The average annual cost of new
manufacturing machinery and equipment purchased for use in the
county during baseline years, in the case
of a taxpayer that was in existence for more than one
year
during baseline years.
(b) Zero, in the case of a taxpayer that was not
in existence for more than one year during baseline
years.
(6) "Partnership" includes a limited
liability company formed under Chapter
1705. of the Revised
Code or under the laws of any
other state, provided that the company is not classified for
federal income tax purposes as an association taxable as a
corporation "Manufacturer" has the same meaning as in section 5711.16 of the Revised Code.
(7) "Partner" includes a member of a limited liability company formed
under Chapter 1705. of the Revised
Code or under the laws of any
other state, provided that the company is not classified for
federal income tax purposes as an association taxable as a
corporation "Equity investor in a pass-through entity" means an investor having such an equity interest in a pass-through entity that the depreciation deduction on the pass-through entity's new manufacturing machinery and equipment is passed through to the investor for federal income tax purposes.
(8) "Distressed area" means either a municipal corporation
that has a population of at least fifty thousand or a county
that meets two of the following criteria of economic
distress, or a municipal corporation the majority of the population of which
is situated in such a county:
(a) Its average rate of unemployment, during the
most recent five-year period for which data are available, is
equal to at least one hundred twenty-five per cent of the
average rate of unemployment for the United States for the same period;
(b) It has a per capita income equal to or below
eighty per cent of the median county per capita income of the
United States as determined by the
most recently available figures from the United
States census bureau;
(c)(i) In the
case of a municipal corporation, at least twenty per cent of the
residents have a total income for the most recent census year
that is below the official poverty line;
(ii) In the case of a county, in intercensal
years, the county has a ratio of transfer payment income to
total county income equal to or greater than twenty-five
per cent.
(9) "Eligible area" means a distressed area, a labor
surplus area, an inner city area, or a situational distress
area.
(10) "Inner city area" means, in a municipal corporation
that has a population of at least one hundred thousand and does
not meet the criteria of a labor surplus area or a distressed area, targeted
investment areas established by the municipal corporation within
its boundaries that are comprised of the most recent census
block tracts that individually have at least twenty per cent of
their population at or below the state poverty level
or other census block tracts contiguous to such census block tracts.
(11) "Labor surplus area" means an area designated as a
labor surplus area by the United States department of
labor.
(12) "Official poverty line" has the same meaning as in
division (A) of section 3923.51 of the Revised Code.
(13) "Situational distress area" means a county or a
municipal corporation that has experienced or is experiencing a
closing or downsizing of a major employer, that will adversely
affect the county's or municipal corporation's economy. In
order to be designated as a situational distress area for a
period not to exceed thirty-six months, the county or municipal
corporation may petition the director of
development. The petition shall include written
documentation that demonstrates all of the following adverse effects on the
local economy:
(a) The number of jobs lost by the closing or downsizing;
(b) The impact that the job loss has on the
county's or municipal corporation's unemployment rate as
measured by the state director of
job and family services;
(c) The annual payroll associated with the job loss;
(d) The amount of state and local taxes associated with the job loss;
(e) The impact that the closing or downsizing has on the suppliers located in
the county or municipal corporation.
(14) "Cost" has the same meaning and limitation as in section
179(d)(3) of the Internal Revenue Code.
(15) "Baseline years" means:
(a) Calendar years 1992, 1993, and 1994, with regard to a credit
claimed for the purchase during calendar year 1995, 1996, 1997, or 1998 of new
manufacturing machinery and equipment;
(b) Calendar years 1993, 1994, and 1995, with regard to a credit
claimed for the purchase during calendar year 1999 of new manufacturing
machinery and equipment;
(c) Calendar years 1994, 1995, and 1996, with regard to a credit
claimed for the purchase during calendar year 2000 of new manufacturing
machinery and equipment;
(d) Calendar years 1995, 1996, and 1997, with regard to a credit
claimed for the purchase during calendar year 2001 of new manufacturing
machinery and equipment;
(e) Calendar years 1996, 1997, and 1998, with regard to a credit
claimed for the purchase during calendar year 2002 of new manufacturing
machinery and equipment;
(f) Calendar years 1997, 1998, and 1999, with regard to a credit
claimed for the purchase during calendar year 2003 of new manufacturing
machinery and equipment;
(g) Calendar years 1998, 1999, and 2000, with regard to a credit
claimed for the purchase during calendar year 2004 of new manufacturing
machinery and equipment;
(h) Calendar years 1999, 2000, and 2001, with regard to a credit
claimed for the purchase during calendar year 2005 of new manufacturing
machinery and equipment;
(16) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(B)(1) Subject to division (I) of this section, a
nonrefundable credit is allowed against
the tax imposed by section 5733.06 of the Revised Code for a
taxpayer that purchases
new manufacturing machinery and equipment during the qualifying
period, provided that the new manufacturing machinery and
equipment are is installed in this state no later than
December 31, 2006.
(2)(a) Except as otherwise provided in division
(B)(2)(b)
of this section, a credit may be claimed under this section in excess of one
million dollars only if the cost of all manufacturing machinery
and equipment owned in this state by the taxpayer claiming the
credit on the last day of the calendar year exceeds the cost of
all manufacturing machinery and equipment owned in this state by
the taxpayer on the first day of that calendar year.
As used in division (B)(2)(a) of this
section, "calendar year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased.
(b) Division (B)(2)(a)
of this section does not apply if the taxpayer claiming the
credit applies for and is issued a waiver of the requirement of
that division. A taxpayer may apply to the director of development for such a
waiver in the manner
prescribed by the director, and the director may issue such a
waiver if the director determines that granting the credit is
necessary to increase or retain employees
in this state, and that the credit
has not caused relocation of manufacturing machinery and
equipment among counties within this state for the primary purpose of
qualifying for the credit.
(C)(1) Except as otherwise provided in division (C)(2)
and division (I) of this section, the credit amount
is equal to seven and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment
purchased during the calendar year for use in a county over the county
average new manufacturing machinery and equipment investment for
that county.
(2) Subject to division (I) of this section, as
used in division (C)(2) of
this section "county excess" means the taxpayer's excess cost
for a county as
computed under division (C)(1) of this section.
Subject to division (I) of this section, a
taxpayer with a county excess, whose purchases included purchases
for use in any eligible area in the county, the
credit amount is equal to thirteen and one-half per cent of the
cost of the new manufacturing machinery and
equipment purchased during the calendar year for use in the
eligible areas in the county,
provided that the cost subject to the thirteen and one-half per cent rate
shall not exceed the county excess. If the county excess is greater than the
cost of the new manufacturing
machinery and equipment purchased during the calendar
year for use in eligible areas in the county, the credit amount
also shall include an amount equal
to seven and one-half per cent of the amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new manufacturing
machinery and equipment in more than one county or eligible area, it shall
aggregate the amount of those credits each year.
(4) The taxpayer shall claim one-seventh of the credit
amount for the tax year immediately following the calendar year
in which the new manufacturing machinery and equipment is
purchased for use in the county by the
taxpayer or partnership pass-through entity. One-seventh of the
taxpayer credit amount is allowed for each of the six ensuing
tax years. Except for carried-forward amounts, the taxpayer is not allowed
any credit amount remaining if the
new manufacturing machinery and equipment is sold by the
taxpayer or partnership pass-through entity or is transferred by the taxpayer or
partnership pass-through entity out of the county before the end of the seven-year
period unless, at the time of the sale or transfer, the new manufacturing
machinery and equipment has been fully depreciated for federal income tax
purposes.
(5)(a) A taxpayer that acquires manufacturing machinery
and equipment as a result of a merger with the
taxpayer with whom commenced the original use in this state of
the manufacturing machinery and equipment, or with a taxpayer
that was a partner an equity investor in a partnership with whom pass-through entity with which commenced the
original use in this state of the manufacturing machinery and
equipment, is entitled to any remaining or carried-forward
credit amounts to which the taxpayer was entitled.
(b) A taxpayer that enters into an agreement under division
(C)(3) of section 5709.62 of the Revised Code and that acquires manufacturing
machinery or equipment as a
result of purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom commenced the
original use in this
state of the manufacturing machinery or equipment, and that operates the large
manufacturing facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who sold the
facility would have been
entitled under this section had the other taxpayer not sold the manufacturing
facility or equipment.
(c) New manufacturing machinery and equipment is
not considered sold if a pass-through entity transfers to
another pass-through entity substantially all of its assets as
part of a plan of reorganization under which substantially all
gain and loss is not recognized by the pass-through entity that
is transferring the new manufacturing machinery and equipment to
the transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or
in part, by reference to the basis of the pass-through entity
which transferred the new manufacturing machinery and equipment
to the transferee.
(d) Division (C)(5) of this section shall apply only if
the acquiring taxpayer or transferee does not sell
the new manufacturing machinery and equipment or transfer the
new manufacturing machinery and equipment out of the county
before the end of the seven-year period to which division
(C)(4) of this section refers.
(e) Division (C)(5)(b)
of this section applies only to the extent that the taxpayer that sold the
manufacturing machinery or equipment, upon request, timely
provides to the tax commissioner any information that the tax
commissioner considers to be necessary to ascertain any
remaining or carried-forward amounts to which the taxpayer that
sold the facility would have been entitled under this section
had the taxpayer not sold the manufacturing machinery or
equipment. Nothing in division (C)(5)(b)
or (e) of this section shall be construed to allow
a taxpayer to claim any credit amount with respect to the
acquired manufacturing machinery or equipment that is greater
than the amount that would have been available to the other
taxpayer that sold the manufacturing machinery or equipment had
the other taxpayer not sold the manufacturing machinery or
equipment.
(D) The taxpayer shall claim the
credit in the order required under section 5733.98 of the
Revised Code. Each year, any credit
amount in excess of the tax due under section 5733.06
of the Revised Code after
allowing for any other credits that precede the credit under
this section in that order may be carried forward for three
tax years.
(E) A taxpayer purchasing new
manufacturing machinery and equipment and intending to claim the
credit shall file, with the department of development, a notice
of intent to claim the credit on a form prescribed by the
department of development. The department of development shall
inform the tax commissioner of the notice of intent to claim the
credit.
(F) The director of development shall annually
certify, by the first day of January of each
year during the qualifying period, the eligible areas for the
tax credit for the calendar year that includes that first day of
January. The director shall
send a copy of the certification to the tax commissioner.
(G) New manufacturing machinery and equipment for which a
taxpayer claims the credit under
section 5733.31, 5733.311, 5747.26,
or 5747.261 of the Revised Code shall
not be considered new manufacturing machinery and equipment for purposes of
the credit under this section.
(H)(1) Notwithstanding sections 5733.11 and 5747.13 of
the Revised Code, but subject to division (H)(2) of
this section,
the tax commissioner may issue an assessment against a person with respect to
a credit claimed under this section for new manufacturing machinery and
equipment described in division (A)(1)(b) or
(2)(b) of this section, if
the machinery or equipment subsequently does
not qualify for the credit.
(2) Division (H)(1) of this section shall not apply after
the
twenty-fourth month following the last day of the period described in
divisions division (A)(1)(b) and (2)(b) of
this
section.
(I) Notwithstanding any other provision of this
section to the contrary, in the case of a qualifying controlled
group, the credit available under this
section to a taxpayer or taxpayers in the
qualifying controlled group shall be computed as if all
corporations in the group
were a
single corporation. The credit shall be allocated to
such a taxpayer or
taxpayers in the group in any amount elected for the
taxable year by the group. Such election shall be revocable and amendable
during the
period
described in division (B) of section 5733.12 of the Revised Code.
This division applies to all purchases of new manufacturing
machinery and equipment made on or after January 1, 2001, and to
all baseline years used to compute any credit attributable to such
purchases; provided, that this division may be applied solely at
the election of the qualifying controlled group with respect to
all purchases of new manufacturing machinery and equipment made
before that date, and to all baseline years used to compute any
credit attributable to such purchases. The qualifying controlled
group at any time may elect to apply this division to purchases
made prior to January 1, 2001, subject to the following:
(1) The election is irrevocable;
(2) The election need not accompany a timely filed report, but
the election may accompany a subsequently filed but timely application
for refund, a subsequently filed but timely amended report, or a
subsequently filed but timely petition for reassessment.
Sec. 5733.39. (A) As used in this section:
(1) "Compliance facility" means property that is designed,
constructed, or installed, and used, at a coal-fired electric
generating facility for the primary purpose of complying with
acid rain control requirements under Title
IV of the "Clean Air Act Amendments of 1990," 104
Stat. 2584, 42 U.S.C.A.
7651, and that controls or limits emissions of sulfur or nitrogen
compounds resulting from the combustion of coal through the
removal or reduction of those compounds before, during, or after
the combustion of the coal, but before the combustion products
are emitted into the atmosphere. "Compliance facility" also
includes any of the following:
(a) A facility that removes sulfur compounds from coal
before the combustion of the coal and that is located off the
premises of the electric generating facility where the coal
processed by the compliance facility is burned;
(b) Modifications to the electric generating facility
where the compliance facility is constructed or installed that
are necessary to accommodate the construction or installation, and
operation, of the compliance facility;
(c) A byproduct disposal facility, as defined in section
3734.051 of the Revised Code, that exclusively disposes of wastes
produced by the compliance facility and other coal combustion
byproducts produced by the generating unit in or to which the
compliance facility is incorporated or connected regardless of
whether the byproduct disposal facility is located on the same
premises as the compliance facility or generating unit that
produces the wastes disposed of at the facility;
(d) Facilities or equipment that is acquired, constructed,
or installed, and used, at a coal-fired electric generating
facility exclusively for the purpose of handling the byproducts
produced by the compliance facility or other coal combustion
byproducts produced by the generating unit in or to which the
compliance facility is incorporated or connected;
(e) A flue gas desulfurization system that is
connected to a coal-fired electric generating unit;
(f) Facilities or equipment acquired, constructed,
or installed, and used, at a coal-fired electric generating unit
primarily for the purpose of handling the byproducts produced by
a compliance facility or other coal combustion byproducts
produced by the generating unit in or to which the compliance
facility is incorporated or connected.
(2) "Ohio coal" has the same meaning as in section
4913.01 of the Revised
Code.
(3) "Sale and leaseback transaction" has the same meaning
as in section 5727.01 of the
Revised
Code.
(B) An electric company shall be allowed a
nonrefundable
credit against the tax imposed by section 5733.06 of the
Revised
Code for
Ohio coal used in any of its
coal-fired electric generating units after April 30, 2001, but before
January 1, 2005. Section
5733.057 of the
Revised
Code shall apply when
calculating the credit allowed by this section. The credit
shall be claimed at the rate of three dollars per ton of
Ohio coal burned in a
coal-fired electric generating unit during the taxable year
ending immediately preceding the a tax year before tax year 2004, and one dollar per ton of Ohio coal burned in a coal-fired electric generating unit during the taxable year ending immediately preceding tax year 2004 and tax year 2005. The credit is
allowed only if both of the following conditions are met during
such taxable year:
(1) The coal-fired electric generating unit is owned and
used by the company claiming the credit or leased and used by
that company under a sale and leaseback transaction.
(2) A compliance facility is attached to, incorporated
in, or used in conjunction with the coal-fired generating
unit.
(C) The credit shall be
claimed in the order required under section 5733.98 of the
Revised Code.
The taxpayer may carry forward any credit amount in excess of
its tax due after allowing for any other credits that precede the
credit allowed under this section in the order required under section
5733.98 of the Revised Code. The excess
credit may be carried forward
for three years following the tax year for which it is
claimed under this section.
(D) The director of
environmental protection, upon the request of the tax
commissioner, shall certify whether a facility is a compliance
facility. In the case of a compliance facility owned by an
electric company, the public utilities commission shall certify
to the tax commissioner the cost of the facility as of the date
it was placed in service. In the case of a compliance facility
owned by a person other than an electric company, the tax
commissioner shall determine the cost of the facility as of the
date it was placed in service. If the owner of such a facility
fails to furnish the information necessary to make that
determination, no credit shall be allowed.
Sec. 5733.40. As used in sections 5733.40 and 5733.41 and
Chapter
5747. of the Revised Code:
(A)(1)
"Adjusted qualifying amount" means either of the
following:
(a) The
sum of a each qualifying investor's distributive
share
of the
income, gain, expense, or loss of a qualifying
pass-through
entity for the qualifying taxable year of the
qualifying
pass-through
entity multiplied by the apportionment
fraction
defined in
division (B) of this section, subject to
section
5733.401 of
the Revised Code and
divisions (A)(2) to
(7)
of this
section;
(b) The sum of a each qualifying beneficiary's share of the
qualifying net income
and qualifying net gain distributed by a
qualifying trust for the qualifying
taxable year of the qualifying
trust multiplied by the apportionment
fraction defined in division
(B) of this section, subject to section
5733.401 of the Revised
Code and divisions (A)(2)
to
(6)(7) of this section.
(2) The sum shall exclude any amount which, pursuant to the
Constitution of
the United States, the Constitution of Ohio, or
any federal law is not subject
to a tax on or measured by net
income.
(3) The sum shall be increased by For the purposes of Chapters 5733. and 5747. of the Revised Code, the profit or net income of the qualifying entity shall be increased by disallowing all amounts representing
expenses, other
than amounts described in division
(A)(7) of
this
section, that the
qualifying entity paid to or
incurred with
respect to
direct or indirect transactions with one
or more
related members,
excluding the cost of goods sold
calculated in
accordance with
section 263A of the Internal Revenue
Code and
United States
department of the treasury regulations
issued
thereunder.
Nothing
in division (A)(3) of this section
shall be
construed to limit
solely
to this chapter the application
of
section 263A of the
Internal Revenue Code
and United States
department of the treasury
regulations issued thereunder.
(4) The sum shall be increased by For the purposes of Chapters 5733. and 5747. of the Revised Code, the profit or net income of the qualifying entity shall be increased by disallowing all recognized losses,
other than losses from sales of inventory the cost of which is
calculated in
accordance with section 263A of the Internal Revenue
Code and United States
department of the treasury regulations
issued thereunder, with respect to all
direct or indirect
transactions with one or more related members. Losses For the purposes of Chapters 5733. and 5747. of the Revised Code, losses from
the
sales of such inventory shall be allowed only to the extent calculated in accordance with
section 482
of the Internal Revenue Code and United States
department of the treasury
regulations issued thereunder. Nothing
in division (A)(4) of this section
shall be construed to limit
solely to this section the application of section
263A and
section 482 of the Internal Revenue Code and
United States
department
of the treasury regulations issued thereunder.
(5)
The sum shall be increased or decreased by an amount
equal to the qualifying investor's or qualifying beneficiary's
distributive or proportionate share of the amount that the
qualifying entity would be required to add or deduct under
divisions (A)(20) and (21) of section 5747.01 of the Revised Code
if the qualifying entity were a taxpayer for the purposes of
Chapter 5747. of the Revised Code.
(6) The sum shall be computed without regard to section
5733.051 or division
(D) of section 5733.052 of the Revised Code.
(7) For the purposes of Chapters 5733. and 5747. of the
Revised Code,
guaranteed payments
or compensation paid to
investors by a
qualifying entity
that is not subject to the tax
imposed
by
section 5733.06 of the
Revised Code
shall be considered
a
distributive share of income
of the
qualifying entity.
Division
(A)(7)
of this section
applies only to such payments or
such
compensation
paid to
an investor who at any time during the
qualifying
entity's
taxable year holds at
least a twenty per cent
direct or
indirect
interest in the profits or
capital of the
qualifying
entity.
(B)
"Apportionment fraction" means:
(1) With respect to a qualifying pass-through entity
other
than a financial institution, the fraction calculated
pursuant to
division (B)(2) of section 5733.05 of the Revised Code
as if the
qualifying pass-through entity were a corporation
subject to the
tax imposed by section 5733.06 of the Revised Code;
(2) With respect to a qualifying pass-through entity that is
a financial
institution, the fraction calculated pursuant to
division (C)
of section 5733.056 of the
Revised Code as if the
qualifying pass-through entity were a financial
institution
subject to the tax imposed by section 5733.06 of the Revised Code.
(3) With respect to a qualifying trust, the fraction
calculated pursuant to division (B)(2) of section 5733.05 of the
Revised Code
as if the qualifying trust were a corporation subject
to the tax imposed by
section 5733.06 of the Revised Code, except
that the property, payroll, and
sales fractions shall be
calculated by including in the numerator and denominator of the
fractions only the property, payroll, and sales, respectively,
directly related to the production of income or gain from
acquisition,
ownership, use, maintenance, management, or
disposition of
tangible personal property located in this state at
any time
during the qualifying trust's qualifying taxable year or
of real property
located in this state.
(C)
"Qualifying beneficiary" means any individual that,
during
the qualifying taxable year of a qualifying trust, is a
beneficiary of that
trust, but does not include an individual who
is a resident taxpayer for the
purposes of Chapter 5747. of the
Revised Code for the entire qualifying
taxable year of the
qualifying trust.
(D)
"Fiscal year" means an accounting period ending on any
day
other than the thirty-first day of December.
(E)
"Individual" means a natural person.
(F)
"Month" means a calendar month.
(G)
"Partnership" has the same meaning as in section 5747.01
of the Revised Code.
(H)
"Investor" means any person that, during any portion of
a
taxable year of a qualifying pass-through entity, is a partner,
member, shareholder, or investor in that qualifying pass-through
entity.
(I) Except as otherwise provided in section 5733.402 or
5747.401 of the Revised Code,
"qualifying investor" means any
investor except
those described in divisions (I)(1) to (9) of this
section.
(1) An investor satisfying one of the descriptions under
section
501(a) or (c) of
the Internal Revenue Code,
a partnership
with equity securities
registered with the United States
securities and exchange
commission under section 12 of the
"Securities Exchange Act of
1934," as amended, or
an investor described in division (F) of
section 3334.01, or division (A)
or (C) of section 5733.09 of the
Revised Code for the entire qualifying
taxable
year of the
qualifying pass-through entity.
(2) An investor who is either an individual or an estate and
is a resident taxpayer for the purposes
of section 5747.01 of the
Revised Code for the entire qualifying taxable year
of the
qualifying pass-through entity.
(3) An investor who is an individual for whom the qualifying
pass-through
entity makes a good faith and reasonable
effort to
comply fully and timely with the filing and payment
requirements
set forth in division (D) of section 5747.08 of the Revised Code
and section 5747.09 of the Revised Code with respect to the
individual's
adjusted qualifying amount for the entire
qualifying
taxable year of the qualifying pass-through entity.
(4) An investor that is another qualifying pass-through
entity having only
investors described in division (I)(1),
(2),
(3), or (6) of this section during the three-year period
beginning
twelve months prior to the first day of the qualifying
taxable
year of the qualifying pass-through entity.
(5) An investor that is
another pass-through entity having
no investors other than
individuals and estates during the
qualifying taxable year of
the qualifying pass-through entity in
which it is an investor,
and that makes a good faith and
reasonable effort to comply fully and timely
with the filing and
payment requirements set forth in division (D) of
section 5747.08
of the Revised Code and section 5747.09 of the Revised Code
with
respect to investors that are not resident taxpayers of this state
for the purposes of Chapter 5747. of the Revised Code
for the
entire qualifying taxable year of the qualifying
pass-through
entity in which it is an
investor.
(6) An investor that is a financial institution required to
calculate the tax
in accordance with division (D) of section
5733.06 of the Revised Code on the
first day of January of the
calendar year immediately following the last day
of the
financial
institution's calendar or fiscal year in which ends the taxpayer's
taxable year.
(7) An investor other than an individual that satisfies all
the
following:
(a) The investor submits a written statement to the
qualifying
pass-through entity stating that the investor
irrevocably agrees that the investor has nexus with this state
under the
Constitution of the United
States and is subject to and
liable for the tax calculated under division (B)
of section
5733.06 of the Revised Code
with respect to the investor's
adjusted qualifying
amount for the entire qualifying taxable year
of the qualifying
pass-through entity. The statement is subject
to the penalties
of perjury, shall be retained by the qualifying
pass-through
entity for no fewer than seven years, and shall be
delivered to
the tax commissioner upon request.
(b) The investor makes a good faith and reasonable effort to
comply timely
and fully with all the reporting and payment
requirements set forth in Chapter
5733. of the Revised Code with
respect to the investor's adjusted qualifying
amount for the
entire qualifying taxable year of the qualifying
pass-through
entity.
(c) Neither the investor nor the qualifying pass-through
entity
in which it is an investor, before, during, or after the
qualifying
pass-through entity's qualifying taxable year,
carries
out any transaction or transactions with one or more related
members
of the investor or the qualifying pass-through entity
resulting in a
reduction or deferral of tax imposed by Chapter
5733. of the Revised Code
with respect to all or any portion of
the investor's
adjusted qualifying amount for the qualifying
pass-through
entity's taxable year, or that
constitute a sham,
lack economic reality, or are part of a
series of transactions the
form of which constitutes a step transaction or
transactions or
does not reflect the substance of those transactions.
(8) Any other investor that the tax commissioner may
designate by rule. The tax commissioner may adopt rules
including
a rule defining
"qualifying investor" or
"qualifying beneficiary"
and governing
the imposition of the withholding tax imposed by
section 5747.41 of the
Revised Code with respect to an individual
who is a resident taxpayer for the
purposes of Chapter 5747. of
the Revised Code
for only a portion of the qualifying taxable year
of the
qualifying entity.
(9) An investor that is a trust or fund the beneficiaries of
which, during
the qualifying taxable year of the qualifying
pass-through entity, are limited
to the following:
(a) A person that is or may be the beneficiary of a trust
subject to
Subchapter D of Chapter 1 of Subtitle A of the Internal
Revenue Code.
(b) A person that is or may be the
beneficiary of or the
recipient of payments from a trust or fund
that is a nuclear
decommissioning reserve fund, a designated
settlement fund, or any
other trust or fund established to
resolve and satisfy claims that
may otherwise be asserted by the
beneficiary or a member of the
beneficiary's family. Sections
267(c)(4), 468A(e), and 468B(d)(2)
of the Internal Revenue Code apply to the
determination of whether
such a person satisfies division (I)(9) of this
section.
(c) A person who is or may be the beneficiary of a trust
that, under its
governing instrument, is not required to
distribute all of its income
currently. Division (I)(9)(c) of
this section applies only if the trust,
prior to the due date for
filing the qualifying pass-through entity's return
for taxes
imposed by section 5733.41 and sections 5747.41 to 5747.453 of
the
Revised Code, irrevocably agrees in writing that for the taxable
year
during or for which the trust distributes any of its income
to any of its
beneficiaries, the trust is a qualifying trust and
will pay the estimated tax,
and will withhold and pay the withheld
tax, as required under
sections 5747.40 to 5747.453 of the Revised
Code.
For the purposes of division (I)(9) of
this section, a trust
or fund shall be considered to have a
beneficiary other than
persons described under divisions
(I)(9)(a) to (c) of this section
if a beneficiary would
not qualify under those divisions under the
doctrines of
"economic reality,"
"sham transaction,"
"step
doctrine," or
"substance over form." A trust or fund described in
division
(I)(9) of this section bears the burden of establishing
by a preponderance of
the evidence that any transaction giving
rise to the tax benefits provided
under division (I)(9) of this
section does not have as a principal purpose a
claim of those tax
benefits. Nothing in this section shall be construed to
limit
solely to this section the application of the doctrines
referred
to in this paragraph.
(J)
"Qualifying net gain" means any recognized net gain with
respect to the acquisition, ownership, use, maintenance,
management, or
disposition of tangible personal property located
in this state at any time
during a trust's qualifying taxable year
or real property located in
this state.
(K)
"Qualifying net income" means any recognized income, net
of
related deductible expenses, other than distributions
deductions
with respect to the acquisition, ownership,
use,
maintenance, management, or disposition of tangible personal
property
located in
this state at any time during the trust's
qualifying taxable year or
real property located in this state.
(L)
"Qualifying entity" means a qualifying pass-through
entity
or a qualifying trust.
(M)
"Qualifying trust" means a trust subject to subchapter J
of the Internal
Revenue Code
that, during any portion of the
trust's qualifying taxable year, has income
or gain from the
acquisition, management, ownership, use,
or disposition of
tangible personal property located in this
state at any time
during the trust's qualifying taxable year or real
property
located in this state.
"Qualifying trust" does not
include a
person described in section 501(c) of the Internal Revenue Code
or
a person described in division (C) of section 5733.09 of the
Revised Code.
(N)
"Qualifying pass-through entity" means a pass-through
entity
as defined in section 5733.04 of the Revised Code,
excluding a person
described in section 501(c)
of the Internal
Revenue Code, a partnership with equity securities registered
with
the United States securities and exchange commission under
section
12 of the Securities Exchange Act of 1934, as amended, or a person
described in division (C) of section 5733.09 of the Revised Code.
(O)
"Quarter" means the first three months, the second three
months, the third three months, or the last three months of
a
qualifying entity's qualifying taxable year.
(P)
"Related member" has the same meaning as in division
(A)(6) of section
5733.042 of the Revised Code without regard to
division (B) of that section.
However, for the purposes of
divisions (A)(3) and (4) of this section only,
"related member"
has the same
meaning as in division (A)(6) of section 5733.042 of
the Revised Code without
regard to division (B) of that section,
but shall be applied by substituting
"forty per cent" for
"twenty
per cent" wherever
"twenty per cent" appears in
division (A)(3) of
that section.
(Q)
"Return" or
"report" means the notifications and reports
required to be filed pursuant to sections 5747.42 to 5747.45 of
the Revised
Code for the purpose of reporting the tax imposed
under section 5733.41 or
5747.41 of the Revised Code, and included
declarations of estimated tax when
so required.
(R)
"Qualifying taxable year" means the calendar year or the
qualifying
entity's fiscal year ending during the calendar year,
or fractional part
thereof, for which the adjusted qualifying
amount is calculated pursuant to
sections 5733.40 and 5733.41 or
sections 5747.40 to 5747.453 of the Revised
Code.
(S) "Distributive share" includes the sum of the income,
gain, expense, or loss of a disregarded entity or qualified subchapter S subsidiary.
Sec. 5733.45. (A) For purposes of this section, a
"qualifying dealer in intangibles" is a dealer in intangibles that
is a member of a qualifying controlled group of which a financial
institution is also a member on the first day of the financial
institution's tax year.
(B) For tax years 2002, 2003, and thereafter 2004, there is hereby
allowed to each financial institution a nonrefundable credit
against the tax imposed by section 5733.06 of the Revised Code.
The amount of the credit shall be computed in accordance with
division (C) of this section. The credit shall be claimed in the
order prescribed by section 5733.98 of the Revised Code. The
credit shall not exceed the amount of tax otherwise due under
section 5733.06 of the Revised Code after deducting any other
credits that precede the credit claimed under this section in that
order.
(C) Subject to division (D) of this section, the amount of
the nonrefundable credit is the lesser of the amount described in
division (C)(1) of this section or the amount described in
division (C)(2) of this section.
(1) The amount of tax that a qualifying dealer in
intangibles paid under Chapter 5707. of the Revised Code during
the calendar year immediately preceding
the financial
institution's tax year. Such amount shall be
reduced, but not
below zero, by any refunds of such tax received by the
qualifying
dealer in intangibles under Chapter 5703. of the
Revised Code
during that calendar year.
(2) The product of the amounts described in division
(C)(2)(a) to (C)(2)(c) of this section. The amount described in
division (C)(2)(a) of this section shall be
ascertained on the
last day of the financial institution's taxable
year immediately
preceding the tax year.
(a) The cost of the financial institution's direct
investment in the capital stock of the qualifying dealer in
intangibles. The cost does not include any appreciation or
goodwill to the extent those amounts are allowed as an exempted
asset on the financial institution's annual report.
(b) The ratio described in section
5725.15
of the Revised
Code for the calendar year immediately preceding
the financial
institution's tax year;
(c) The tax rate imposed under division (D) of section
5707.03 of the Revised
Code for the calendar year immediately
preceding the financial institution's tax year.
(D)(1) The principles and concepts set forth in section
5733.057 of the Revised Code shall apply to ascertain if a dealer
in intangibles is a member of a qualifying controlled group of
which the financial institution also is a member and to ascertain
the cost of the financial institution's direct investment in the
capital stock of the qualifying dealer in intangibles.
(2) Notwithstanding section 5733.111
5703.56 of the Revised Code to the contrary, a
financial institution claiming the credit provided by this section
has the burden to establish by a preponderance of the evidence
that none of the doctrines referred to in that section would apply to deny to
the financial institution all or a part of the credit otherwise
provided by this section.
(E) For tax years 2002 and 2003, the credit allowed by this
section applies only if the qualifying dealer in intangibles on
account of which the financial institution is claiming the credit
submits to the
Tax Commissioner
tax commissioner, not later than
January 15, 2002,
a
written statement that the qualifying dealer
in intangibles
irrevocably agrees that it will not seek a refund
of the tax paid
by the dealer under section 5707.03 of the Revised
Code in 2000
and 2001, and irrevocably agrees to continue paying
that tax in
2002, regardless of the amendment of section 5725.26
of the
Revised Code by Am. Sub. H.B. 405 of the 124th general
assembly.
Sec. 5733.55. (A) As used in this section:
(1) "9-1-1 system" has the same meaning as in section 4931.40 of the Revised Code.
(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges approved by the public utilities commission for the telephone network portion of a 9-1-1 system pursuant to section 4931.47 of the Revised Code.
(3) "Eligible nonrecurring 9-1-1 charges" means all nonrecurring 9-1-1 charges for a 9-1-1 system, except:
(a) Charges for a system that was not established pursuant to a plan adopted under section 4931.44 of the Revised Code or an agreement under section 4931.48 of the Revised Code;
(b) Charges for that part of a system established pursuant to such a plan or agreement that are excluded from the credit by division (C)(2) of section 4931.47 of the Revised Code.
(4) "Telephone company" has the same meaning as in section 5727.01 of the Revised Code.
(B) Beginning in tax year 2005, a telephone company shall be allowed a nonrefundable credit against the tax imposed by section 5733.06 of the Revised Code equal to the amount of its eligible nonrecurring 9-1-1 charges. The credit shall be claimed in the company's taxable year that covers the period in which the 9-1-1 service for which the credit is claimed becomes available for use. The credit shall be claimed in the order required by section 5733.98 of the Revised Code. If the credit exceeds the total taxes due under section 5733.06 of the Revised Code for the tax year, the commissioner shall credit the excess against taxes due under that section for succeeding tax years until the full amount of the credit is granted.
(C) After the last day a return, with any extensions, may be filed by any telephone company that is eligible to claim a credit under this section, the commissioner shall determine whether the sum of the credits allowed for all prior tax years plus the sum of the credits claimed for the current tax year exceeds fifteen million dollars. If it does, the credits allowed under this section for the current tax year shall be reduced by a uniform percentage such that the sum of the credits allowed for the current tax year do not exceed fifteen million dollars. Thereafter, no credit shall be granted under this section, except for the remaining portions of any credits allowed under division (B) of this section.
(D) A telephone company that is entitled to carry forward a credit against its public utility excise tax liability under section 5727.39 of the Revised Code is entitled to carry forward any amount of that credit remaining after its last public utility excise tax payment for the period of July 1, 2003, through June 30, 2004, and claim that amount as a credit against its corporation franchise tax liability under this section. Nothing in this section authorizes a telephone company to claim a credit under this section for any eligible nonrecurring 9-1-1 charges for which it has already claimed as a credit under section 5727.39 of the Revised Code.
Sec. 5733.56. Beginning in tax year 2005, a telephone company that provides any telephone service program to aid the communicatively impaired in accessing the telephone network under section 4905.79 of the Revised Code is allowed a nonrefundable credit against the tax imposed by section 5733.06 of the Revised Code. The amount of the credit is the cost incurred by the company for providing the telephone service program during its taxable year, excluding any costs incurred prior to July 1, 2004. If the tax commissioner determines that the credit claimed under this section by a telephone company was not correct, the commissioner shall determine the proper credit.
A telephone company shall claim the credit in the order required by section 5733.98 of the Revised Code. If the credit exceeds the total taxes due under section 5733.06 of the Revised Code for the tax year, the commissioner shall credit the excess against taxes due under that section for succeeding tax years until the full amount of the credit is granted. Nothing in this section authorizes a telephone company to claim a credit under this section for any costs incurred for providing a telephone service program for which it is claiming a credit under section 5727.44 of the Revised Code.
Sec. 5733.57. (A) As used in this section:
(1) "Small telephone company" means a telephone company with twenty-five thousand or fewer access lines as shown on the company's annual report filed under section 4905.14 of the Revised Code for the calendar year immediately preceding the tax year, and is an "incumbent local exchange carrier" under 47 U.S.C. 251(h).
(2) "Gross receipts tax amount" means the product obtained by multiplying four and three-fourths per cent by the amount of a small telephone company's taxable gross receipts, excluding the deduction of twenty-five thousand dollars, that the tax commissioner would have determined under section 5727.33 of the Revised Code for that small telephone company for the annual period ending on the thirtieth day of June of the calendar year immediately preceding the tax year, as that section applied in the measurement period from July 1, 2002, to June 30, 2003.
(3) "Applicable percentage" means one hundred per cent for tax year 2005; sixty-seven per cent for tax year 2006; thirty-four per cent for tax year 2007; and zero per cent for each subsequent tax year thereafter.
(4) "Applicable amount" means the amount resulting from subtracting the gross receipts tax amount from the tax imposed by sections 5733.06, 5733.065, and 5733.066 of the Revised Code for the tax year, without regard to any credits available to the small telephone company.
(B)(1) Except as provided in division (B)(2) of this section, beginning in tax year 2005, a small telephone company is hereby allowed a nonrefundable credit against the tax imposed by sections 5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the product obtained by multiplying the applicable percentage by the applicable amount. The credit shall be claimed in the order required by section 5733.98 of the Revised Code.
(2) If the applicable amount for a tax year is less than zero, a small telephone company shall not be allowed for that tax year the credit provided under this section.
Sec. 5733.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5733.06 of the
Revised Code
that is due under this chapter, a taxpayer
shall
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised
Code:
(1) The credit for taxes paid by a qualifying pass-through
entity allowed
under section 5733.0611 of the Revised Code;
(2) The credit allowed for financial institutions under
section 5733.45 of the Revised Code;
(3) The credit for qualifying affiliated groups under
section
5733.068 of the Revised Code;
(4) The subsidiary corporation credit under section
5733.067
of the Revised Code;
(5)(4) The savings and loan assessment credit under section
5733.063 of the Revised Code;
(6) The credit for recycling and litter prevention
donations
under section
5733.064 of the Revised Code;
(7) The credit for employers that enter into
agreements with
child day-care centers under section 5733.36 of the
Revised Code;
(8) The credit for employers that reimburse employee child
day-care
expenses under section 5733.38 of the Revised
Code;
(9) The credit for maintaining railroad active grade
crossing
warning
devices under section 5733.43 of the Revised
Code;
(10) The credit for purchases of lights and reflectors under
section
5733.44 of the Revised Code;
(11)(5) The job retention credit under division (B) of section
5733.0610 of the Revised Code;
(12)(6) The credit for
losses on loans made under the Ohio venture capital
program under sections 150.01 to 150.10 of th the Revised Code if the
taxpayer elected a nonrefundable credit under section 150.07 of
the Revised Code;
(13)(7) The credit for purchases of new manufacturing
machinery
and equipment under section 5733.31 or section 5733.311
of the
Revised Code;
(14)(8) The second credit for purchases of new
manufacturing
machinery and equipment under
section 5733.33 of the
Revised Code;
(15)(9) The job training credit under section 5733.42 of
the
Revised
Code;
(16)(10) The credit for qualified research expenses under
section 5733.351 of
the Revised Code;
(17) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(18)(11) The credit for the eligible costs associated with a
voluntary action under section 5733.34
of the Revised Code;
(19)(12) The credit for employers that establish on-site
child
day-care under section 5733.37 of the Revised
Code;
(20)(13)
The ethanol plant investment credit under section
5733.46 of the Revised Code;
(21) The credit for purchases of qualifying grape
production
property under section 5733.32 of the Revised Code;
(22)(14) The export sales credit under section 5733.069 of
the
Revised Code;
(23)(15) The credit for research and development and
technology
transfer investors under section 5733.35 of the Revised
Code;
(24) The enterprise zone credits under section 5709.65
of
the
Revised Code;
(25)(16) The credit for small telephone companies under section 5733.57 of the Revised Code;
(17) The credit for using Ohio coal under section
5733.39
of
the
Revised Code;
(26)(18) The credit for eligible nonrecurring 9-1-1 charges under section 5733.55 of the Revised Code;
(19) The credit for providing programs to aid the communicatively impaired under section 5733.56 of the Revised Code;
(20)
The refundable jobs creation credit under
division
(A)
of section
5733.0610 of the Revised Code;
(27)(21) The refundable credit for tax withheld under
division
(B)(2) of section 5747.062 of the Revised Code;
(28)(22) The credit for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a refundable credit under section 150.07 of the Revised Code.
(B) For any credit except the
credits enumerated
in divisions (A)(26)(20), (27)(21), and (28)(22) of this section, the amount of the
credit for a tax year shall not
exceed
the tax due after allowing
for any other credit that
precedes it
in the order required under
this section. Any excess
amount of a
particular credit may be
carried forward if authorized
under the
section creating that
credit.
Sec. 5735.05. (A) To provide revenue for maintaining the
state highway system; to widen existing surfaces on such
highways; to resurface such highways; to pay that portion of the
construction cost of a highway project which a county, township,
or municipal corporation normally would be required to pay, but
which the director of transportation, pursuant to division (B) of
section 5531.08 of the Revised Code, determines instead will be
paid from moneys in the highway operating fund; to enable the
counties of the state properly to plan, maintain, and repair
their roads and to pay principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code for highway improvements; to enable the municipal
corporations to plan, construct, reconstruct, repave, widen,
maintain, repair, clear, and clean public highways, roads, and
streets, and to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code for highway improvements; to enable the Ohio
turnpike commission to construct, reconstruct, maintain, and
repair turnpike projects; to maintain and repair bridges and
viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay the costs apportioned to the public
under sections 4907.47 and 4907.471 of the Revised Code and to
supplement revenue already available for such purposes; to pay
the costs incurred by the public utilities commission in
administering sections 4907.47 to 4907.476 of the Revised Code;
to distribute equitably among those persons using the privilege
of driving motor vehicles upon such highways and streets the cost
of maintaining and repairing them; to pay the interest,
principal, and charges on highway capital improvements bonds and other
obligations issued
pursuant to Section 2m of Article VIII, Ohio Constitution,
and section 151.06 of the Revised Code; to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code; and to provide
revenue for the purposes of sections 1547.71 to 1547.78 of the
Revised Code; and to pay the expenses of the department of taxation incident to the administration of the motor fuel laws, a motor fuel excise tax is hereby imposed on
all motor fuel dealers upon receipt of motor fuel within
this state at the rate of two cents plus
the cents per gallon rate on each gallon so received, to be computed in
the manner set forth in section 5735.06
of the Revised Code; provided that no tax is hereby imposed upon
the following transactions:
(1) The sale of dyed diesel fuel
by a licensed motor fuel dealer from a location other than a
retail service station provided the licensed motor fuel dealer
places on the face of the delivery document or invoice, or both
if both are used, a conspicuous notice stating that the fuel is
dyed and is not for taxable use, and that taxable use of that
fuel is subject to a penalty. The tax commissioner, by rule,
may provide that any notice conforming to rules or regulations
issued by the United States department of the
treasury or the Internal Revenue Service is sufficient notice
for the purposes of division (A)(1) of this section.
(2) The sale of K-1 kerosene to a retail service
station, except when placed directly in the fuel supply tank of a motor
vehicle. Such sale shall be rebuttably presumed to not be distributed or sold
for use or used to generate power for the operation of motor vehicles upon the
public highways or upon the waters within the boundaries of this
state.
(3) The sale of motor fuel by a licensed motor
fuel dealer to another licensed motor fuel dealer;
(4) The exportation of
motor
fuel by a licensed motor fuel dealer from
this state to any other state or foreign
country;
(5) The sale of motor fuel to the United
States
government or any of its agencies, except such tax as is
permitted by it, where such sale is evidenced by an exemption
certificate, in a form approved by the tax commissioner, executed
by the United States government or an agency thereof certifying
that the motor fuel therein identified has been purchased
for the exclusive use of the United States government or its
agency;
(6) The sale of motor fuel which that is in the
process
of transportation in foreign or interstate commerce, except in so
far insofar as it may be taxable under the
Constitution and statutes of
the United States, and except as may be agreed upon in writing by
the dealer and the commissioner;
(7) The sale of motor fuel when sold
exclusively
for use in the operation of aircraft, where such sale
is
evidenced by an exemption certificate prescribed by the
commissioner and executed by the purchaser certifying that the
motor fuel purchased has been purchased for exclusive use
in the operation of aircraft;
(8) The sale for exportation of motor fuel by a licensed motor
fuel dealer to a licensed exporter type A;
(9) The sale for exportation of motor fuel by a licensed motor fuel dealer
to a licensed exporter type B, provided that the destination state
motor fuel tax has been paid or will be accrued and paid by the licensed motor
fuel dealer.
(10) The sale to a consumer of diesel fuel, by a motor fuel
dealer for delivery from a bulk lot vehicle, for consumption in operating a
vessel when the use of such fuel in a vessel would otherwise qualify for a
refund under section 5735.14 of the Revised Code.
Division (A)(1) of this section does not apply to the
sale or distribution of dyed diesel fuel used to operate a motor
vehicle on the public highways or upon water within the
boundaries of this state by persons permitted under regulations
of the United States department of the treasury or
of the Internal Revenue Service to so use dyed diesel fuel.
(B) The two cent motor fuel tax levied by this section
is also
for the purpose of paying the expenses of administering and
enforcing the state law relating to the registration and
operation of motor vehicles.
(C) After the tax provided for by this section on the receipt of any motor
fuel has
been paid by
the motor fuel dealer, the motor fuel may thereafter be
used, sold,
or resold by any person having lawful title to it, without
incurring liability for such tax.
If a licensed motor fuel dealer sells motor fuel
received by
the licensed
motor fuel dealer to another
licensed motor fuel dealer, the seller may deduct on the report
required by
section 5735.06 of the Revised Code the number of gallons so sold
for the month within which the motor fuel was sold or
delivered. In this event the number of gallons is deemed to have
been received by the purchaser, who shall report and pay the tax
imposed thereon.
Sec. 5735.053. There is hereby created in the state treasury the motor fuel tax administration fund for the purpose of paying the expenses of the department of taxation incident to the administration of the motor fuel laws. After the treasurer of state credits the tax refund fund out of tax receipts as required by sections 5735.23, 5735.26, 5735.291, and 5735.30 of the Revised Code, the treasurer of state shall transfer to the motor fuel tax administration fund two hundred seventy-five one-thousandths per cent of the receipts from the taxes levied by sections 5735.05, 5735.25, 5735.29, and 5735.30 of the Revised Code.
Sec. 5735.14. (A) Any person who uses any motor fuel,
on which
the tax imposed by this
chapter
has been paid, for the purpose of
operating
stationary gas engines, tractors not used on public
highways,
unlicensed motor vehicles used exclusively in intraplant
operations, vessels when used in trade, including vessels when
used in connection with an activity
that constitutes a
person's
chief business or means of livelihood or any other vessel
used
entirely for commercial purposes, vessels used for commercial
fishing, vessels used by the sea scout department of the boy
scouts of America chiefly for training scouts in seamanship,
vessels used or owned by any railroad company, railroad car ferry
company, the United States, this state, or any political
subdivision of this state, or aircraft, or who uses any such fuel
upon which such tax has been paid, for cleaning or for dyeing, or
any purpose other than the operation of motor
vehicles upon
highways or upon waters within the boundaries of this state,
shall
be reimbursed in the amount of the tax so paid on such
motor fuel
as provided in this section; provided, that
any person purchasing
motor fuel in this state on which
taxes levied under Title LVII of
the Revised Code have been paid
shall be reimbursed for such taxes
paid in this state on such
fuel used by that person in another
state on which a tax is
paid for such
usage, except such tax used
as a credit against the tax levied by
section 5728.06 of the
Revised Code. A person shall not be reimbursed for
taxes paid on
fuel that is used while a motor vehicle is idling or used to
provide comfort or safety in the operation of a motor vehicle.
Sales of motor fuel, on which the tax imposed by this chapter has
been paid, from one person to another do not constitute use of
the
fuel and are not subject to a refund under this section.
Such (B) Any person who uses in this state any motor fuel with water intentionally added to the fuel, on which the taxes imposed by this chapter or Chapter 5728. of the Revised Code have been paid, shall be reimbursed in the amount of the taxes so paid on ninety-five per cent of the water. This division applies only to motor fuel that contains at least nine per cent water, by volume.
(C) A person claiming reimbursement under this section shall file with the tax commissioner an
application for refund within one year from
the
date of purchase,
stating the quantity of fuel used for the refundable purposes
other than the
operation of motor vehicles in division (A) or (B) of this section, except
that no
person shall file a
claim for the tax on fewer than one hundred
gallons of motor fuel. An application for refund filed for the purpose of division (B) of this section also shall state the quantity of water intentionally added to the motor fuel. No person shall claim reimbursement under that division on fewer than one hundred gallons of water.
The application shall be
accompanied by the statement
described
in
section 5735.15 of the
Revised Code showing such
purchase,
together with evidence of
payment thereof.
(D) After consideration of
the application and
statement,
the
commissioner shall determine
the amount of refund
to
which the
applicant is entitled.
If the amount is not less than
that
claimed, the commissioner
shall
certify
the amount to
the
director
of budget and
management
and
treasurer of state for
payment from
the tax refund
fund
created by
section 5703.052 of
the Revised
Code.
If the amount is less than that claimed, the
commissioner shall proceed in accordance with section 5703.70 of
the Revised Code.
No refund
shall
be
authorized or paid under this section on
a
single claim
for tax
on
fewer than one hundred gallons of motor
fuel. And, when water has been intentionally added to fuel, no refund shall be authorized or paid under this section on a single claim for tax on fewer than one hundred gallons of water.
The commissioner
may require that the application be
supported by
the affidavit of
the claimant.
The refund authorized
by this
section
or section 5703.70 of
the Revised Code shall be reduced by the cents per gallon amount
of
any
qualified fuel credit received under section 5735.145 of
the
Revised Code, as determined by the commissioner, for each
gallon
of qualified fuel included in the total gallonage of motor
fuel
upon which the refund is computed.
(E) The right to receive any refund under this section
or section
5703.70 of the Revised Code is not
assignable. The payment of
this refund shall not be made to any
person other than the person
originally entitled thereto who used
the motor fuel upon which the
claim for refund is based,
except
that such refunds, when allowed
and certified as provided
in this
section, may be paid to the
executor, the administrator,
the
receiver, the trustee in
bankruptcy, or the assignee in
insolvency
proceedings of such
person.
Sec. 5735.15. When motor fuel is sold to a person
who claims to be entitled to a refund under section 5735.14 or
5735.142 of the Revised Code, the seller of such motor
fuel shall make out in duplicate on forms prescribed and supplied
by the tax commissioner, which forms shall have printed thereon provide to the person documentation
that indicates that the liability to the state for the excise tax imposed under
the motor fuel laws of this state on such motor
fuel has been assumed by the seller, and that said excise tax has
already been paid or will be paid by the seller when the same
becomes payable, a statement setting. The documentation also shall set forth the name and address
of the purchaser, the number of gallons of motor fuel
sold, the price paid for or the price per gallon of the motor fuel sold, the proposed use for which such motor fuel is
purchased, and such other information as the commissioner
requires. When motor fuel is sold to a person who claims to be entitled to reimbursement under division (B) of section 5735.14 of the Revised Code, the documentation also shall state the number of gallons of water intentionally added to the motor fuel. The original of such statement documentation shall be given to the
purchaser, and the duplicate a copy shall be retained by the seller.
Sec. 5735.19. (A) The tax commissioner may examine, during the
usual business hours of the day, the records, books, and papers invoices, storage tanks, and any other equipment
of any motor fuel dealer, retail dealer, exporter, terminal operator,
purchaser, or common carrier pertaining to motor
fuel received, sold, shipped, or delivered, to determine whether the taxes imposed by this chapter have been paid and to verify the
truth and accuracy of any statement, report, or return. The
(B) The tax
commissioner may, in the enforcement of the motor fuel
laws of this state, hold hearings, take the testimony of any
person, issue subpoenas and compel the attendance of witnesses,
and conduct such investigations as the commissioner deems necessary,
but no
person shall disclose the information acquired by the
commissioner under this section, except when required to do so in
court. Such information or evidence is not privileged when used
by the state or any officer thereof in any proceeding for the
collection of the tax, or any prosecution for violation of the
motor fuel laws.
(C) The commissioner may prescribe all forms upon which reports
shall be made to the commissioner, forms for claims for refund
presented to the commissioner, or forms of records to be used by
motor fuel dealers.
(D)(1) As used in this division, "designated inspection site" means any state highway inspection station, weigh station, mobile station, or other similar location designated by the tax commissioner to be used as a fuel inspection site.
(2) An employee of the department of taxation that is so authorized by the tax commissioner may physically inspect, examine, or otherwise search any tank, reservoir, or other container that can or may be used for the production, storage, or transportation of fuel, fuel dyes, or fuel markers, and books and records, if any, that are maintained at the place of inspection and are kept to determine tax liability under this chapter. Inspections may be performed at any place at which motor fuel is or may be produced or stored, or at any designated inspection site.
(3) An employee of the department of taxation who has been delegated investigation powers by the commissioner under section 5703.58 of the Revised Code may detain any motor vehicle, train, barge, ship, or vessel for the purpose of inspecting its fuel tanks and storage tanks. Detainment shall be on the premises under inspection or at a designated inspection site. Detainment may continue for a reasonable period of time as is necessary to determine the amount and composition of the fuel.
(4) Any employee described in division (D)(2) or (3) of this section may take and remove samples of fuel in quantities as are reasonably necessary to determine the composition of the fuel.
(5) No person shall refuse to allow an inspection under division (D) of this section. Any person who refuses to allow an inspection shall be subject to revocation or cancellation of any license or permit issued under Chapter 5728. or 5735. of the Revised Code.
Sec. 5735.23. (A) Out of receipts from the tax levied by
section 5735.05 of the Revised Code, the treasurer of state shall
place to the credit of the tax refund fund established by section
5703.052 of the Revised Code amounts equal to the refunds
certified by the tax commissioner pursuant to sections 5735.13,
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised
Code. The treasurer of state shall then transfer the amount
required by section
5735.051 of the Revised Code to the waterways safety fund and, the
amount required by section 4907.472 of the Revised Code to the
grade crossing protection fund, and the amount required by section 5735.053 of the Revised Code to the motor fuel tax administration fund.
(B) Except as provided in division (D) of this
section, each month the balance of the receipts from the tax
levied by section 5735.05 of the Revised Code shall be credited,
after receipt by the treasurer of state of
certification from
the commissioners of the sinking fund, as required by
section 5528.35 of the Revised Code,
that
there are sufficient moneys to the credit of the highway
obligations bond retirement fund to meet in full all payments of
interest, principal, and charges for the retirement of highway
obligations issued pursuant to Section 2i of Article VIII, Ohio
Constitution, and sections 5528.30 and 5528.31 of the Revised
Code due and payable during the current calendar year, as
follows:
(1) To the state and local government highway distribution
fund, which is hereby created in the state treasury, an amount
that is the same percentage of the balance to be credited as that
portion of the tax per gallon determined under division (B)(2)(a)
of section 5735.06 of the Revised Code is of the total tax per
gallon determined under divisions (B)(2)(a) and (b) of that
section.
(2) After making the distribution to the state and local
government highway distribution fund, the remainder shall be
credited as follows:
(a) Thirty per cent to the gasoline excise tax fund for
distribution pursuant to division (A)(1) of section 5735.27 of
the Revised Code;
(b) Twenty-five per cent to the gasoline excise tax fund
for distribution pursuant to division (A)(3) of section 5735.27
of the Revised Code;
(c) Except as provided in division (D) of this
section, forty-five per cent to the highway operating fund for
distribution pursuant to division (B)(1) of section 5735.27 of
the Revised Code.
(C) From the balance in the state and local government
highway distribution fund on the last day of each month there
shall be paid the following amounts:
(1) To the local transportation improvement program fund
created by section 164.14 of the Revised Code, an amount equal to
a fraction of the balance in the state and local government
highway distribution fund, the numerator of which fraction is one
and the denominator of which fraction is that portion of the tax
per gallon determined under division (B)(2)(a) of section 5735.06
of the Revised Code;
(2) An amount equal to five cents multiplied by the number
of gallons of motor fuel sold at stations operated by the
Ohio turnpike commission, such gallonage to be certified by the
commission to the treasurer of state not later than the last day
of the month following. The funds paid to the commission
pursuant to this section shall be expended for the construction,
reconstruction, maintenance, and repair of turnpike projects,
except that the funds may not be expended for the construction of
new interchanges. The funds also may be expended for the
construction, reconstruction, maintenance, and repair of those
portions of connecting public roads that serve existing
interchanges and are determined by the commission and the
director of transportation to be necessary for the safe merging
of traffic between the turnpike and those public roads.
The remainder of the balance shall be distributed as
follows on the fifteenth day of the following month:
(a) Ten and seven-tenths per cent shall be paid to
municipal corporations for distribution pursuant to division
(A)(1) of section 5735.27 of the Revised Code and may be used for
any purpose for which payments received under that division may
be used.
(b) Five per cent shall be paid to townships for
distribution pursuant to division (A)(5) of section 5735.27 of
the Revised Code and may be used for any purpose for which
payments received under that division may be used.
(c) Nine and three-tenths per cent shall be paid to
counties for distribution pursuant to division (A)(3) of section
5735.27 of the Revised Code and may be used for any purpose for
which payments received under that division may be used.
(d) Except as provided in division (D) of this
section, the balance shall be transferred to the highway
operating fund and used for the purposes set forth in division
(B)(1) of section 5735.27 of the Revised Code.
(D) Beginning on the first day of September each fiscal year, any amounts
required to be
credited or
transferred to the highway operating fund pursuant to division
(B)(2)(c) or (C)(2)(d) of this
section shall be credited or transferred to the highway capital
improvement
bond service fund created in section 151.06 of the
Revised Code, until such time as the office of budget and management
receives certification from the treasurer of state or the treasurer of state's
designee that sufficient money has been credited
or transferred to the bond service fund to meet in full all
payments of debt service and financing costs due during the fiscal
year from that fund.
Sec. 5735.26. The treasurer of state shall place to the
credit of the tax refund fund created by section 5703.052 of the
Revised Code, out of receipts from the tax levied by section
5735.25 of the Revised Code, amounts equal to the refunds
certified by the tax commissioner pursuant to sections 5735.142
and 5735.25 of the Revised Code, which shall be paid from such
fund. Receipts from the tax shall be used by the tax
commissioner for the maintenance and administration of the motor
fuel laws. The treasurer of state shall then transfer the
amount required by section 5735.051 of the Revised Code to the
waterways safety fund and the amount required by section 5735.053 of the Revised Code to the motor fuel tax administration fund.
The balance of taxes collected under section 5735.25 of the
Revised Code shall be credited as follows, after the credits to
the tax refund fund, and after deduction of the cost of
administration of the motor fuel laws, and after the
transfer transfers to the waterways safety fund and motor fuel tax administration fund, and after receipt by the
treasurer of state of certifications from the commissioners of
the sinking fund certifying, as required by sections 5528.15 and
5528.35 of the Revised Code, there are sufficient moneys to the
credit of the highway improvement bond retirement fund to meet in
full all payments of interest, principal, and charges for the
retirement of bonds and other obligations issued pursuant to
Section 2g of Article VIII, Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised Code due and payable during
the current calendar year, and that there are sufficient moneys
to the credit of the highway obligations bond retirement fund to
meet in full all payments of interest, principal, and charges for
the retirement of highway obligations issued pursuant to Section
2i of Article VIII, Ohio Constitution, and sections 5528.30 and
5528.31 of the Revised Code due and payable during the current
calendar year:
(A) Sixty-seven and one-half per cent to the highway
operating fund for distribution pursuant to division (B)(2) of
section 5735.27 of the Revised Code;
(B) Seven and one-half per cent to the gasoline excise tax
fund for distribution pursuant to division (A)(2) of such
section;
(C) Seven and one-half per cent to the gasoline excise tax
fund for distribution pursuant to division (A)(4) of such
section;
(D) Seventeen and one-half per cent to the gasoline excise
tax fund for distribution pursuant to division (A)(5) of such
section.
Sec. 5735.291. The treasurer of state shall place to the
credit of the tax refund fund created by section 5703.052 of the
Revised Code, out of receipts from the tax levied by section
5735.29 of the Revised Code, amounts equal to the refunds
certified by the tax commissioner pursuant to sections 5735.142
and 5735.29 of the Revised Code. The refunds provided for by
sections 5735.142 and 5735.29 of the Revised Code shall be paid
from such fund. The treasurer of state shall then transfer the amount
required by section 5735.051 of the Revised Code to the waterways
safety fund and the amount required by section 5735.053 of the Revised Code to the motor fuel tax administration fund. The
The balance of taxes collected under section
5735.29 of the Revised Code after the credits to the tax refund
fund, and after the transfer transfers to the waterways safety fund and the motor fuel tax administration fund, and
after receipt by the treasurer of state of certifications from
the commissioners of the sinking fund certifying, as required by
sections 5528.15 and 5528.35 of the Revised Code, that there are
sufficient moneys to the credit of the highway improvement bond
retirement fund created by section 5528.12 of the Revised Code to
meet in full all payments of interest, principal, and charges for
the retirement of bonds and other obligations issued pursuant to
Section 2g of Article VIII, Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised Code due and payable during
the current calendar year, and that there are sufficient moneys
to the credit of the highway obligations bond retirement fund
created by section 5528.32 of the Revised Code to meet in full
all payments of interest, principal, and charges for the
retirement of highway obligations issued pursuant to Section 2i
of Article VIII, Ohio Constitution, and sections 5528.30 and
5528.31 of the Revised Code due and payable during the current
calendar year, shall be credited to the highway operating fund,
which is hereby created in the state treasury and shall be used
solely for the purposes enumerated in section 5735.29 of the
Revised Code. All investment earnings of the fund shall be
credited to the fund.
Sec. 5735.30. (A) For the purpose of providing funds to pay
the state's share of the cost of constructing and reconstructing
highways and eliminating railway grade crossings on the major
thoroughfares of the state highway system and urban extensions
thereof, to pay that portion of the construction cost of a
highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund, to pay the interest,
principal, and charges on bonds and other obligations issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code, to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code, and to provide
revenues for the purposes of sections 1547.71 to 1547.78 of the
Revised Code, and to pay the expenses of the department of taxation incident to the administration of the motor fuel laws, a motor fuel excise tax is hereby
imposed on all motor fuel dealers upon their receipt of motor fuel
within
the state, at the rate of one cent
on each gallon so received, to be
reported,
computed, paid, collected, administered, enforced, refunded, and
subject to the same exemptions and penalties as provided in this chapter of
the
Revised Code.
The tax imposed by this section shall be in addition to the
tax imposed by sections 5735.05, 5735.25, and 5735.29 of the
Revised Code.
(B) The treasurer of state shall place to the credit of the tax
refund fund created by section 5703.052 of the Revised Code, out
of receipts from the tax levied by this section, amounts equal to
the refunds certified by the tax commissioner pursuant to this
section. The refund provided for by the first paragraph division (A) of this
section shall be paid from such fund. The treasurer shall
then transfer the
amount required by section 5735.051 of the Revised Code to the
waterways safety fund and the amount required by section 5735.053 of the Revised Code to the motor fuel tax administration fund. The balance of taxes for which the
liability has become fixed prior to July 1, 1955, under this
section, after the credit to the tax refund fund, shall be
credited to the highway operating fund.
(C)(1) The moneys derived from the tax levied by this section,
after the credit to the tax refund fund and the waterways safety fund
as provided and transfers required by division (B) of this section, shall, during each calendar year, be
credited to the highway improvement bond retirement fund created
by section 5528.12 of the Revised Code, until the commissioners of
the sinking fund certify to the treasurer of state, as required
by section 5528.17 of the Revised Code, that there are sufficient
moneys to the credit of the highway improvement bond retirement
fund to meet in full all payments of interest, principal, and
charges for the retirement of bonds and other obligations issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code due and payable
during the current calendar year and during the next succeeding
calendar year. From the date of the receipt of the certification
required by section 5528.17 of the Revised Code by the treasurer
of state until the thirty-first day of December of the calendar
year in which such certification is made, all moneys received in
the state treasury from the tax levied by this section, after
the credit to the tax refund fund and the waterways safety fund as
provided and transfers required by division (B) of this section, shall be credited to the highway
obligations bond retirement fund created by section 5528.32 of
the Revised Code, until the commissioners of the sinking fund
certify to the treasurer of state, as required by section 5528.38
of the Revised Code, that there are sufficient moneys to the
credit of the highway obligations bond retirement fund to meet in
full all payments of interest, principal, and charges for the
retirement of obligations issued pursuant to Section 2i of
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31
of the Revised Code due and payable during the current calendar
year and during the next succeeding calendar year. From
(2) From the date
of the receipt of the certification required by section 5528.38
of the Revised Code by the treasurer of state until the
thirty-first day of December of the calendar year in which such
certification is made, all moneys received in the state treasury
from the tax levied by this section, after the credit to the tax
refund fund and the waterways safety fund as provided and transfers required by division (B) of this
section, shall be credited to the highway operating fund, except
as provided in the next succeeding paragraph division (C)(3) of this section.
(3) From the date of the receipt by the treasurer of state of
certifications from the commissioners of the sinking fund, as
required by sections 5528.18 and 5528.39 of the Revised Code,
certifying that the moneys to the credit of the highway
improvement bond retirement fund are sufficient to meet in full
all payments of interest, principal, and charges for the
retirement of all bonds and other obligations which may be issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code, and to the
credit of the highway obligations bond retirement fund are
sufficient to meet in full all payments of interest, principal,
and charges for the retirement of all obligations issued pursuant
to Section 2i of Article VIII, Ohio Constitution, and sections
5528.30 and 5528.31 of the Revised Code, the moneys derived from
the tax levied by this section, after the credit to the tax refund
fund and the waterways safety fund as provided and transfers required by division (B) of this section,
shall be credited to the highway operating fund.
Sec. 5735.99. (A) Whoever violates division
(F) of section 5735.02, division (D) of section 5735.021,
division (B) of section 5735.063, division (B) of section
5735.064, or division (A)(2) of section 5735.20 of the
Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates division (E) of section 5735.06 of the Revised Code is
guilty of a felony of the fourth degree.
(C) Whoever violates section 5735.025 or division (A)(1)
of section 5735.20 of the Revised Code is guilty
of a misdemeanor of the first degree, if the tax owed or the
fraudulent refund received is not greater than five hundred
dollars. If the tax owed or the fraudulent refund received is
greater than five hundred dollars but not greater than ten
thousand dollars, the offender is guilty of a felony of the
fourth degree; for each subsequent offense when the tax owed or
the fraudulent refund received is greater than five hundred
dollars but not greater than ten thousand dollars, the offender
is guilty of a felony of the third degree. If the tax owed or the fraudulent
refund received is greater than ten thousand dollars, the offender is guilty
of a felony of the second degree.
(D) Whoever violates a provision of this chapter for which a
penalty is not otherwise prescribed under this section is guilty
of a misdemeanor of the fourth degree.
(E) Whoever violates division (D)(5) of section 5735.19 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 5739.01. As used in this chapter:
(A) "Person" includes individuals, receivers, assignees,
trustees in bankruptcy, estates, firms, partnerships,
associations, joint-stock companies, joint ventures, clubs,
societies, corporations, limited liability partnerships, limited liability companies, the state and its political
subdivisions,
and combinations of individuals of any form.
(B) "Sale" and "selling" include all of the following
transactions for a consideration in any manner, whether
absolutely
or conditionally, whether for a price or rental, in
money or by
exchange, and by any means whatsoever:
(1) All transactions by which title or possession, or
both,
of tangible personal property, is or is to be transferred,
or a
license to use or consume tangible personal property is or
is to
be granted;
(2) All transactions by which lodging by a hotel is or is
to
be furnished to transient guests;
(3) All transactions by which:
(a) An item of tangible personal property is or is to be
repaired, except property, the purchase of which would not be
subject to the tax imposed by section 5739.02 of the Revised Code;
(b) An item of tangible personal property is or is to be
installed, except property, the purchase of which would not be
subject to the tax imposed by section 5739.02 of the Revised Code
or
property that is or is to be incorporated into and will become
a
part of a production, transmission, transportation, or
distribution system for the delivery of a public utility service;
(c) The service of washing, cleaning, waxing, polishing,
or
painting a motor vehicle is or is to be furnished;
(d) Industrial laundry Laundry and dry cleaning services are or are to be
provided;
(e) Automatic data processing, computer services, or
electronic information services are or are to be provided for use
in business when the true object of the transaction is the
receipt
by the consumer of automatic data processing, computer
services,
or electronic information services rather than the
receipt of
personal or professional services to which automatic
data
processing, computer services, or electronic information
services
are incidental or supplemental. Notwithstanding any
other
provision of this chapter, such transactions that occur
between
members of an affiliated group are not sales. An
"affiliated group"
means two or more persons related in such a way
that one person
owns or controls the business operation of
another member of the
group. In the case of corporations with
stock, one corporation
owns or controls another if it owns more
than fifty per cent of
the other corporation's common stock with
voting rights.
(f) Telecommunications service, other than mobile
telecommunications service after July 31, 2002, is or is to be
provided
that
originates
or terminates in this state and is
charged in the
records of the
telecommunications service vendor to
the consumer's
telephone
number or account in this state, or that
both originates
and
terminates in this state; but does not include
transactions by
which
telecommunications service is paid for by
using a prepaid
authorization number
or prepaid telephone calling
card, or by
which local
telecommunications service is obtained
from a
coin-operated
telephone and paid for by using coin;
(g) Landscaping and lawn care service is or is to be
provided;
(h) Private investigation and security service is or is to
be provided;
(i) Information services or tangible personal property is
provided or ordered by means of a nine hundred telephone call;
(j) Building maintenance and janitorial service is or is
to
be provided;
(k) Employment service is or is to be provided;
(l) Employment placement service is or is to be provided;
(m) Exterminating service is or is to be provided;
(n) Physical fitness facility service is or is to be
provided;
(o) Recreation and sports club service is or is to be
provided.;
(p) After July 31, 2002, mobile telecommunications service is
or is to be provided
in
this state when that service is sitused to
this state pursuant to the "Mobile
Telecommunications Sourcing
Act,"
P. Pub. L. No. 106-252, 114
Stat. 626
to 632 (2000), 4
U.S.C.A. 116 to 126, as amended;
(q) Cable and satellite television service is or is to be provided;
(r) Personal care service is or is to be provided to an individual. As used in this division, "personal care service" includes skin care, the application of cosmetics, manicuring, pedicuring, hair removal, tattooing, body piercing, tanning, massage, and other similar services. "Personal care service" does not include a service provided by a physician, or the cutting, coloring, or styling of an individual's hair.
(s) Beginning July 1, 2003, the transportation of persons or property by a water transportation company, as defined in section 5727.01 of the Revised Code, is or is to be provided;
(t) The transportation of persons by motor vehicle or aircraft is or is to be provided, when the point of origin and the point of termination are both within this state, except for transportation provided by a transit bus, as defined in section 5735.01 of the Revised Code, and transportation provided by a citizen of the United States holding a certificate of public convenience and necessity issued under 49 U.S.C. 41102;
(u) Public relations or lobbying service is or is to be provided. As used in this division, "lobbying service" means the services performed by a legislative agent required to be registered under section 101.72 of the Revised Code, or an executive agency lobbyist required to be registered under section 121.62 of the Revised Code.
(v) Real estate service is or is to be provided. As used in this division, "real estate service" means all services related to the buying, selling, or management of real estate, including real estate brokerage, real property inspection or appraisal, title searching, and property management. "Real estate service" does not include mortgage lending, the provision of title insurance, or any service that constitutes the practice of law. As used in this division, "property management" means the service of managing commercial, industrial, or residential property to maintain its condition and value for the property owner, and includes showing property to potential renters, collecting rents, and providing similar services to generate revenue from the property for the owner. "Property management" does not include facility management, as defined in division (D)(3) of this section.
(w) Debt collection service is or is to be provided. As used in this division, "debt collection" means the use of any instrumentality of interstate commerce or the mails in the business of collecting, directly or indirectly, any debts owed or due, or asserted to be owed or due, another. "Debt collection service" does not include any service that constitutes the practice of law.
(x) Interior design service or exterior design service is or is to be provided. As used in this division, "interior design service" means providing aesthetic services associated with interior spaces, and includes the planning, designing, and administering of projects in interior spaces to meet the physical and aesthetic needs of individuals using them, taking into consideration building codes, health and safety regulations, traffic patterns and floor planning, mechanical and electrical needs, and interior fittings and furniture. As used in this division, "exterior design service" means providing aesthetic services associated with exterior spaces, and includes the planning, designing, and administering of projects involving land or buildings, to meet the physical and aesthetic needs of individuals using them.
(4) All transactions by which printed, imprinted,
overprinted, lithographic, multilithic, blueprinted, photostatic,
or other productions or reproductions of written or graphic
matter
are or are to be furnished or transferred;
(5) The production or fabrication of tangible personal
property for a consideration for consumers who furnish either
directly or indirectly the materials used in the production of
fabrication work; and include the furnishing, preparing, or
serving for a consideration of any tangible personal property
consumed on the premises of the person furnishing, preparing, or
serving such tangible personal property. Except as provided in
section 5739.03 of the Revised Code, a construction contract
pursuant to which tangible personal property is or is to be
incorporated into a structure or improvement on and becoming a
part of real property is not a sale of such tangible personal
property. The construction contractor is the consumer of such
tangible personal property, provided that the sale and
installation of carpeting, the sale and installation of
agricultural land tile, the sale and erection or installation of
portable grain bins, or the provision of landscaping and lawn
care
service and the transfer of property as part of such service
is
never a construction contract. The transfer of copyrighted
motion
picture films for exhibition purposes is not a sale,
except such
films as are used solely for advertising purposes.
Other than as
provided in this section, "sale" and "selling" do
not include
transfers of interest in leased property where the original lessee
and the terms of the original lease agreement remain unchanged, or
professional, insurance, or personal service
transactions
that
involve the transfer of tangible personal
property as an
inconsequential element, for which no separate
charges are made.
As used in division (B)(5) of this section:
(a) "Agricultural land tile" means fired clay or concrete
tile, or flexible or rigid perforated plastic pipe or tubing,
incorporated or to be incorporated into a subsurface drainage
system appurtenant to land used or to be used directly in
production by farming, agriculture, horticulture, or
floriculture.
The term does not include such materials when they
are or are to
be incorporated into a drainage system appurtenant
to a building
or structure even if the building or structure is
used or to be
used in such production.
(b) "Portable grain bin" means a structure that is used or
to be used by a person engaged in farming or agriculture to
shelter the person's grain and that is designed to be
disassembled
without significant damage to its component parts.
(6) All transactions in which all of the shares of stock
of
a closely held corporation or all of the ownership interests in a limited liability company are transferred, if the corporation
or limited liability company is
not engaging in business and all or substantially all of its entire assets consist of
boats,
planes, motor vehicles, or other tangible personal
property
operated primarily for the use and enjoyment of the
shareholders;
(7) All transactions in which a warranty, maintenance or
service contract, or similar agreement by which the vendor of the
warranty, contract, or agreement agrees to repair or maintain the
tangible personal property of the consumer is or is to be
provided;
(8) All transactions by which a prepaid authorization number
or a prepaid telephone calling card is or is to be
transferred;
(9) All transactions by which a motor vehicle is or is to be parked, or by which license to park it, in a space, lot, or garage is or is to be provided;
(10) All transactions by which tangible personal property is or is to be stored, except such property that the consumer of the storage holds for sale in the regular course of business;
(11) All transactions by which admission is or is to be granted to a theater, auditorium, arena, stadium, or similar facility to view a motion picture or attend a professional sporting event, concert, theatrical production, circus, or other entertainment event where the athletes or performers receive compensation that qualifies as taxable income under the Internal Revenue Code for their performances;
(12) All transactions by which admission to a zoo, amusement park, museum, or similar place of amusement is or is to be granted.
Except as provided in this section, "sale" and "selling" do not include transfers of interest in leased property where the original lessee and the terms of the original lease agreement remain unchanged, or professional, insurance, or personal service transactions that involve the transfer of tangible personal property as an inconsequential element, for which no separate charges are made.
(C) "Vendor" means the person providing the service or by
whom the transfer effected or license given by a sale is or is to
be made or given and, for sales described in division (B)(3)(i)
of
this section, the telecommunications service vendor that
provides
the nine hundred telephone service; if two or more
persons are
engaged in business at the same place of business
under a single
trade name in which all collections on account of
sales by each
are made, such persons shall constitute a single
vendor.
Physicians, dentists, hospitals, and veterinarians who are
engaged in selling tangible personal property as received from
others, such as eyeglasses, mouthwashes, dentifrices, or similar
articles, are vendors. Veterinarians who are engaged in
transferring to others for a consideration drugs, the dispensing
of which does not require an order of a licensed veterinarian or
physician under federal law, are vendors.
(D)(1) "Consumer" means the person for whom the service is
provided, to whom the transfer effected or license given by a
sale
is or is to be made or given, to whom the service described
in
division (B)(3)(f) or (i) of this section is charged, or to
whom
the admission is granted.
(2) Physicians, dentists, hospitals, and blood banks
operated by nonprofit institutions and persons licensed to
practice veterinary medicine, surgery, and dentistry are
consumers
of all tangible personal property and services
purchased by them
in connection with the practice of medicine,
dentistry, the
rendition of hospital or blood bank service, or
the practice of
veterinary medicine, surgery, and dentistry. In
addition to being
consumers of drugs administered by them or by
their assistants
according to their direction, veterinarians also
are consumers of
drugs that under federal law may be dispensed
only by or upon the
order of a licensed veterinarian or
physician, when transferred by
them to others for a consideration
to provide treatment to animals
as directed by the veterinarian.
(3) A person who performs a facility management, or
similar
service contract for a contractee is a consumer of all
tangible
personal property and services purchased for use in
connection
with the performance of such contract, regardless of
whether title
to any such property vests in the contractee. The
purchase of
such property and services is not subject to the
exception for
resale under division (E)(1) of this section. As used in this division, "facility management" means the management of the operations of a commercial, industrial, or governmental facility under a contract or subcontract with the owner of the facility or a contractor of the owner.
(4)(a) In the case of a person who purchases printed
matter
for the purpose of distributing it or having it distributed to the
public or to a designated segment of the public, free of charge,
that person
is the consumer of that printed matter, and the
purchase of that printed
matter for that purpose is a sale.
(b) In the case of a person who produces, rather than
purchases, printed matter for the purpose of distributing it or
having it
distributed to the public or to a designated segment of
the public, free of
charge, that person is the consumer of all
tangible personal property and
services purchased for use or
consumption in the production of that printed
matter. That person
is not entitled to claim exception under division
(E)(8)(7) of this
section for any material incorporated into the printed
matter or
any equipment, supplies, or services primarily used to produce the
printed matter.
(c) The distribution of
printed matter to the public or to a
designated segment of the public, free of
charge, is not a sale to
the members of the public to whom the printed matter
is
distributed or to any persons who purchase space in the printed
matter for
advertising or other purposes.
(5) A person who makes sales of any of the services listed
in
division (B)(3) of this section is the consumer of any tangible
personal property used in performing the service. The purchase of
that
property is not subject to the resale exception under
division (E)(1)
of this section.
(6)(a) As used in division (D)(6) of this section:
(i) "Qualifying affiliated group member" means a person who is a member of an affiliated group, as described in division (B)(3)(e) of this section, or is a related member with respect to any other person or group of persons.
(ii) "Another qualifying affiliated group member" means another person within the same qualifying affiliated group or another person who is a related member to the qualifying affiliated group member.
(iii) "Related member" has the same meaning as in section 5733.042 of the Revised Code.
(b) A qualifying affiliated group member that purchases tangible personal property for sale, lease, or rental to another qualifying affiliated group member for any use by that other member, other than for resale, re-lease, or re-rental to an unrelated third party as determined under divisions (D)(6)(c)(i), (ii), and (iii) of this section, is the consumer of the property purchased for that sale, lease, or rental and is not entitled to claim an exception for resale under division (E)(1) of this section, with respect to that purchase. The consumer may claim any other exemption or exception that would be available to the qualifying affiliated group member to whom the property is sold, leased, or rented, as if that member had purchased, leased, or rented the property from an unrelated third party.
(c)(i) The original purchase of tangible personal property by a qualifying affiliated group member and the sale of the property to another qualifying affiliated group member is a resale to an unrelated third party if, within ninety days of the original purchase of the property, the sale to the unrelated third party is effected and no qualifying affiliated group member directly or indirectly purchases, acquires, uses, or has possession of the property for the first seventy-five per cent of the depreciable life of the property for modified accelerated cost recovery system purposes under section 168 of the Internal Revenue Code.
(ii) The original purchase of tangible personal property by a qualifying affiliated group member and the lease of the property to another qualifying affiliated group member is a re-lease to an unrelated third party, if the lease to the unrelated third party is effected within ninety days of the original purchase of the property by the first qualifying affiliated group member, and the lease to the unrelated third party provides or cumulatively provides for recovery of at least two-thirds of the original purchase price of the property within at least five years of the original purchase of the property by the first qualifying affiliated group member.
(iii) The original purchase of tangible personal property by a qualifying affiliated group member and rental of the property to another qualifying affiliated group member is a re-rental to an unrelated third party, if the other qualifying affiliated group member places the property in an inventory for rental to an unrelated third party within ninety days of the original purchase of the property by the first qualifying affiliated group member, and the property remains in rental inventory for a period of not less than four years, during which time at least seventy-five per cent of the rental proceeds and days of rental use of the property are attributable to rentals to an unrelated third party.
(d) As used in division (D)(6) of this section, "unrelated third party" does not include any officer or shareholder of a corporation, any member of a limited liability company, or any partner in a partnership where the corporation, limited liability company, or partnership is a qualifying affiliated group member of the group that includes the qualifying affiliated group member making the original purchase of the tangible personal property.
(e) The tax commissioner may adopt rules to enforce and administer division (D)(6) of this section and prevent price manipulation.
(7) A person conducting a food service operation as defined in section 3717.01 of the Revised Code who prepares food for human consumption primarily for immediate sale at retail is the consumer of tangible personal property and services used to serve the food so prepared, including chairs, tables, tableware, linens, and laundry cleaning services. The purchase of such property and services is not subject to the exception for resale under division (E)(1) of this section.
(E) "Retail sale" and "sales at retail" include all sales,
except those in which the purpose of the consumer is:
(1) To resell the thing transferred or benefit of the
service provided, by a person engaging in business, in the form
in
which the same is, or is to be, received by the person;
(2) To incorporate the thing transferred as a material or
a
part, into tangible personal property to be produced for sale
by
manufacturing, assembling, processing, or refining, or to use
or
consume the thing transferred directly in producing a product for
sale
by mining, including
without limitation the extraction from
the earth of all
substances
that are classed geologically as
minerals, production
of crude oil and natural gas, farming,
agriculture, horticulture,
or floriculture, and persons engaged in
rendering farming,
agricultural, horticultural, or floricultural
services, and
services in the exploration for, and production of,
crude oil and
natural gas, for others are deemed engaged directly
in farming,
agriculture, horticulture, and floriculture, or
exploration for,
and production of, crude oil and natural gas;
directly in the
rendition of a public utility service, except that
the sales tax
levied by section 5739.02 of the Revised Code shall
be collected
upon all meals, drinks, and food for human
consumption sold upon
Pullman and railroad coaches. This
paragraph does not exempt or
except from "retail sale" or "sales
at retail" the sale of
tangible personal property that is to be
incorporated into a
structure or improvement to real property.
(3) To hold the thing transferred as security for the
performance of an obligation of the vendor;
(4) To use or consume the thing transferred in the process
of reclamation as required by Chapters 1513. and 1514. of the
Revised Code;
(5) To resell, hold, use, or consume the thing transferred
as evidence of a contract of insurance;
(6)(5) To use or consume the thing directly in commercial
fishing;
(7)(6) To incorporate the thing transferred as a material or
a
part into, or to use or consume the thing transferred directly
in
the production of, magazines distributed as controlled
circulation
publications;
(8)(7) To use or consume the thing transferred in the
production and preparation in suitable condition for market and
sale of printed, imprinted, overprinted, lithographic,
multilithic, blueprinted, photostatic, or other productions or
reproductions of written or graphic matter;
(9)(8) To use the thing transferred, as described in section
5739.011 of the Revised Code, primarily in a manufacturing
operation to produce tangible personal property for sale;
(10)(9) To use the benefit of a warranty, maintenance or
service contract, or similar agreement, as defined in division
(B)(7) of this section, to repair or maintain tangible personal
property, if all of the property that is the subject of the
warranty, contract, or agreement would be exempt on its purchase
from the tax imposed by section 5739.02 of the Revised Code;
(11)(10) To use the thing transferred as qualified research and
development
equipment;
(12)(11) To use or consume the thing transferred primarily in
storing, transporting, mailing, or otherwise handling purchased
sales inventory in a warehouse, distribution center, or similar
facility when the inventory is primarily distributed outside this
state to retail stores of the person who owns or controls the
warehouse, distribution center, or similar facility, to retail
stores of an affiliated group of which that person is a member,
or
by means of direct marketing. Division (E)(12)(11) of this
section
does not apply to motor vehicles registered for operation
on the
public highways. As used in this division (E)(12) of this
section,
"affiliated group" has the same meaning as in division
(B)(3)(e)
of this section and "direct marketing" has the same
meaning as in
division (B)(36)(28) of section 5739.02 of the Revised
Code.
(13)(12) To use or consume the thing transferred to fulfill a
contractual obligation incurred by a warrantor pursuant to a
warranty provided as a part of the price of the tangible personal
property sold or by a vendor of a warranty, maintenance or
service
contract, or similar agreement the provision of which is
defined
as a sale under division (B)(7) of this section;
(14)(13) To use or consume the thing transferred in the
production of a
newspaper for distribution to the public;
(15)(14) To use tangible personal property to perform a service
listed in
division (B)(3) of this section, if the property is or
is to be
permanently transferred to the consumer of the service as
an integral part of
the performance of the service.
As used in division (E) of this section, "thing" includes all
transactions included in divisions (B)(3)(a),
(b), and (e) of this
section.
Sales conducted through a coin-operated device that
activates
vacuum equipment or equipment that dispenses water,
whether or not
in combination with soap or other cleaning agents
or wax, to the
consumer for the consumer's use on the
premises in washing,
cleaning, or waxing a motor vehicle, provided no other
personal
property or personal service is provided as part of the
transaction, are not retail sales or sales at retail.
(F) "Business" includes any activity engaged in by any
person with the object of gain, benefit, or advantage, either
direct or indirect. "Business" does not include the activity of
a
person in managing and investing the person's own funds.
(G) "Engaging in business" means commencing, conducting,
or
continuing in business, and liquidating a business when the
liquidator thereof holds
itself out to the public as
conducting
such business. Making a casual sale is not engaging in
business.
(H)(1) "Price," except as provided in divisions (H)(2) and
(3) of this section, means the aggregate value in money of
anything paid or delivered, or promised to be paid or delivered,
in the complete performance of a retail sale, without any
deduction on account of the cost of the property sold, cost of
materials used, labor or service cost, interest, discount paid or
allowed after the sale is consummated, delivery charges, or any other expense. If
the retail sale consists of the rental or lease of tangible
personal property, "price" means the aggregate value in money of
anything paid or delivered, or promised to be paid or delivered,
in the complete performance of the rental or lease, without any
deduction for tax, interest, labor or service charge, damage
liability waiver, termination or damage charge, discount paid or
allowed after the lease is consummated, delivery charges, or any other expense.
Except as provided in division (H)(4) of this section, the sales
tax shall be calculated and collected by the lessor on
each
payment made by the lessee.
"Price" does not include the
consideration received as a deposit refundable to the consumer
upon return of a beverage container, the consideration received
as
a deposit on a carton or case that is used for such returnable
containers, or the consideration received as a refundable
security
deposit for the use of tangible personal property to the
extent
that it actually is refunded, if the consideration for
such
refundable deposit is separately stated from the
consideration
received or to be received for the tangible
personal property
transferred in the retail sale. Such
separation must appear in
the sales agreement or on the initial
invoice or initial billing
rendered by the vendor to the
consumer.
"Price" also does not
include delivery charges that are separately stated on the initial
invoice or initial billing rendered by the vendor. Price is the
amount
received inclusive of the tax,
provided the vendor
establishes to
the satisfaction of the tax
commissioner that the
tax was added to
the price. When the price
includes both a charge
for tangible
personal property and a
charge for providing a
service and the
sale of the property and
the charge for the
service are separately
taxable, or have a
separately determinable
tax status, the price
shall be separately
stated for each such
charge so the tax can be
correctly computed
and charged.
The tax collected by the vendor from the consumer under
this
chapter is not part of the price, but is a tax collection
for the
benefit of the state and of counties levying an
additional sales
tax pursuant to section 5739.021 or 5739.026 of
the Revised Code
and of transit authorities levying an additional
sales tax
pursuant to section 5739.023 of the Revised Code.
Except for the
discount authorized in section 5739.12 of the
Revised Code and the
effects of any rounding pursuant to section 5703.055 of the
Revised Code, no
person other than the state or such a county or
transit authority
shall derive any benefit from the collection or
payment of such
tax.
As used in division (H)(1) of this section, "delivery
charges" means charges by the vendor for preparation and delivery
to a location designated by the consumer of tangible personal
property or a service, including transportation, shipping,
postage, handling, crating, and packing.
(2) In the case of a sale of any new motor vehicle by a
new
motor vehicle dealer, as defined in section 4517.01 of the
Revised
Code, in which another motor vehicle is accepted by the
dealer as
part of the consideration received, "price" has the
same meaning
as in division (H)(1) of this section, reduced by
one-half of the credit
afforded the consumer by the dealer for the motor
vehicle received
in trade.
(3) In the case of a sale of any watercraft or outboard
motor by a watercraft dealer licensed in accordance with section
1547.543 of the Revised Code, in which another watercraft,
watercraft and trailer, or outboard motor is accepted by the
dealer as part of the consideration received, "price" has the
same
meaning as in division (H)(1) of this section, reduced by
one-half of the
credit afforded the consumer by the dealer for the
watercraft,
watercraft and trailer, or outboard motor received in
trade.
(4) In the case of the lease of any motor vehicle designed
by the manufacturer to carry a load of not more than one ton,
watercraft,
outboard motor, or aircraft, or the
lease of any
tangible personal property, other than motor vehicles
designed by
the manufacturer to carry a load of more than one ton, to be used
by the lessee
primarily for business
purposes, the sales tax shall
be
collected
by
the vendor at the
time the lease is consummated
and
shall be
calculated by the
vendor on the basis of the total
amount
to be
paid by the lessee
under the lease agreement. If the
total amount
of the
consideration for the lease includes amounts
that are not
calculated at the time the lease is executed, the tax
shall be
calculated and collected by the vendor at the time such
amounts
are billed to the lessee. In the case of an open-end
lease, the
sales tax shall be calculated by the vendor on the
basis of the
total amount to be paid during the initial fixed term
of the
lease, and then for each subsequent renewal period as it
comes
due. In the case of a lease with a renewal clause and a termination penalty or similar provision that applies if the renewal clause is not exercised, the tax shall be calculated and paid by the vendor on the basis of the entire length of the lease period, including any renewal period, until the termination penalty or similar provision no longer applies.
(5) In the case of a transaction in which telecommunications service or mobile telecommunications service is sold in a bundled transaction with other distinct services for a single price that is not itemized, the entire price is subject to the taxes levied under sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code, unless the vendor can reasonably identify the non-taxable portion from its books and records kept in the regular course of business. The vendor shall advise the consumer, either in a sales agreement or on the bill for the bundled service, of the base on which the tax is computed. The burden of proving any nontaxable charges is on the vendor.
(6) As used in
divisions (H)(3)
and (4) of this section,
"motor
vehicle" has the same meaning as in section 4501.01 of the
Revised
Code, and "watercraft"
includes an
outdrive unit
attached
to the
watercraft.
(I) "Receipts" means the total amount of the prices of the
sales of vendors, provided that cash discounts allowed and taken
on sales at the time they are consummated are not included, minus
any amount deducted as a bad debt pursuant to section 5739.121 of
the Revised Code. "Receipts" does not include the sale price of
property returned or services rejected by consumers when the full
sale price and tax are refunded either in cash or by credit.
(J) "Place of business" means any location at which a
person
engages in business.
(K) "Premises" includes any real property or portion
thereof
upon which any person engages in selling tangible
personal
property at retail or making retail sales and also
includes any
real property or portion thereof designated for, or
devoted to,
use in conjunction with the business engaged in by
such person.
(L) "Casual sale" means a sale of an item of tangible
personal property
that was obtained by the person making the
sale, through purchase or otherwise, for the person's own use and
was previously subject to any state's taxing
jurisdiction on its
sale or use, and includes such items acquired
for the seller's use
that are sold by an auctioneer employed
directly by the person for
such purpose, provided the location of
such sales is not the
auctioneer's permanent place of business.
As
used in this
division, "permanent place of business" includes
any
location
where such auctioneer has conducted more than two
auctions during
the year.
(M) "Hotel" means every establishment kept, used,
maintained, advertised, or held out to the public to be a place
where sleeping accommodations are offered to guests, in which
five
or more rooms are
used for the accommodation of such guests,
whether
the rooms
are in one or several structures.
(N) "Transient guests" means persons occupying a room or
rooms for sleeping accommodations for less than thirty
consecutive
days.
(O) "Making retail sales" means the effecting of
transactions wherein one party is obligated to pay the price and
the other party is obligated to provide a service or to transfer
title to or possession of the item sold. "Making retail sales"
does not include the preliminary acts of promoting or soliciting
the retail sales, other than the distribution of printed matter
which displays or describes and prices the item offered for sale,
nor does it include delivery of a predetermined quantity of
tangible personal property or transportation of property or
personnel to or from a place where a service is performed,
regardless of whether the vendor is a delivery vendor.
(P) "Used directly in the rendition of a public utility
service" means that property which that is to be incorporated into and
will become a part of the consumer's production, transmission,
transportation, or distribution system and
that retains its
classification as tangible personal property after such
incorporation; fuel or power used in the production,
transmission,
transportation, or distribution system; and
tangible personal
property used in the repair and maintenance of
the production,
transmission, transportation, or distribution
system, including
only such motor vehicles as are specially
designed and equipped
for such use. Tangible personal property
and services used
primarily in providing highway transportation
for hire are not
used directly in providing the rendition of a public utility service as
defined in this
division. Tangible personal property that is part of, an operating supply for, or a repair or replacement part for, an air or noise pollution control facility certified under section 5709.21 of the Revised Code is not used directly in the rendition of a public utility service.
(Q) "Refining" means removing or separating a desirable
product from raw or contaminated materials by distillation or
physical, mechanical, or chemical processes.
(R) "Assembly" and "assembling" mean attaching or fitting
together parts to form a product, but do not include packaging a
product.
(S) "Manufacturing operation" means a process in which
materials are changed, converted, or transformed into a different
state or form from which they previously existed and includes
refining materials, assembling parts, and preparing raw materials
and parts by mixing, measuring, blending, or otherwise committing
such materials or parts to the manufacturing process.
"Manufacturing operation" does not include packaging; or the preparation or preservation of food for human consumption primarily for immediate sale at retail by a person conducting a food service operation, as defined in section 3717.01 of the Revised Code.
(T) "Fiscal officer" means, with respect to a regional
transit authority, the secretary-treasurer thereof, and with
respect to a county
that is a transit authority, the fiscal
officer of the county transit board if one is appointed pursuant
to
section 306.03 of the Revised Code or the county auditor if the
board of
county commissioners operates the county transit system.
(U) "Transit authority" means a regional transit authority
created pursuant to section 306.31 of the Revised Code or a
county
in which a county transit system is created pursuant to
section
306.01 of the Revised Code. For the purposes of this
chapter, a
transit authority must extend to at least the entire
area of a
single county. A transit authority
that includes
territory
in
more than one county must include all the area of
the most
populous county
that is a part of such transit
authority.
County
population shall be measured by the most
recent census
taken by
the United States census bureau.
(V) "Legislative authority" means, with respect to a
regional transit authority, the board of trustees thereof, and
with respect to a county
that is a transit authority, the
board
of county commissioners.
(W) "Territory of the transit authority" means all of the
area included within the territorial boundaries of a transit
authority as they from time to time exist. Such territorial
boundaries must at all times include all the area of a single
county or all the area of the most populous county
that is a
part
of such transit authority. County population shall be
measured by
the most recent census taken by the United States
census bureau.
(X) "Providing a service" means providing or furnishing
anything described in division (B)(3) of this section for
consideration.
(Y)(1)(a) "Automatic data processing" means processing of
others' data, including keypunching or similar data entry
services
together with verification thereof, or providing access
to
computer equipment for the purpose of processing data.
(b) "Computer services" means providing services
consisting
of specifying computer hardware configurations and
evaluating
technical processing characteristics, computer
programming, and
training of computer programmers and operators,
provided in
conjunction with and to support the sale, lease, or
operation of
taxable computer equipment or systems.
(c) "Electronic information services" means providing
access
to computer equipment by means of telecommunications
equipment for
the purpose of either of the following:
(i) Examining or acquiring data stored in or accessible to
the computer equipment;
(ii) Placing data into the computer equipment to be
retrieved by designated recipients with access to the computer
equipment.
(d) "Automatic data processing, computer services, or
electronic information services" shall not include personal or
professional services.
(2) As used in divisions (B)(3)(e) and (Y)(1) of this
section, "personal and professional services" means all services
other than automatic data processing, computer services, or
electronic information services, including but not limited to:
(a) Accounting and legal services such as advice on tax
matters, asset management, budgetary matters, quality control,
information security, and auditing and any other situation where
the service provider receives data or information and studies,
alters, analyzes, interprets, or adjusts such material;
(b) Analyzing business policies and procedures;
(c) Identifying management information needs;
(d) Feasibility studies, including economic and technical
analysis of existing or potential computer hardware or software
needs and alternatives;
(e) Designing policies, procedures, and custom software
for
collecting business information, and determining how data
should
be summarized, sequenced, formatted, processed, controlled,
and
reported so that it will be meaningful to management;
(f) Developing policies and procedures that document how
business events and transactions are to be authorized, executed,
and controlled;
(g) Testing of business procedures;
(h) Training personnel in business procedure applications;
(i) Providing credit information to users of such
information by a consumer reporting agency, as defined in the
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15
U.S.C.
1681a(f), or as hereafter amended, including but not
limited to
gathering, organizing, analyzing, recording, and
furnishing such
information by any oral, written, graphic, or
electronic medium;
(j) Providing debt collection services by any oral,
written,
graphic, or electronic means.
The services listed in divisions (Y)(2)(a) to (j) of this
section are not automatic data processing or computer services.
(Z) "Highway transportation for hire" means the
transportation of personal property belonging to others for
consideration by any of the following:
(1) The holder of a permit or certificate issued by this
state or the United States authorizing the holder to engage in
transportation of personal property belonging to others for
consideration over or on highways, roadways, streets, or any
similar public thoroughfare;
(2) A person who engages in the transportation of personal
property belonging to others for consideration over or on
highways, roadways, streets, or any similar public thoroughfare
but who could not have engaged in such transportation on December
11, 1985, unless the person was the holder of a permit or
certificate of the types described in division (Z)(1) of this
section;
(3) A person who leases a motor vehicle to and operates it
for a person described by division (Z)(1) or (2) of this section.
"Highway transportation for hire" does not include the transportation of tangible personal property belonging to members of an affiliated group, as described in division (B)(3)(e) of this section, by another member of the affiliated group, or the transporting for disposal of refuse, trash, waste, or scrap, in which the originator of the material being hauled retains no continuing legal rights or responsibilities for that material.
(AA) "Telecommunications service" means the transmission
of
any interactive, two-way electromagnetic communications,
including
voice, image, data, and information, through the use of
any medium
such as wires, cables, microwaves, cellular radio,
radio waves,
light waves, or any combination of those or similar
media.
"Telecommunications service" includes message toll
service, even
though the vendor provides the message toll service
by means of
wide area transmission type service or private
communications
service purchased from another telecommunications
service
provider, but and other related fees and ancillary services, including universal service fees, detailed billing service, directory assistance, service initiation, voice mail service, and vertical services, such as caller ID and three-way calling. "Telecommunications service" does not include any of the following:
(1) Sales of incoming or outgoing wide area transmission
service or wide area transmission type service, including eight
hundred or eight-hundred-type service, to the person contracting
for the receipt of that service;
(2) Sales of private communications service to the person
contracting for the receipt of that service that entitles the
purchaser to exclusive or priority use of a communications
channel
or group of channels between exchanges;
(3) Sales of telecommunications service that are billed to persons prior to January 1, 2004, by telephone companies
that are subject
to the excise tax imposed by Chapter 5727. of the Revised
Code;
(4)(2) Sales of telecommunications service to a provider of
telecommunications service or of mobile telecommunications service, including access services, for use in
providing telecommunications service or mobile telecommunications service;
(5)(3) Value-added nonvoice services in which computer
processing applications are used to act on the form, content,
code, or protocol of the information to be transmitted;
(6)(4) Transmission of interactive video programming by a
cable
television system as defined in section 505.90 of the
Revised
Code;
(7)(5) After July 31, 2002, mobile telecommunications service.
(BB) "Industrial laundry Laundry and dry cleaning services" means removing
soil or dirt from or supplying towels, linens, or articles of
clothing, or other fabric items that belong to others and are used in a trade or
business supplying towels, linens, articles of clothing, or other fabric items. "Laundry and dry cleaning services" does not include the provision of self-service facilities for use by consumers to remove soil or dirt from towels, linens, articles of clothing, or other fabric items.
(CC) "Magazines distributed as controlled circulation
publications" means magazines containing at least twenty-four
pages, at least twenty-five per cent editorial content, issued at
regular intervals four or more times a year, and circulated
without charge to the recipient, provided that such magazines are
not owned or controlled by individuals or business concerns which
conduct such publications as an auxiliary to, and essentially for
the advancement of the main business or calling of, those who own
or control them.
(DD) "Landscaping and lawn care service" means the
services
of planting, seeding, sodding, removing, cutting,
trimming,
pruning, mulching, aerating, applying chemicals,
watering,
fertilizing, and providing similar services to
establish, promote,
or control the growth of trees, shrubs,
flowers, grass, ground
cover, and other flora, or otherwise
maintaining a lawn or
landscape grown or maintained by the owner
for ornamentation or
other nonagricultural purpose. However,
"landscaping and lawn
care service" does not include the
providing of such services by a
person who has less than five
thousand dollars in sales of such
services during the calendar
year.
(EE) "Private investigation and security service" means
the
performance of any activity for which the provider of such
service
is required to be licensed pursuant to Chapter 4749. of
the
Revised Code, or would be required to be so licensed in
performing
such services in this state, and also includes the
services of
conducting polygraph examinations and of monitoring
or overseeing
the activities on or in, or the condition of, the
consumer's home,
business, or other facility by means of
electronic or similar
monitoring devices. "Private investigation
and security service"
does not include special duty services
provided by off-duty police
officers, deputy sheriffs, and other
peace officers regularly
employed by the state or a political
subdivision.
(FF) "Information services" means providing conversation,
giving consultation or advice, playing or making a voice or other
recording, making or keeping a record of the number of callers,
and any other service provided to a consumer by means of a nine
hundred telephone call, except when the nine hundred telephone
call is the means by which the consumer makes a contribution to a
recognized charity.
(GG) "Research and development" means designing, creating,
or formulating new or enhanced products, equipment, or
manufacturing processes, and also means conducting scientific or
technological inquiry and experimentation in the physical
sciences
with the goal of increasing scientific knowledge which
may reveal
the bases for new or enhanced products, equipment, or
manufacturing processes.
(HH) "Qualified research and development equipment" means
capitalized tangible personal property, and leased personal
property that would be capitalized if purchased, used by a person
primarily to perform research and development. Tangible personal
property primarily used in testing, as defined in division (A)(4)
of section 5739.011 of the Revised Code, or used for recording or
storing test results, is not qualified research and development
equipment unless such property is primarily used by the consumer
in testing the product, equipment, or manufacturing process being
created, designed, or formulated by the consumer in the research
and development activity or in recording or storing such test
results.
(II) "Building maintenance and janitorial service" means
cleaning the interior or exterior of a building and any tangible
personal property located therein or thereon, including any
services incidental to such cleaning for which no separate charge
is made. However, "building maintenance and janitorial service"
does not include the providing of such service by a person who
has
less than five thousand dollars in sales of such service
during
the calendar year.
(JJ) "Employment service" means providing or supplying
personnel, on a temporary or long-term basis, to perform work or
labor under the supervision or control of another, when the
personnel so supplied receive their wages, salary, or other
compensation from the provider of the service. "Employment
service" does not include:
(1) Acting as a contractor or subcontractor, where the
personnel performing the work are not under the direct control of
the purchaser.
(2) Medical and health care services.
(3) Supplying personnel to a purchaser pursuant to a
contract of at least one year between the service provider and
the
purchaser that specifies that each employee covered under the
contract is assigned to the purchaser on a permanent basis.
(4) Transactions between members of an affiliated group,
as
defined in division (B)(3)(e) of this section.
(KK) "Employment placement service" means locating or
finding employment for a person or finding or locating an
employee
to fill an available position.
(LL) "Exterminating service" means eradicating or
attempting
to eradicate vermin infestations from a building or
structure, or
the area surrounding a building or structure, and
includes
activities to inspect, detect, or prevent vermin
infestation of a
building or structure.
(MM) "Physical fitness facility service" means all
transactions by which a membership is granted, maintained, or
renewed, including initiation fees, membership dues, renewal
fees,
monthly minimum fees, and other similar fees and dues, by a
physical fitness facility such as an athletic club, health spa,
or
gymnasium, which entitles the member to use the facility for
physical exercise.
(NN) "Recreation and sports club service" means all
transactions by which a membership is granted, maintained, or
renewed, including initiation fees, membership dues, renewal
fees,
monthly minimum fees, and other similar fees and dues, by a
recreation and sports club, which entitles the member to use the
facilities of the organization. "Recreation and sports club"
means an organization that has ownership of, or controls or
leases
on a continuing, long-term basis, the facilities used by
its
members and includes an aviation club, gun or shooting club,
yacht
club, card club, swimming club, tennis club, golf club,
country
club, riding club, amateur sports club, or similar
organization.
(OO) "Livestock" means farm animals commonly raised for
food
or food production, and includes but is not limited to
cattle,
sheep, goats, swine, and poultry. "Livestock" does not
include
invertebrates, fish, amphibians, reptiles, horses,
domestic pets,
animals for use in laboratories or for exhibition,
or other
animals not commonly raised for food or food production.
(PP) "Livestock structure" means a building or structure
used exclusively for the housing, raising, feeding, or sheltering
of livestock, and includes feed storage or handling structures
and
structures for livestock waste handling.
(QQ) "Horticulture" means the growing, cultivation, and
production of flowers, fruits, herbs, vegetables, sod, mushrooms,
and nursery stock. As used in this division, "nursery stock" has
the same meaning as in section 927.51 of the Revised Code.
(RR) "Horticulture structure" means a building or
structure
used exclusively for the commercial growing, raising,
or
overwintering of horticultural products, and includes the area
used for stocking, storing, and packing horticultural products
when done in conjunction with the production of those products.
(SS) "Newspaper" means an unbound publication bearing a
title or
name that is regularly published, at least as frequently
as biweekly, and
distributed from a fixed place of business to the
public in a specific
geographic area, and that contains a
substantial amount of news matter of
international, national, or
local events of interest to the general public.
(TT) "Professional
racing team" means a person that employs
at least twenty
full-time employees for the purpose of conducting
a motor
vehicle racing business for profit. The person must
conduct the
business with the purpose of racing one or more motor
racing
vehicles in at least ten competitive professional racing
events
each year that comprise all or part of a motor racing
series
sanctioned by one or more motor racing sanctioning
organizations. A "motor racing vehicle" means a vehicle for
which
the chassis, engine, and parts are designed
exclusively for motor
racing, and does not include a stock
or production model vehicle
that may be modified for use in
racing. For the purposes of this
division:
(1) A "competitive professional racing event" is a motor
vehicle racing event sanctioned by one or more motor racing
sanctioning organizations, at which aggregate cash prizes in
excess of eight hundred thousand dollars are awarded to
the
competitors.
(2) "Full-time employee" means an individual who is
employed
for consideration for thirty-five or more hours a week,
or who
renders any other standard of service generally accepted
by custom
or specified by contract as full-time
employment.
(UU)(1) "Prepaid
authorization number" means a numeric or
alphanumeric
combination that represents a prepaid account that
can be used
by the account holder solely to obtain
telecommunications
service, and includes any renewals or increases
in the prepaid
account.
(2) "Prepaid telephone calling card" means a tangible
item
that contains a prepaid authorization number that can be
used
solely to obtain telecommunications service, and includes
any
renewals or increases in the prepaid account.
(VV)(UU) "Lease" means any transfer for a consideration of the
possession of and right to use, but not title to, tangible
personal property for a fixed period of time greater than
thirty
days or for an open-ended period of time with a
minimum fixed
period of more than thirty days.
(WW)(VV) "Mobile telecommunications service" has the same
meaning as in the "Mobile Telecommunications Sourcing Act," Pub.
L.
No. 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as
amended, and includes related fees and ancillary services, including universal service fees, detailed billing service, directory assistance, service initiation, voice mail service, and vertical services, such as caller ID and three-way calling.
(XX)(WW) "Certified service provider" has the same meaning as in
section 5740.01 of the Revised Code.
(XX) "Cable and satellite television service" means any transmission of video or other programming service to consumers with or without the use of wires, and includes all service and rental charges, premium channels or other special services, installation and repair service charges, and any other charges having any connection with the provision of the cable and satellite television service.
Sec. 5739.011. (A) As used in this section:
(1)
"Manufacturer" means a person who is engaged in
manufacturing, processing, assembling, or refining a product for
sale.
(2)
"Manufacturing facility" means a single location where
a
manufacturing operation is conducted, including locations
consisting of one or more buildings or structures in a contiguous
area owned or controlled by the manufacturer.
(3)
"Materials handling" means the movement of the product
being or to be manufactured, during which movement the product is
not undergoing any substantial change or alteration in its state
or form.
(4)
"Testing" means a process or procedure to identify the
properties or assure the quality of a material or product.
(5)
"Completed product" means a manufactured item that is
in
the form and condition as it will be sold by the manufacturer.
An
item is completed when all processes that change or alter its
state or form or enhance its value are finished, even though the
item subsequently will be tested to ensure its quality or be
packaged for storage or shipment.
(6)
"Continuous manufacturing operation" means the process
in
which raw materials or components are moved through the steps
whereby manufacturing occurs. Materials handling of raw
materials
or parts from the point of receipt or
preproduction storage or of
a completed product, to or from storage, to
or from
packaging, or
to the place from which the completed product will
be shipped, is
not a part of a continuous manufacturing
operation.
(B) For purposes of division (E)(9)(8) of section 5739.01 of
the Revised Code, the
"thing transferred" includes, but is not
limited to, any of the following:
(1) Production machinery and equipment that act upon the
product or machinery and equipment that treat the materials or
parts in preparation for the manufacturing operation;
(2) Materials handling equipment that moves the product
through a continuous manufacturing operation; equipment that
temporarily stores the product during the manufacturing
operation;
or, excluding motor vehicles licensed to operate on
public
highways, equipment used in intraplant or interplant
transfers of
work in process where the plant or plants between
which such
transfers occur are manufacturing facilities operated
by the same
person;
(3) Catalysts, solvents, water, acids, oil, and similar
consumables that interact with the product and that are an
integral part of the manufacturing operation;
(4) Machinery, equipment, and other tangible personal
property used during the manufacturing operation that control,
physically support, produce power for, lubricate, or are
otherwise
necessary for the functioning of production machinery
and
equipment and the continuation of the manufacturing
operation;
(5) Machinery, equipment, fuel, power, material, parts,
and
other tangible personal property used to manufacture
machinery,
equipment, or other tangible personal property used in
manufacturing a product for sale;
(6) Machinery, equipment, and other tangible personal
property used by a manufacturer to test raw materials, the
product
being manufactured, or the completed product;
(7) Machinery and equipment used to handle or temporarily
store scrap that is intended to be reused in the manufacturing
operation at the same manufacturing facility;
(8) Coke, gas, water, steam, and similar
substances used in
the manufacturing operation; machinery and
equipment used for, and
fuel consumed in, producing or extracting
those substances;
machinery, equipment, and other tangible
personal property used to
treat, filter, pump, or
otherwise make the substance suitable for
use in the
manufacturing operation; and machinery and equipment
used
for, and fuel consumed in, producing
electricity
for use in
the manufacturing
operation;
(9) Machinery, equipment, and other tangible personal
property used to transport or transmit electricity, coke, gas,
water, steam, or similar substances used in the manufacturing
operation from the point of generation, if produced by the
manufacturer, or from the point where the substance enters the
manufacturing facility, if purchased by the manufacturer, to the
manufacturing operation;
(10) Machinery, equipment, and other tangible personal
property that treats, filters, cools, refines, or otherwise
renders water, steam, acid, oil, solvents, or similar substances
used in the manufacturing operation reusable, provided that the
substances are intended for reuse and not for disposal, sale, or
transportation from the manufacturing facility;
(11) Parts, components, and repair and installation
services
for items described in division (B) of this section.
(C) For purposes of division (E)(9)(8) of section 5739.01 of
the Revised Code, the
"thing transferred" does not include any of
the following:
(1) Tangible personal property used in administrative,
personnel, security, inventory control, record-keeping, ordering,
billing, or similar functions;
(2) Tangible personal property used in storing raw
materials
or parts prior to the commencement of the manufacturing
operation
or used to handle or store a completed product,
including storage
that actively maintains a completed product in
a marketable state
or form;
(3) Tangible personal property used to handle or store
scrap
or waste intended for disposal, sale, or other disposition,
other
than reuse in the manufacturing operation at the same
manufacturing facility;
(4) Tangible personal property that is or is to be
incorporated into realty;
(5) Machinery, equipment, and other tangible personal
property used for ventilation, dust or gas collection, humidity
or
temperature regulation, or similar environmental control,
except
machinery, equipment, and other tangible personal property
that
totally regulates the environment in a special and limited
area of
the manufacturing facility where the regulation is
essential for
production to occur;
(6) Tangible personal property used for the protection and
safety of workers, unless the property is attached to or
incorporated into machinery and equipment used in a continuous
manufacturing operation;
(7) Tangible personal property used to store fuel, water,
solvents, acid, oil, or similar items consumed in the
manufacturing operation;
(8)
Machinery, equipment, and other tangible personal
property
used to clean, repair, or maintain real or personal
property in
the manufacturing facility;
(9) Motor vehicles registered for operation on
public
highways;
(10) Tangible personal property that is part of, an operating supply for, or a repair or replacement part for, an air or noise pollution control facility certified under section 5709.21 of the Revised Code.
(D) For purposes of division (E)(9)(8) of section 5739.01 of
the Revised Code, if the
"thing transferred" is a machine used by
a manufacturer in both a taxable and an exempt manner, it shall
be
totally taxable or totally exempt from taxation based upon its
quantified primary use. If the
"things transferred" are
fungibles, they shall be taxed based upon the proportion of the
fungibles used in a taxable manner.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue
fund of the state, for the purpose of securing a thorough
and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax
is hereby levied on each retail sale made in this state.
(A) The tax shall be collected pursuant to the schedules
in
section 5739.025 of the Revised Code.
The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.
In the case of a sale, the price of which consists in whole
or in part of rentals for the use of the thing transferred, the
tax, as regards
those rentals, shall be measured by the
installments
of those rentals.
In the case of a sale of a service defined under division
(MM) or (NN) of section 5739.01 of the Revised Code, the price of
which consists in whole or in part of a membership for the
receipt
of the benefit of the service, the tax applicable to the
sale
shall be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions,
or to any other state or its political subdivisions
if the laws of
that state exempt from taxation sales made to this
state and its
political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers and of magazine subscriptions and
sales or transfers of magazines
distributed as controlled
circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records
the meals as part compensation for services performed or
work
done;
(6)(5) Sales of motor fuel upon receipt, use,
distribution, or
sale of which in this state a tax is imposed by
the law of this
state, but this exemption shall not apply to the
sale of motor
fuel on which a refund of the tax is
allowable under division (A) of section
5735.14 of the Revised Code; and the tax
commissioner may deduct
the amount of tax levied by this section
applicable to the price
of motor fuel when granting a
refund of motor fuel tax pursuant to
division (A) of section 5735.14 of
the Revised Code and shall cause the amount
deducted to be paid
into the general revenue fund of this state;
(7)(6) Sales of natural gas by a natural gas company, of water
by a water-works
company, or of steam by a heating company, if in
each case the
thing sold is delivered to consumers through pipes
or
conduits, and all sales of communications services by a
telephone
or telegraph company, all terms as defined in section
5727.01 of
the Revised Code;
(8)(7) Casual sales by a person, or auctioneer employed
directly by the person to conduct such sales, except as to
such
sales of
motor vehicles, watercraft or outboard motors required to
be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9)(8) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by
churches, organizations exempt from taxation under
section
501(c)(3) of the Internal Revenue
Code of 1986, or
nonprofit
organizations operated exclusively for charitable
purposes as
defined in division (B)(12)(11) of this section, provided
that the
number of days on which such tangible personal property
or
services, other than items never subject to the tax, are sold
does
not exceed six in any calendar year. If the number of days
on
which such sales are made exceeds six in any calendar year,
the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a
church or within an organization shall be considered to be
sales
of that church or organization, except that sales made by
separate
student clubs and other groups of students of a primary
or
secondary school, and sales made by a parent-teacher
association,
booster group, or similar organization that raises
money to
support or fund curricular or extracurricular activities
of a
primary or secondary school, shall not be considered to be
sales
of such school, and sales by each such club, group,
association,
or organization shall be counted separately for
purposes of the
six-day limitation. This division does not apply
to sales by a
noncommercial educational radio or television
broadcasting
station.
(10)(9) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) The (10) Except for transactions that are sales under divisions (B)(3)(s) and (t) of section 5739.01 of the Revised Code, the transportation of persons or property, unless the
transportation is by a private investigation and security
service;
(12)(11) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the
Revised Code; and sales to organizations described in
division (D)
of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease,
or injury; the operation of an organization
exclusively
for the
provision of professional, laundry, printing, and
purchasing
services to hospitals or charitable institutions;
the
operation of
a home for the aged, as defined in section 5701.13
of the Revised
Code; the operation of a radio or television
broadcasting station
that is licensed by the federal
communications commission as a
noncommercial educational radio or
television station; the
operation of a nonprofit animal
adoption service or a county
humane society; the promotion of
education by an institution of
learning that maintains a faculty of
qualified instructors,
teaches regular continuous courses of study, and
confers a
recognized diploma upon completion of a specific
curriculum; the
operation of a parent-teacher association,
booster group, or
similar organization primarily engaged in the
promotion and
support of the curricular or extracurricular
activities of a
primary or secondary school; the operation of a
community or area
center in which presentations in music,
dramatics, the arts, and
related fields are made in order to
foster public interest and
education therein; the production of
performances in music,
dramatics, and the arts; or the
promotion of education by an
organization engaged in carrying on research
in, or the
dissemination of, scientific and technological
knowledge and
information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13)(12) Building and construction materials and services sold
to construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision
of this state, or
with the
United
States government or any of its agencies; building
and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any
of its political subdivisions, or by the United States
government
or any of its agencies at the time of completion of
the
structures or improvements; building and construction
materials
sold to construction contractors for incorporation into
a
horticulture structure or livestock structure for a person
engaged
in the business of horticulture or producing livestock;
building
materials and services sold to a construction contractor
for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12)(11) of this section; building
materials and
services sold to a construction contractor for
incorporation into a building
under a construction contract with
an organization exempt from taxation under
section 501(c)(3) of
the Internal Revenue
Code of 1986 when the building is to be used
exclusively for the
organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services
sold to a construction contractor for incorporation into
real
property outside this state if such materials and services,
when
sold to a construction contractor in the state in which the
real
property is located for incorporation into real property in
that
state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or
to be
used principally in interstate or foreign commerce, and
repairs,
alterations, fuel, and lubricants for such ships or
vessels or rail rolling
stock;
(15)(13) Sales to persons engaged in any of the activities
mentioned in division (E)(2) or (9)(8) of section 5739.01 of the
Revised Code, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible
personal property that was produced by the manufacturer in
accordance with specific designs provided by the purchaser, of
packages, including material, labels, and parts for packages, and
of
machinery, equipment, and material for use primarily in
packaging
tangible personal property produced for sale, including
any machinery,
equipment, and supplies used to make labels or
packages, to prepare packages
or products for labeling, or to
label packages or products, by or on the order
of the person doing
the packaging, or sold at retail.
"Packages"
includes bags,
baskets, cartons, crates, boxes, cans, bottles,
bindings,
wrappings, and other similar devices and containers, and
"packaging" means placing therein.
(16)(14) Sales of food to persons using food stamp
benefits to
purchase the food. As used in this division (B)(16) of
this section,
"food" has the same meaning as in the
"Food Stamp
Act of 1977,"
91
Stat. 958, 7 U.S.C. 2012, as amended, and federal
regulations
adopted pursuant to that act.
(17)(15) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use
or consumption in production; and of tangible personal
property
for such use or consumption in the conditioning or
holding of
products produced by and for such use, consumption, or
sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18)(16) Sales of drugs dispensed by a licensed
pharmacist
upon
the order of a licensed health professional
authorized to
prescribe drugs to a human being, as the term
"licensed health
professional authorized to prescribe drugs" is defined in section
4729.01
of the Revised Code;
insulin as recognized in the official
United States pharmacopoeia; urine and blood testing materials
when used by diabetics or persons with hypoglycemia to test for
glucose or acetone; hypodermic syringes and needles when used by
diabetics for insulin injections; epoetin alfa when purchased for
use in
the treatment of persons with end-stage renal disease;
hospital
beds when purchased
for use by persons with medical
problems for medical purposes;
and oxygen and oxygen-dispensing
equipment when purchased for use
by persons with medical problems
for medical purposes;
(19)(17)(a) Sales of artificial limbs or portion thereof, breast
prostheses, and other prosthetic devices for humans; braces or
other devices for supporting weakened or nonfunctioning parts of
the human body; crutches
or other devices to aid human
perambulation; and items
of tangible
personal property used to
supplement impaired
functions of the
human body such as
respiration, hearing, or
elimination;
(b) Sales of wheelchairs; items incorporated into or used in
conjunction with a motor vehicle for the purpose of transporting
wheelchairs, other than transportation conducted in connection
with the sale or delivery of wheelchairs; and items incorporated
into or used in conjunction with a motor vehicle that are
specifically designed to assist a person with a disability to
access or operate the motor vehicle. As used in this division,
"person with a disability" means any person who has lost the use
of one or both legs or one or both arms, who is blind, deaf, or
disabled to the extent that the person is unable to move about
without the aid of crutches or a wheelchair, or whose mobility is
restricted by a permanent cardiovascular, pulmonary, or other
disabling condition.
(c) No
exemption under this division shall be allowed
for
nonprescription
drugs, medicines, or remedies; items or
devices
used to supplement
vision; items or devices whose
function is
solely or primarily
cosmetic; or physical fitness
equipment. This
division does not
apply to sales to a physician
or medical
facility for use in the
treatment of a patient.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency
medical services, for political subdivisions of the
state;
(21) Sales of tangible personal property manufactured in
this state, if sold by the manufacturer in this state to a
retailer for use in the retail business of the retailer outside of
this state and
if possession is taken from the manufacturer by the
purchaser
within this state for the sole purpose of immediately
removing
the same from this state in a vehicle owned by the
purchaser;
(22)(18) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions,
or authorities, or by governmental entities of the
state or any of
its political subdivisions, agencies,
instrumentalities,
institutions, or authorities;
(23)(19) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is
taken in this state for the sole purpose of immediately
removing
it from this state, that the motor vehicle will be
permanently
titled and registered in another state, and that the
motor vehicle
will not be used in this state;
(24)(20) Sales to persons engaged in the preparation of eggs
for
sale of tangible personal property used or consumed directly
in
such preparation, including such tangible personal property
used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment
and parts therefor, except motor vehicles licensed to
operate on
public highways, used in intraplant or interplant
transfers or
shipment of eggs in the process of preparation for
sale, when the
plant or plants within or between which such
transfers or
shipments occur are operated by the same person.
"Packages"
includes containers, cases, baskets, flats, fillers,
filler flats,
cartons, closure materials, labels, and labeling
materials, and
"packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26)(21) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption
services
or county humane societies;
(29)(22) Sales of services to a corporation described in
division (A) of section 5709.72 of the Revised Code, and sales of
tangible personal property that qualifies for exemption from
taxation under section 5709.72 of the Revised Code;
(30)(23) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(31)(24) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(32)(25) The sale, lease, repair, and maintenance of, parts
for,
or items attached to or incorporated in, licensed motor
vehicles
that
are
primarily used on highways, roadways, streets, or any similar public thoroughfares for transporting tangible personal property by
a
person engaged in highway transportation for hire;
(33) Sales to the state headquarters of any veterans'
organization in
this state that is either incorporated and
issued
a
charter by the congress of the United States or is
recognized by
the United States veterans administration, for use
by the
headquarters;
(34)(26) Sales to a telecommunications service, cable and satellite television service, or mobile telecommunications service vendor of
tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, one- or two-way electromagnetic communications, including
voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and
media, and component parts for the tangible personal property.
An exemption under this division cannot be claimed on any tangible personal property that is part of, an operating supply for, or a repair or replacement part for, an air or noise pollution control facility certified under section 5709.21 of the Revised Code. The exemption provided in this division (B)(34) of this section
shall
be in lieu of all other exceptions under division (E)(2) of
section 5739.01 of the Revised Code to which a telecommunications
service the vendor may otherwise be entitled, based upon the use of
the
thing purchased in providing the telecommunications service, cable and satellite television service, and mobile telecommunications service.
(35)(27) Sales of investment metal bullion and investment
coins.
"Investment metal bullion" means any elementary precious
metal
that has been put through a process of smelting or
refining,
including, but not limited to, gold, silver, platinum,
and
palladium, and which is in such state or condition that its
value
depends upon its content and not upon its form.
"Investment metal
bullion" does not include fabricated precious
metal that has been
processed or manufactured for one or
more
specific and customary
industrial, professional, or artistic
uses.
"Investment coins"
means numismatic coins or other forms
of money and legal tender
manufactured of gold, silver, platinum,
palladium, or other metal
under the laws of the United States or
any foreign nation with a
fair market value greater than any
statutory or nominal value of
such coins.
(36)(28)(a) Sales where the purpose of the consumer is to use
or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift
certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(36)(28)(a) of this section; and of
equipment
such as telephones, computers, facsimile machines, and
similar
tangible personal property primarily used to accept
orders for
direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration
and dispense it to the consumer.
For purposes of division (B)(36)(28) of this section,
"direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the
tangible personal property sold to the consumer from a
warehouse,
catalogue distribution center, or similar fulfillment
facility by
means of the United States mail, delivery service, or
common
carrier.
(37)(29) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(38) The sale of a motor vehicle that is used exclusively
for a vanpool
ridesharing arrangement to persons participating in
the vanpool ridesharing
arrangement when the vendor is selling the
vehicle pursuant to a contract
between the vendor and the
department of transportation;
(39)(30) Sales of personal computers, computer monitors,
computer keyboards,
modems, and other peripheral computer
equipment to an individual who is
licensed or certified to teach
in an elementary or a secondary school in this
state for use by
that individual in preparation for teaching elementary or
secondary school students;
(40) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated
in motor racing vehicles, including
engines, chassis, and all
other components of the vehicles, and
all spare, replacement, and
rebuilt parts or components of the
vehicles; except not including
tires, consumable fluids, paint,
and accessories consisting of
instrumentation sensors and
related items added to the vehicle to
collect and transmit data
by means of telemetry and other forms of
communication.
(41)(31) Sales of used manufactured homes and used mobile
homes,
as
defined in section 5739.0210 of the Revised Code, made on or
after
January 1, 2000;
(42)(32) Sales of tangible personal property and services to
a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others,
including property that is or is to be incorporated into
and will become
a part of the consumer's production, transmission,
or distribution
system and that retains its classification as
tangible personal
property after incorporation; fuel or power used
in the
production, transmission, or distribution of electricity;
and
tangible personal property and services used in the repair and
maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially
designed and equipped for such use. Tangible personal property that is part of, an operating supply for, or a repair or replacement part for, an air or noise pollution control facility certified under section 5709.21 of the Revised Code is not used or consumed directly and primarily in generating, transmitting, or distributing electricity. The exemption provided in
this division shall be in lieu of all other exceptions in division
(E)(2) of section 5739.01 of the Revised Code to
which a provider
of electricity may otherwise be entitled based on the use of the
tangible
personal property or service purchased in generating,
transmitting, or
distributing electricity.
(33) Sales to a person providing services under divisions (B)(3)(s) and (t) of section 5739.01 of the Revised Code of tangible personal property and services used directly and primarily in providing taxable services under that section. An exemption under this division cannot be claimed on any tangible personal property that is part of, an operating supply for, or a repair or replacement part for, an air or noise pollution control facility certified under section 5709.21 of the Revised Code;
(34) Sales of telecommunications service that is used directly and primarily to perform the functions of a call center. As used in this division, "call center" means any physical location where telephone calls are placed or received in high volume for the purpose of making sales, marketing, customer service, technical support, or other specialized business activity, and that employs at least fifty individuals that engage in call center activities on a full-time basis, or sufficient individuals to fill fifty full-time equivalent positions. "Call center" does not include any location where telephone calls are primarily placed to or received from the same person, or affiliates of the same person, that owns or operates the location.
For the purpose of the proper administration of this
chapter,
and to prevent the evasion of the tax, it is presumed
that all
sales made in this state are subject to the tax until
the contrary
is established.
As used in this section, except in division (B)(16)(14) of this
section,
"food" includes cereals and cereal products, milk and
milk products including ice cream, meat and meat products, fish
and fish products, eggs and egg products, vegetables and
vegetable
products, fruits, fruit products, and pure fruit
juices,
condiments, sugar and sugar products, coffee and coffee
substitutes, tea, and cocoa and cocoa products. It does not
include: spirituous
liquors, wine, mixed beverages, or
beer;
soft drinks; sodas and
beverages that are ordinarily
dispensed at
or in connection with bars and soda
fountains, other than coffee,
tea, and
cocoa;
root beer
and root beer extracts; malt and malt
extracts;
mineral
oils, cod
liver oils, and halibut liver oil;
medicines,
including
tonics,
vitamin preparations, and other
products sold
primarily
for their
medicinal properties; and water,
including
mineral,
bottled, and
carbonated waters, and ice.
(C) The levy of this tax on retail sales of recreation and
sports
club service shall not prevent a municipal corporation from
levying any tax on
recreation and sports club dues or on any
income generated by recreation and
sports club dues.
Sec. 5739.03. Except as provided in section 5739.05 of the
Revised Code, the tax imposed by or pursuant to section 5739.02,
5739.021, 5739.023, or 5739.026 of the Revised Code shall be paid
by the consumer to the vendor, and each vendor shall collect from
the consumer, as a trustee for the state of Ohio, the full and
exact amount of the tax payable on each taxable sale, in the
manner and at the times provided as follows:
(A) If the price is, at or prior to the provision of the
service or the delivery of possession of the thing sold to the
consumer, paid in currency passed from hand to hand by the
consumer or the consumer's agent to the vendor or
the vendor's
agent, the vendor or
the vendor's agent shall collect the tax with
and at the
same time as the
price;
(B) If the price is otherwise paid or to be paid, the
vendor
or the vendor's agent shall, at or prior to the
provision of the
service or the delivery of possession of the thing sold to the
consumer, charge the tax imposed by or pursuant to section
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to
the account of the consumer, which amount shall be collected by
the vendor from the consumer in addition to the price. Such sale
shall be reported on and the amount of the tax applicable thereto
shall be remitted with the return for the period in which the
sale
is made, and the amount of the tax shall become a legal
charge in
favor of the vendor and against the consumer.
If any sale is claimed to be exempt under division (E) of
section 5739.01 of the Revised Code or under section 5739.02 of
the Revised Code, with the exception of divisions (B)(1) to (11)
or (28)(10) of section 5739.02 of the Revised Code, the
consumer must
furnish to the vendor, and the vendor must obtain from the
consumer, a certificate specifying the reason that the sale is
not
legally subject to the tax. If the transaction is claimed to
be
exempt under division (B)(13)(12) of section 5739.02 of the
Revised
Code, the exemption certificate shall be signed by both
the
contractor and the contractee and such contractee shall
be
deemed
to be the consumer of all items purchased under such claim
of
exemption in the event it is subsequently determined that the
exemption is not properly claimed. The certificate shall be in
such form as the tax commissioner by regulation prescribes. If
no
certificate is furnished or obtained within the period for
filing
the return for the period in which such sale is
consummated, it
shall be presumed that the tax applies. The
Failure to have so
furnished, or to have so obtained, a
certificate shall not prevent
a vendor or consumer from
establishing that the sale is not
subjuct
subject to the tax within
sixty one hundred twenty
days of
the
giving of notice by the commissioner of intention to
levy an
assassment
assessment, in which event the tax shall not apply.
Certificates need not be obtained nor furnished where the
identity of the consumer is such that the transaction is never
subject to the tax imposed or where the item of tangible personal
property sold or the service provided is never subject to the tax
imposed, regardless of use, or when the sale is in interstate
commerce.
(C) As used in this division,
"contractee" means a person
who seeks to enter or enters into a contract or agreement with a
contractor or vendor for the construction of real property or for
the sale and installation onto real property of tangible personal
property.
Any contractor or vendor may request from any contractee a
certification of what portion of the property to be transferred
under such contract or agreement is to be incorporated into the
realty and what portion will retain its status as tangible
personal property after installation is completed. The
contractor
or vendor shall request the certification by certified
mail
delivered to the contractee, return receipt requested. Upon
receipt of such request and prior to entering into the contract
or
agreement, the contractee shall furnish to the contractor or
vendor a certification sufficiently detailed to enable the
contractor or vendor to ascertain the resulting classification of
all materials purchased or fabricated by the contractor or vendor
and transferred to the contractee. This requirement applies to a
contractee regardless of whether the contractee holds a direct
payment permit under section 5739.031 of the Revised Code or
furnishes to the contractor or vendor an exemption certificate as
provided under this section.
For the purposes of the taxes levied by this chapter and
Chapter 5741. of the Revised Code, the contractor or vendor may
in
good faith rely on the contractee's certification.
Notwithstanding
division (B) of section 5739.01 of the Revised
Code, if the tax
commissioner determines that certain property
certified by the
contractee as tangible personal property
pursuant to this division
is, in fact, real property, the
contractee shall be considered to
be the consumer of all
materials so incorporated into that real
property and shall be
liable for the applicable tax, and the
contractor or vendor shall
be excused from any liability on those
materials.
If a contractee fails to provide such certification upon
the
request of the contractor or vendor, the contractor or vendor
shall comply with the provisions of this chapter and Chapter
5741.
of the Revised Code without the certification. If the tax
commissioner determines that such compliance has been performed
in
good faith and that certain property treated as tangible
personal
property by the contractor or vendor is, in fact, real
property,
the contractee shall be considered to be the consumer
of all
materials so incorporated into that real property and
shall be
liable for the applicable tax and the construction
contractor or
vendor shall be excused from any liability on those
materials.
This division does not apply to any contract or agreement
where the tax commissioner determines as a fact that a
certification under this division was made solely on the decision
or advice of the contractor or vendor.
(D) Notwithstanding division (B) of section 5739.01 of the
Revised Code, whenever the total rate of tax imposed under this
chapter is increased after the date after a construction contract
is entered into, the contractee shall reimburse the construction
contractor for any additional tax paid on tangible property
consumed or services received pursuant to the contract.
(E) A vendor who files a petition for reassessment
contesting the assessment of tax on sales for which the
vendor
obtained no valid exemption certificates and for which the
vendor
failed to establish that the sales were properly not
subject to
the tax during the one-hundred-twenty-day
period allowed under
division (B) of this section, may present to the tax commissioner
additional evidence to prove that the sales were properly subject
to a claim of exception or exemption. The vendor shall file such
evidence within ninety days of the receipt by the vendor of the
notice of assessment, except that, upon application and for
reasonable cause, the period for submitting such evidence shall
be
extended thirty days.
The commissioner shall consider such additional evidence in
reaching the final determination on the assessment and petition
for reassessment.
(F) Whenever a vendor refunds to the consumer the full
price
of an item of tangible personal property on which the tax
imposed
under this chapter has been paid, the vendor shall
also refund
the
full amount of the tax paid.
Sec. 5739.071. (A) The tax commissioner shall refund to a
provider that makes sales of electronic information services twenty-five per cent
of the tax it pays pursuant to this chapter or Chapter 5741. of
the Revised Code on purchases made on or after July 1, 1993, of
computers, computer peripherals, software, telecommunications
equipment, and similar tangible personal property, primarily used
to acquire, process, or store information for use by business
customers or to transmit or disseminate such information to such
customers, the services of installing or repairing such property,
and agreements to repair or maintain such property. Business customers do not include members of an affiliated group, as described in division (B)(3)(e) of section 5739.01 of the Revised Code, of which the electronic information service provider is also a member. Applications
for a refund shall be made in the same manner and subject to the
same time limitations as provided in sections 5739.07 and 5741.10
of the Revised Code.
(B) An electronic information service provider that
maintains direct payment authority under section 5739.031 of the
Revised Code may list on the return and pay tax on seventy-five
per cent of the price of equipment, services, and agreements
described under division (A) of this section, in lieu of seeking a
refund as provided in that division.
Sec. 5739.12. Each (A) Except as provided in division (B) of this section, each person who has or is required to have a
vendor's license, on or before the twenty-third day of each
month,
shall make and file a return for the preceding month, on
forms in an electronic format
prescribed by the tax commissioner, and shall pay electronically, in the manner specified by the commissioner, the tax
shown on
the return to be due. The Nothing in this division shall be construed as affecting section 5739.122 of the Revised Code, and that section takes precedence over this section.
(B) Unless the commissioner adopts rules under section 5703.054 of the Revised Code that require vendors to file returns in an electronic format or make payments electronically, a vendor, on or before the tenth day of each month, shall file a return for the preceding month on paper forms prescribed by the tax commissioner and shall pay the tax shown on the return to be due.
(C)(1) The return shall show the amount
of tax due
from the vendor to the state for the period covered by
the return
and such other information as the commissioner deems
necessary for
the proper administration of this chapter. The
commissioner may
extend the time for making and filing returns
and paying the tax,
and may require that the return for the last
month of any annual
or semiannual period, as determined by the
commissioner, be a
reconciliation return detailing the vendor's
sales activity for
the preceding annual or semiannual period.
The reconciliation
return shall be filed by the last day of the
month following the
last month of the annual or semiannual
period. The commissioner
may remit all or any part of amounts or
penalties which that may become
due under this chapter, and may adopt
rules relating thereto. Such
(2) A paper
return filed under division (B) of this section shall be filed by mailing
it to the
tax commissioner,
together with payment of the
amount of tax
shown to be due thereon
after deduction of any
discount provided
for under this section.
Remittance shall be made payable to the
treasurer of state. The paper
return shall be
considered filed when
received by the
tax
commissioner, and the
payment shall be considered made when
received by the
tax commissioner or when credited to an account
designated
by the
treasurer of state
or the tax commissioner. If
(3) A return filed in an electronic format under division (A) of this section is considered filed when transmitted, as prescribed by the commissioner. A payment made electronically under division (A) of this section is considered made when the payment is received by the treasurer of state or credited to an account designated by the treasurer of state for the receipt of tax payments.
(D)(1) If
the return
is filed and the amount of tax
shown thereon to be due
is paid on
or before the date such return
is required to be filed,
the vendor
shall be entitled to a the following
discount of three-fourths of one
per cent
of the amount shown to
be due on the return. Amounts:
(a) A vendor that is required to remit sales taxes by electronic funds transfer under section 5739.122 of the Revised Code is entitled to a discount of one-half of one per cent of the amount shown on the return to be due.
(b) A vendor that is not required to remit sales taxes by electronic funds transfer under section 5739.122 of the Revised Code is entitled to a discount of one per cent of the amount shown on the return to be due.
(2) Notwithstanding division (D)(1) of this section, amounts
paid to the
clerk of courts
pursuant to section 1548.06 or 4505.06 of the
Revised Code
shall be subject
to the three-fourths of one per cent a
discount of one-half of one per cent.
The discount shall be in
consideration for prompt
payment to the
clerk of courts and for
other services performed by
the vendor in
the collection of the
tax.
(E) Upon application to the commissioner, a vendor who is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
tax
commissioner payment of
not
less than an amount determined by the
commissioner to be the
average monthly tax liability of the
vendor, based upon a review
of the returns or other information
pertaining to such vendor for
a period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed by
mailing
or delivering
it to the
tax commissioner,
together with payment
of the amount of tax
shown to be due
thereon after deduction of
any discount provided
in this section.
Remittance shall be made
payable to the treasurer
of state.
Failure of a vendor to comply
with any of the above
conditions
may result in immediate
reinstatement of the
requirement of
reporting and paying the
actual tax liability on
each monthly
return, and the commissioner
may at the
commissioner's
discretion deny the vendor the right to
report and
pay based upon the average
monthly
liability for a
period not to
exceed two years. The amount
ascertained by the
commissioner to be the average monthly tax
liability of a vendor
may be adjusted, based upon a review of the
returns or other
information pertaining to the vendor for a
period of not less than
six months nor more than two years
preceding such adjustment.
(F) The commissioner may authorize vendors whose tax liability
is
not such as to merit monthly returns, as
ascertained by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns
are filed at less frequent intervals in accordance with
such
authorization, the vendor shall be allowed
the discount of
three-fourths of one per cent in consideration for
prompt payment
with the return, provided the return is filed
together with
payment of the amount of tax shown to be due
thereon, at the time
specified by the commissioner.
(G) Any vendor who fails to
file a
return or pay the full amount
of the tax shown on the
return to
be due under this section and
the rules of the
commissioner
may, for each such return the vendor
fails to file or
each
such tax the vendor fails to pay in full as
shown on the
return within the period
prescribed by this section
and the rules
of the commissioner,
be required to forfeit and pay
into the state
treasury an additional
charge not exceeding
fifty
dollars or ten
per cent of the tax required to be paid for
the
reporting period,
whichever is greater, as revenue arising
from
the tax imposed by
this chapter, and such sum may be
collected by
assessment in the
manner provided in section 5739.13
of the
Revised Code. The
commissioner may remit all or a portion
of the
additional charge
and may adopt rules relating to
the imposition
and remission of
the additional charge.
(H) If the amount required to be collected by a vendor from
consumers is in excess of five per cent of the vendor's
receipts
from
sales which are taxable under section 5739.02 of the Revised
Code, or in the case of sales subject to a tax levied pursuant to
section 5739.021, 5739.023, or 5739.026 of the Revised Code, in
excess of the percentage equal to the aggregate rate of such
taxes
and the tax levied by section 5739.02 of the Revised Code,
such
excess shall be remitted along with the remittance of the
amount
of tax due under section 5739.10 of the Revised Code.
(I) The commissioner, if the commissioner deems it necessary in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods. The returns shall be signed by the vendor or the
vendor's authorized agent.
(J) Any vendor required to file a return and pay the tax under
this section whose total payment in any year indicated in
division
(A) of section 5739.122 of the Revised Code equals or
exceeds the
amount shown in that division shall make each payment
required by
this section in the second ensuing and each
succeeding year by
electronic funds transfer as prescribed by
section 5739.122 of the
Revised Code, except as otherwise
prescribed by that section.
(K) The commissioner may require any vendor that operates from multiple locations or has multiple vendor's licenses to report all tax liability on one consolidated return.
Sec. 5739.17. (A) No person shall engage in making retail
sales subject to a tax imposed by or pursuant to section 5739.02,
5739.021, 5739.023, or 5739.026 of the Revised Code as a business
without having a license therefor, except as otherwise provided
in
divisions (A)(1), (2), and (3) of this section.
(1) In the dissolution of a partnership by death, the
surviving partner may operate under the license of the
partnership
for a period of sixty days.
(2) The heirs or legal representatives of deceased
persons,
and receivers and trustees in bankruptcy, appointed by
any
competent authority, may operate under the license of the
person
so succeeded in possession.
(3) Two or more persons who are not partners may operate a
single place of business under one license. In such case neither
the retirement of any such person from business at that place of
business, nor the entrance of any person, under an existing
arrangement, shall affect the license or require the issuance of
a
new license, unless the person retiring from the business is
the
individual named on the vendor's license.
Except as otherwise provided in this section, each
applicant
for a license shall make out and deliver to the county
auditor of
each county in which the applicant desires to
engage in business,
upon a blank to be furnished by such auditor for that purpose, a
statement showing the name of the applicant, each place of
business in the county where the applicant will make retail
sales,
the nature of the business, and any other information the
tax
commissioner reasonably prescribes in the form of a statement
prescribed by the commissioner.
At the time of making the application, the applicant shall
pay into the county treasury a license fee in the sum of
twenty-five dollars for each fixed place of business in the
county
that will be the situs of retail sales.
Upon receipt of
the
application and exhibition of the county
treasurer's receipt,
showing the payment of the license fee, the
county auditor shall
issue to the applicant a license for each
fixed place of business
designated in the application, authorizing
the applicant to
engage
in business at that location. If a
vendor's identity
changes,
the
vendor
shall apply for a new
license. If a vendor wishes to move
an existing
fixed place of
business to a new location within the
same county, the vendor
shall obtain a new vendor's license or
submit a request to the tax
commissioner to
transfer the existing
vendor's license to the new
location. When the new
location has
been verified as being within
the same county, the
commissioner
shall authorize the transfer
and notify the county
auditor of the
change of location. If a
vendor wishes to move an
existing fixed
place of
business to
another county, the vendor's
license shall
not transfer and the
vendor shall obtain a new
vendor's license
from the county in
which the
business is to be
located. The form
of the license
shall be
prescribed by the
commissioner. The fees
collected shall
be
credited to the general
fund of the county.
A vendor that makes retail sales subject to tax under Chapter
5739. of the Revised Code pursuant to a permit issued by the
division of liquor control shall obtain a vendor's license in the
identical
name and for the identical address as shown on the
permit.
Except as otherwise provided in this section, if a vendor
has
no fixed place of business and sells from a vehicle, each
vehicle
intended to be used within a county constitutes a place
of
business for the purpose of this section.
(B) As used in this division,
"transient vendor" means any
person who
makes sales of tangible personal property from vending
machines located on land owned by others, who leases titled motor
vehicles, titled watercraft, or
titled outboard motors, who
effectuates leases that are taxed according to division (H)(4) of
section 5739.01 of the Revised Code, or
who, in
the usual course
of the
person's
business, transports inventory,
stock of goods, or
similar
tangible
personal property to a
temporary place of
business
or temporary exhibition, show, fair,
flea market, or
similar event in a
county in
which the person has
no fixed place
of business, for the
purpose of
making retail sales
of such
property. A
"temporary
place of
business" means any
public or
quasi-public place
including, but
not limited to, a
hotel, rooming
house, storeroom,
building, part
of a building,
tent, vacant lot,
railroad car, or
motor vehicle
that is
temporarily occupied for
the purpose of
making retail
sales of
goods to the public. A
place of business
is not
temporary if the
same person conducted
business at the
place
continuously for more
than six months or
occupied the
premises
as the person's permanent
residence for more
than six
months, or if the
person intends it to
be a fixed place
of
business.
Any transient vendor, in lieu of obtaining a vendor's
license
under division (A) of this section for counties in which
the
transient vendor has no fixed place of business, may
apply to the
tax commissioner, on a form prescribed by the commissioner,
for a
transient
vendor's license. The transient vendor's license
authorizes the
transient vendor to make retail sales in any county
in which the
transient vendor does not maintain a fixed place of
business. Any holder
of a transient vendor's license shall not be
required to obtain a separate
vendor's license from the county
auditor in that county. Upon the
commissioner's determination
that an applicant is a
transient vendor, the applicant shall pay a
license fee in the
amount of twenty-five dollars, at which time
the tax
commissioner
shall issue the license. The tax
commissioner may require a
vendor to be licensed as a transient
vendor if, in the opinion of
the commissioner, such licensing is
necessary for the efficient
administration of the tax.
Any holder of a valid transient vendor's license may make
retail sales at a temporary
place of business or temporary
exhibition, show,
fair, flea market,
or similar event, held
anywhere in the state
without
complying
with any provision of
section 311.37 of the Revised
Code. Any
holder of a valid
vendor's license may make retail
sales as a
transient vendor at a
temporary
place of business or temporary exhibition,
show, fair,
flea
market, or similar event held in any county in which the
vendor
maintains a fixed place of business for which the
vendor
holds a
vendor's
license without obtaining a transient vendor's
license.
(C) As used in this division,
"service vendor" means any
person who, in the usual course of the person's business,
sells
services described in division (B)(3)(e), (f), (g), (h),
(i), (j),
(k), (l), or (m) of section
5739.01 of the Revised Code.
Every service vendor shall make application to the tax
commissioner for a service vendor's license. Each applicant
shall
pay a license fee in the amount of twenty-five dollars.
Upon the
commissioner's determination that an applicant is a
service vendor
and payment of the fee, the commissioner shall
issue the applicant
a service vendor's license.
Only sales described in division (B)(3)(e), (f), (g), (h),
(i), (j), (k), (l), or (m) of
section 5739.01 of the Revised Code
may be made under
authority of a service vendor's license, and
that license
authorizes sales to be made at any place in this
state. Any
service vendor who makes sales of other services or
tangible
personal property subject to the sales tax also shall be
licensed
under division (A), (B), or (D) of this section.
(D) As used in this division,
"delivery vendor" means any
vendor who engages in one or more of the activities described in
divisions (D)(1) to (4) of this section, and who maintains no
store, showroom, or similar fixed place of business or other
location where merchandise regularly is offered for sale or
displayed or shown in catalogs for selection or pick-up by
consumers, or where consumers bring goods for repair or other
service.
(1) The vendor makes retail sales of tangible personal
property;
(2) The vendor rents or leases, at retail, tangible
personal
property, except titled motor vehicles, titled
watercraft, or
titled outboard motors;
(3) The vendor provides a service, at retail, described in
division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the
Revised Code; or
(4) The vendor makes retail sales of warranty, maintenance
or service contracts, or similar agreements as described in
division (B)(7) of section 5739.01 of the Revised Code.
A transient vendor or a seller registered
pursuant to section
5741.17 of the Revised Code is not a delivery
vendor.
Delivery vendors shall apply to the tax commissioner, on a
form prescribed by the commissioner, for a delivery vendor's
license. Each applicant shall pay a license fee of twenty-five
dollars for each delivery vendor's license, to be credited to the
general revenue fund. Upon the commissioner's determination that
the applicant is a delivery vendor, the commissioner shall issue
the license. A delivery vendor's license authorizes retail sales
to be made throughout the state. All sales of the vendor must be
reported under the delivery license. The commissioner may
require
a vendor to be licensed as a delivery vendor if, in the
opinion of
the commissioner, such licensing is necessary for the
efficient
administration of the tax. The commissioner shall not
issue a
delivery vendor license to a vendor who holds a license
issued
under division (A) of this section.
(E) Any transient vendor who is issued a
license pursuant to
this section shall display the license or a
copy of it
prominently, in plain view, at every place of business
of the
transient vendor. Every owner, organizer, or
promoter who
operates a fair, flea market, show, exhibition,
convention, or
similar event at which transient
vendors are present shall keep a
comprehensive record of all such
vendors, listing the vendor's
name, permanent address, vendor's
license number, and the type of
goods sold. Such records shall
be kept for four years and shall
be open to inspection by the tax
commissioner.
(F) A vendor that makes retail sales subject to tax under Chapter 5739. of the Revised Code pursuant to a permit issued by the division of liquor control shall obtain a vendor's license in the identical name and for the identical address as shown on the permit.
(G)(1) As used in division (G) of this section, "Ohio business gateway" means the on-line computer network system, initially created by the department of administrative services under section 125.30 of the Revised Code that allows private businesses to electronically file business reply forms with state agencies.
(2) For applicants required by this section to obtain licenses from the tax commissioner, the commissioner may provide them with the opportunity to use, or require the use of, the Ohio business gateway, or any successor electronic filing and payment system, to apply for licenses and pay license fees, if any.
(3) Beginning January 1, 2005, the commissioner may provide any applicant required by this section to obtain a license from the county auditor with the opportunity to use the Ohio business gateway, or any successor electronic filing and payment system, to apply for the license and pay the license fee, if any. An applicant that files an application in this manner shall not make application to the county auditor and shall not pay into the county treasury the license fee. The commissioner shall issue the appropriate license for which the applicant applied, and the license shall authorize the applicant to engage in business as is appropriate under this section for the type of license issued.
Sec. 5739.33. If any corporation, limited liability company, or business
trust
required to file returns and to remit tax due to the state under
this chapter, including a holder of a direct payment permit under section 5739.031 of the Revised Code, fails for any reason to make the
filing or payment, any of its employees having control or
supervision of or charged with the responsibility of filing
returns and making payments, or any of its officers, members, managers, or
trustees
who are responsible for the execution of the corporation's, limited liability
company's, or
business trust's fiscal responsibilities, shall be personally
liable for the failure. The dissolution, termination, or
bankruptcy of a corporation, limited liability company, or business trust
shall not discharge
a responsible officer's, member's, manager's, employee's, or trustee's
liability for a
failure of the corporation, limited liability company, or business trust to
file returns or
remit tax due. The sum due for the liability may be collected by
assessment in the manner provided in section 5739.13 of the
Revised Code.
Sec. 5741.01. As used in this chapter:
(A)
"Person" includes individuals, receivers, assignees,
trustees in bankruptcy, estates, firms, partnerships,
associations, joint-stock companies, joint ventures, clubs,
societies, corporations, limited liability partnerships, limited liability companies, business trusts, governments, and
combinations of individuals of any form.
(B)
"Storage" means and includes any keeping or retention
in
this state for use or other consumption in this state.
(C)
"Use" means and includes the exercise of any right or
power incidental to the ownership of the thing used. A thing is
also
"used" in this state if its consumer gives or otherwise
distributes it, without charge, to recipients in this state.
(D)
"Purchase" means acquired or received for a
consideration, whether such acquisition or receipt was effected
by
a transfer of title, or of possession, or of both, or a
license to
use or consume; whether such transfer was absolute or
conditional,
and by whatever means the transfer was effected; and
whether the
consideration was money, credit, barter, or exchange.
Purchase
includes production, even though the article produced
was used,
stored, or consumed by the producer. The transfer of
copyrighted
motion picture films for exhibition purposes is not a
purchase,
except such films as are used solely for advertising
purposes.
(E)
"Seller" means the person from whom a purchase is
made,
and includes every person engaged in this state or
elsewhere in
the business of selling tangible personal property
or providing a
service for storage, use, or other consumption or
benefit in this
state; and when, in the opinion of the tax
commissioner, it is
necessary for the efficient administration of
this chapter, to
regard any salesman, representative, peddler, or
canvasser as the
agent of a dealer, distributor, supervisor, or
employer under whom
the person operates, or from whom
the person obtains
tangible
personal property, sold by
the person for storage,
use, or
other
consumption in this state, irrespective of whether
or not
the
person is
making such sales on
the person's own
behalf, or on
behalf
of such dealer,
distributor, supervisor, or
employer, the
commissioner may regard
the person as such
agent, and may regard
such dealer,
distributor,
supervisor, or
employer as the seller.
"Seller" does not include
any person to
the extent the person
provides a communications
medium, such as,
but not limited to,
newspapers, magazines,
radio, television, or
cable television, by
means of which sellers
solicit purchases of
their goods or
services.
(F)(1)
"Consumer" means any person who has purchased tangible
personal property or has been provided a service for storage,
use,
or other consumption or benefit in this state.
"Consumer"
does
not
include a person who receives, without charge, tangible
personal
property or a service.
(2) A person who performs a facility management or similar
service contract for a contractee is a consumer of all tangible
personal property and services purchased for use in connection
with the performance of such contract, regardless of whether
title
to any such property vests in the contractee. The purchase
of
such property and services is not subject to the exception for
resale under division (E)(1) of section 5739.01 of the Revised
Code.
(3)(a) As used in division (F)(3) of this section, "qualifying affiliated group member," "another qualifying affiliated group member," and "unrelated third party" have the same meanings as in division (D)(6) of section 5739.01 of the Revised Code.
(b) A qualifying affiliated group member that purchases tangible personal property for sale, lease, or rental to another qualifying affiliated group member for any reason other than that member's resale, re-lease, or re-rental to an unrelated third party, as determined under divisions (D)(6)(c)(i), (ii), and (iii) and (D)(6)(d) of section 5739.01 of the Revised Code, is the consumer of the property for that sale, lease, or rental and is not entitled to claim an exception for resale with respect to that purchase, as otherwise permitted by division (E)(1) of section 5739.01 of the Revised Code, in conjunction with section 5741.02 of the Revised Code. The consumer may claim any other exemption or exception that would be available to the qualifying affiliated group member to whom the property is sold, leased, or rented, as if that member had purchased, leased, or rented that property from an unrelated third party.
(c) A qualifying affiliated group member that purchases, leases, or rents tangible personal property from another qualifying affiliated group member is the consumer of the property purchased, leased, or rented.
(G)(1)
"Price," except in the case of watercraft, outboard
motors, or new motor vehicles, means the aggregate value in money
of anything paid or delivered, or promised to be paid or
delivered, by a consumer to a seller in the complete performance
of the transaction by which tangible personal property has been
purchased or a service has been provided for storage, use, or
other consumption or benefit in this state, without any deduction
or exclusion on account of the cost of the property sold, cost of
materials used, labor or service cost, interest, discount paid or
allowed after the sale is consummated, or any other expense. If
the transaction consists of the rental or lease of tangible
personal property,
"price" means the aggregate value in money of
anything paid or delivered, or promised to be paid or delivered
by
the lessee to the lessor, in the complete performance of the
rental or lease, without any deduction or exclusion of tax,
interest, labor or service charge, damage liability waiver,
termination or damage charge, discount paid or allowed after the
lease is consummated, or any other expense.
Except as provided
in
division (G)(6) of this section, the tax shall be
calculated
and
collected by the lessor on each payment made by
the
lessee.
If
a
consumer produces the tangible personal
property
used by
the
consumer, the price is the produced
cost of such
tangible
personal
property.
"Price" does not include delivery charges that are
separately stated on the initial invoice or initial billing
rendered by the seller.
The tax collected by the seller from
the
consumer under
this
chapter is not a part of the price, but
is a
tax
collection
for
the benefit of the state, and of counties
levying
an
additional
use tax pursuant to section 5741.021 or
5741.023 of
the
Revised
Code and of transit authorities levying
an
additional
use
tax
pursuant to section 5741.022 of the Revised
Code and,
except
for
the discount authorized under section
5741.12
of the
Revised
Code
and the effects of any rounding pursuant to section 5703.055 of
the Revised Code,
no person other than the state or
such a
county
or
transit
authority shall derive any benefit from
the
collection
or
payment
of such tax.
As used in division (G)(1) of this section, "delivery
charges" means charges by the seller for preparation and delivery
to a location designated by the consumer of tangible personal
property or a service, including transportation, shipping,
postage, handling, crating, and packing.
(2) In the case of watercraft, outboard motors, or new
motor
vehicles,
"price" has the same meaning as in division (H)
of
section 5739.01 of the Revised Code.
(3) In the case of a nonresident business consumer that
purchases and uses tangible personal property outside this state
and subsequently temporarily stores, uses, or otherwise consumes
such tangible personal property in the conduct of business in
this
state, the consumer or the tax commissioner may determine
the
price based on the value of the temporary storage, use, or
other
consumption, in lieu of determining the price pursuant to
division
(G)(1) of this section. A price determination made by
the
consumer is subject to review and redetermination by the
commissioner.
(4) In the case of tangible personal property held in this
state as inventory for sale or lease, and that is temporarily
stored, used, or otherwise consumed in a taxable manner, the
price
is the value of the temporary use. A price determination
made by
the consumer is subject to review and redetermination by
the
commissioner.
(5) In the case of tangible personal property originally
purchased and used by the consumer outside this state, and that
becomes permanently stored, used, or otherwise consumed in this
state more than six months after its acquisition by the consumer,
the consumer or the commissioner may determine the price
based
on
the current value of such tangible personal property, in
lieu
of
determining the price pursuant to division (G)(1) of this
section.
A price determination made by the consumer is subject
to
review
and redetermination by the commissioner.
(6) In the case of the purchase or lease of any motor vehicle
designed by the manufacturer to carry a load of not more than one
ton,
watercraft, outboard motor, or aircraft, or the lease of any
tangible personal property, other than motor vehicles designed by
the manufacturer to carry a load of more than one ton, to be used
by the lessee primarily for business purposes, the tax shall be
collected by the vendor at the time the lease is consummated and
calculated by the vendor on the basis of the total amount to be
paid by the lessee under the lease agreement. If the total amount
of the consideration for the lease includes amounts that are not
calculated at the time the lease is executed, the tax shall be
calculated and collected by the vendor at the time such amounts
are billed to the lessee. In the case of an open-end lease, the
tax shall be calculated by the vendor on the basis of the total
amount to be paid during the initial fixed term of the lease, and
then for each subsequent renewal period as it comes due. In the case of a lease with a renewal clause and a termination penalty or similar provision that applies if the renewal clause is not exercised, the tax shall be calculated and paid by the vendor on the basis of the entire length of the lease period, including any renewal period, until the termination penalty or similar provision no longer applies. As used
in division
(G)(6) of this section only, "motor vehicle" has the
same meaning as in
section 4501.01 of the Revised Code.
(H)
"Nexus with this state" means that the seller engages
in
continuous and widespread solicitation of purchases from
residents
of this state or otherwise purposefully directs its
business
activities at residents of this state.
(I)
"Substantial nexus with this state" means that the
seller
has sufficient contact with this state, in accordance with
Section
8 of Article I of the Constitution of the United States,
to allow
the state to require the seller to collect and remit use
tax on
sales of tangible personal property or services made to
consumers
in this state.
"Substantial nexus with this state"
exists when the
seller, or another person acting on behalf of the seller, does any of the following:
(1) Maintains a place of business within this state,
whether
operated by employees or agents of the seller, by a
member of an
affiliated group, as described in division (B)(3)(e)
of section
5739.01 of the Revised Code, of which the seller is a
member, or
by a franchisee using a trade name of the seller;
(2) Regularly has employees, agents, representatives,
solicitors, installers, repairmen, salesmen, agents, or other individuals
in this state for the purpose of conducting the business of engaging in any activity that creates, develops, or maintains a market for the
seller;
(3) Uses a person in this state for the purpose of
receiving
or processing orders of the seller's goods or services, accepting returns of merchandise purchased from the seller, or providing repair or warranty services to the seller's customers;
(4) Makes regular deliveries of tangible personal property
into this state by means other than common carrier, or by common carrier, if the carrier is a member with the seller in an affiliated group, as described in division (B)(3)(e) of section 5739.01 of the Revised Code;
(5) Has membership in an affiliated group, as described in
division (B)(3)(e) of section 5739.01 of the Revised Code, at
least one other member of which has substantial nexus with this
state, where the member benefits the seller in any of the following ways:
(a) Does anything listed in divisions (I)(1) to (8) of this section on behalf of the seller;
(b) Uses an identical or substantially similar name, trade name, or trademark, or the seller's goodwill to develop, promote, or maintain sales;
(c) Shares a common business plan or substantially coordinates its business plan with the seller;
(6) Owns tangible personal property that is rented or
leased
to a consumer in this state, or offers tangible personal
property,
on approval, to consumers in this state;
(7)
Except as provided in section 5703.65 of the Revised
Code, is registered with the secretary of state to do
business
in
this state or is registered or licensed by any state
agency,
board, or commission to transact business in this state
or to make
sales to persons in this state;
(8) Has any other contact with this state that would allow
this state to require the seller to collect and remit use tax
under Section 8 of Article I of the Constitution of the United
States.
(J)
"Fiscal officer" means, with respect to a regional
transit authority, the secretary-treasurer thereof, and with
respect to a county which is a transit authority, the fiscal
officer of the county transit board appointed pursuant to section
306.03 of the Revised Code or, if the board of county
commissioners
operates the county transit system, the county
auditor.
(K)
"Territory of the transit authority" means all of the
area included within the territorial boundaries of a transit
authority as they from time to time exist. Such territorial
boundaries must at all times include all the area of a single
county or all the area of the most populous county which is a
part
of such transit authority. County population shall be
measured by
the most recent census taken by the United States
census bureau.
(L)
"Transit authority" means a regional transit authority
created pursuant to section 306.31 of the Revised Code or a
county
in which a county transit system is
created pursuant to
section
306.01 of the Revised Code. For the purposes of this
chapter, a
transit authority must extend to at least the entire
area of a
single county. A transit authority which includes
territory in
more than one county must include all the area of
the most
populous county which is a part of such transit
authority. County
population shall be measured by the most
recent census taken by
the United States census bureau.
(M)
"Providing a service" has the same meaning as in
division
(X) of section 5739.01 of the Revised Code.
(N)
"Other consumption" includes receiving the benefits of
a
service.
(O) "Lease" means any transfer for a consideration of the
possession of and right to use, but not title to, tangible
personal property for a fixed period of time greater than
thirty
days or for an open-ended period of time with
a
minimum fixed
period of more than
thirty days.
(P) "Certified service provider" has the same meaning as in
section 5740.01 of the Revised Code.
Sec. 5741.02. (A) For the use of the general revenue fund
of the state, an excise tax is hereby levied on the storage, use,
or other consumption in this state of tangible personal property
or the benefit realized in this state of any service provided.
The
tax shall be collected pursuant to the schedules in section
5739.025 of the Revised Code.
(B) Each consumer, storing, using, or otherwise consuming
in
this state tangible personal property or realizing in this
state
the benefit of any service provided, shall be liable for the
tax,
and such liability shall not be extinguished until the tax
has
been paid to this state; provided, that the consumer shall be
relieved from further liability for the tax if the tax has been
paid to a seller in accordance with section 5741.04 of the
Revised
Code or prepaid by the seller in accordance with section
5741.06
of the Revised Code.
(C) The tax does not apply to the storage, use, or
consumption in this state of the following described tangible
personal property or services, nor to the storage, use, or
consumption or benefit in this state of tangible personal
property
or services purchased under the following described
circumstances:
(1) When the sale of property or service in this state is
subject to the excise tax imposed by sections 5739.01 to 5739.31
of the Revised Code, provided said tax has been paid;
(2) Except as provided in division (D) of this section,
tangible personal property or services, the acquisition of which,
if made in Ohio, would be a sale not subject to the tax imposed
by
sections 5739.01 to 5739.31 of the Revised Code;
(3) Property or services, the storage, use, or other
consumption of or benefit from which this state is prohibited
from
taxing by the Constitution of the
United States, laws of the
United States, or the Constitution of this
state. This exemption
shall not exempt from the application of the tax imposed by this
section the storage, use, or consumption of tangible personal
property that was purchased in interstate commerce, but
that has
come to rest in this state, provided that fuel to
be used or
transported in carrying on interstate commerce that is
stopped
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section
5739.02 of the Revised Code;
(4) Transient use of tangible personal property in this
state by a nonresident tourist or vacationer, or a non-business
use within this state by a nonresident of this state, if the
property so used was purchased outside this state for use outside
this state and is not required to be registered or licensed under
the laws of this state;
(5) Tangible personal property or services rendered upon
which taxes have been paid to another jurisdiction to the extent
of the amount of the tax paid to such other jurisdiction. Where
the amount of the tax imposed by this section and imposed
pursuant
to section 5741.021, 5741.022, or 5741.023 of the
Revised Code
exceeds the amount paid to another jurisdiction, the
difference
shall be allocated between the tax imposed by this
section and any
tax imposed by a county or a transit authority
pursuant to section
5741.021, 5741.022, or 5741.023 of the
Revised Code, in proportion
to the respective rates of such
taxes.
As used in this subdivision,
"taxes paid to another
jurisdiction" means the total amount of retail sales or use tax
or
similar tax based upon the sale, purchase, or use of tangible
personal property or services rendered legally, levied by and paid
to another state or political subdivision thereof, or to the
District of Columbia, where the payment of such tax does not
entitle the taxpayer to any refund or credit for such payment.
(6) The transfer of a used manufactured home or used mobile
home,
as defined by section 5739.0210 of the Revised Code,
made on
or after January 1, 2000;
(7) Drugs that are or are intended to be distributed free of
charge to a
practitioner licensed to prescribe, dispense, and
administer drugs to a human
being in the course of a professional
practice and that by law may be
dispensed only by or upon the
order of such a practitioner.
(D) The tax applies to the storage, use, or other
consumption in this state of tangible personal property or
services, the acquisition of which at the time of sale was
excepted under division (E)(1) of section 5739.01 of the Revised
Code from the tax imposed by section 5739.02 of the Revised Code,
but which has subsequently been temporarily or permanently
stored,
used, or otherwise consumed in a taxable manner.
(E) If any transaction is claimed to be exempt under
division (E)
of
section 5739.01 of the Revised Code or under
section 5739.02
of the Revised Code, with the exception of
divisions (B)(1) to (11)
or (28)(10) of section 5739.02 of the Revised
Code, the consumer shall
furnish to the seller, and the seller
shall obtain from the consumer, a
certificate specifying the
reason that the transaction is
not subject to the tax. If the
transaction is claimed to be exempt under
division (B)(13)(12) of
section 5739.02 of the Revised Code,
the exemption certificate
shall be signed by both the contractor and
contractee, and the
contractee shall be deemed to be the consumer of all items
purchased
under the claim of exemption if it is subsequently
determined that
the exemption is not properly claimed. The
certificate shall be
in such form as the tax commissioner by rule
prescribes. If no
certificate is furnished or obtained within the
period for filing
the return for the period in which the
transaction is consummated,
it shall be presumed that the tax
applies. The failure to have so
furnished or obtained a
certificate shall not preclude a seller or
consumer from
establishing, within one hundred twenty days of the
giving of
notice by the commissioner of intention to levy an
assessment,
that the transaction is not subject to the tax.
(F) A seller who files a petition for reassessment
contesting the
assessment of tax on transactions for which the
seller obtained no valid
exemption certificates and for which the
seller failed
to establish that the transactions were not subject
to the tax
during the one-hundred-twenty-day period allowed under
division
(E) of this section may present to the tax commissioner
additional
evidence to prove that the transactions were exempt.
The seller
shall file such evidence within ninety days of the
receipt by the
seller of the notice of assessment, except that,
upon application
and for reasonable cause, the tax commissioner
may extend the
period for submitting such evidence thirty days.
(G) For the purpose of the proper administration of
sections
5741.01 to 5741.22 of the Revised Code, and to prevent
the evasion
of the tax hereby levied, it shall be presumed that
any use,
storage, or other consumption of tangible personal
property in
this state is subject to the tax until the contrary
is
established.
(H)(1) As used in division (H)(2) of this section, "qualifying affiliated group member" and "another qualifying affiliated group member" have the same meanings as in division (D)(6) of section 5739.01 of the Revised Code.
(2) A qualifying affiliated group member that purchases, leases, or rents tangible personal property from another qualifying affiliated group member may credit against the tax due under this section or section 5741.021, 5741.022, or 5741.023 of the Revised Code, up to the amount of the tax due, any sales, use, or other similar tax paid to this state or to any other state by the other qualifying affiliated group member on the purchase, lease, or rental of the property.
Sec. 5741.25. If any corporation, limited liability company, or business trust registered or required to be registered under section 5741.17 of the Revised Code and required to file returns and remit tax due to the state under this chapter fails for any reason to make the filing or payment, any of its employees having control or supervision of or charged with the responsibility of filing returns and making payments, or any of its officers, members, managers, or trustees who are responsible for the execution of the corporation's, limited liability company's, or business trust's fiscal responsibilities, shall be personally liable for the failure. The dissolution, termination, or bankruptcy of a corporation, limited liability company, or business trust shall not discharge a responsible officer's, member's, manager's, employee's, or trustee's liability for a failure of the corporation, limited liability company, or business trust to file returns or remit tax due. The sum due for the liability may be collected by assessment in the manner provided in section 5741.11 or 5741.13 of the Revised Code.
Sec. 5743.02. To provide revenues for the general revenue
fund, an excise tax on sales of
cigarettes is hereby levied at the
rate of
twenty-seven and one-half
fifty mills on each cigarette.
Only one sale of the same article shall be used in
computing
the amount of tax due.
The treasurer of state shall place to the credit of the tax
refund fund created by section 5703.052 of the Revised Code, out
of receipts from the tax levied by this section, amounts equal to
the refunds certified by the tax commissioner pursuant to section
5743.05 of the Revised Code. The balance of taxes collected
under
such section, after the credits to the tax refund fund, shall be
paid
into
the general revenue fund.
Sec. 5743.32. To provide revenue for the general revenue
fund of the state, an excise tax is hereby
levied on the use,
consumption, or storage for consumption of
cigarettes by consumers
in this state at the rate of
twenty-seven and
one-half
fifty mills
on
each cigarette. The tax shall not apply if the
tax
levied by
section 5743.02 of the Revised Code has been paid.
The money received into the state treasury from the excise
tax levied by this section
shall be credited to the general
revenue fund.
Sec. 5745.01. As used in this chapter:
(A)
"Electric company," and
"combined company," and "telephone company" have the same
meanings as in section 5727.01 of the Revised Code.
(B)
"Electric light company" has the same meaning as in
section
4928.01 of the Revised Code, and includes the activities
of a
combined company as an electric company, but excludes
nonprofit companies
and municipal corporations.
(C)
"Taxpayer" means an either of the following:
(1) An electric light company subject to
taxation by a municipal corporation in this state for a taxable
year,
excluding an
electric light company that is not an electric
company or a combined company and for which an election made under
section 5745.031 of the Revised Code is not in effect with respect
to the taxable
year. If such a company is a qualified subchapter
S subsidiary as
defined in section 1361 of the Internal Revenue
Code or a
disregarded entity, the company's parent S corporation
or owner is
the taxpayer for the purposes of this chapter and is
hereby deemed to have
nexus with this state under the Constitution
of the United
States for the purposes of this chapter.
(2) A telephone company subject to taxation by a municipal corporation in this state for a taxable year. A telephone company is subject to taxation under this chapter for any taxable year that begins on or after January 1, 2004. A telephone company with a taxable year beginning in 2003 and ending in 2004 shall compute the tax imposed under this chapter by multiplying the tax owed by the number of days in the taxable year that are in 2004, and dividing that result by the total number of days in the taxable year.
(D)
"Disregarded entity" means an entity that, for its
taxable
year, is by default, or has elected to be, disregarded as
an entity
separate from its owner pursuant to 26 C.F.R.
301.7701-3.
(E)
"Taxable year" of a taxpayer is the taxpayer's taxable
year
for federal income tax purposes.
(F)
"Federal taxable income" means taxable income, before
operating loss deduction and special deductions, as required to be
reported
for the taxpayer's taxable year under the Internal
Revenue
Code.
(G)
"Adjusted federal taxable income" means federal taxable
income adjusted as follows:
(1) Deduct intangible income as defined in section 718.01 of
the Revised Code to the
extent
included in federal taxable income;
(2) Add expenses incurred in the production of such
intangible
income;
(3) If, with respect to a qualifying
taxpayer and a
qualifying asset there
occurs a qualifying taxable event, the
qualifying taxpayer
shall reduce its federal taxable income, as defined in division (F) of this section, by
the amount of the
book-tax differential difference for that qualifying asset
if the book-tax
differential difference is greater than zero, and shall
increase its federal
taxable income by the absolute value of the
amount of the book-tax
differential difference for that qualifying asset if
the book-tax
differential difference is less than zero. The adjustments
provided in
division (G)(3) of this section are
subject to
divisions (B)(3), (4),
and (5) of section 5733.0510 of the
Revised Code to the extent
those divisions apply to the
adjustments in that section for the
taxable year. A taxpayer
shall not deduct or add any amount under division
(G)(3) of this
section
with respect to a qualifying asset the sale, exchange, or
other
disposition of which resulted in the recognition of a gain
or loss
that the taxpayer deducted or added, respectively, under
division (G)(1) or (2) of this section.
For the purposes of division (G)(3) of this section,
"net
income"
has the same meaning as in section 5733.04 of the Revised
Code,
and "book-tax differential difference,"
"qualifying taxpayer,"
"qualifying
asset," and
"qualifying taxable event" have the same
meanings as in
section 5733.0510 of the Revised Code.
(4) Add the amounts described in section 5745.042 of the Revised Code.
If the taxpayer is not a C corporation or an individual, the taxpayer shall compute "adjusted federal taxable income" as if the taxpayer were a C corporation, but with respect to each owner-employee of the taxpayer, amounts paid or accrued to a qualified self-employed retirement plan and amounts paid or accrued to health insurance or life insurance shall not be allowed as a deduction. Nothing in this division shall be construed as allowing the taxpayer to deduct any amount more than once.
(H)
"Internal Revenue Code" means the
"Internal Revenue Code
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1, as amended it existed on December 31, 2001.
(I)
"Ohio net income" means the amount determined under
division
(B) of section 5745.02 of the Revised Code.
Sec. 5745.02. (A) The annual report filed under section
5745.03
of the Revised Code determines a taxpayer's Ohio net
income and
the portion of Ohio net income to be apportioned to a
municipal
corporation.
(B) A taxpayer's Ohio net income is determined by
multiplying the
taxpayer's adjusted
federal taxable income by the
sum of the property factor multiplied
by one-third, the payroll
factor multiplied by one-third, and the sales factor
multiplied by
one-third.
If the denominator of one of the factors is zero, the
remaining two factors
each shall be multiplied by one-half instead
of one-third; if the denominator
of two of the factors is zero,
the remaining factor shall be multiplied by
one.
The property,
payroll, and sales factors shall be determined in the manner
prescribed by divisions (B)(1), (2), and (3) of this section.
(1) The property factor is a fraction, the numerator of
which
is the average value of the taxpayer's real and tangible
personal
property owned or rented, and used in
business in this state
during the taxable year, and the
denominator of which is the
average value of all the
taxpayer's real and tangible personal
property owned or
rented, and used in business everywhere during
such
year.
Property owned by the taxpayer is valued at its
original cost. Property rented by the taxpayer is valued at
eight
times the net annual rental rate.
"Net annual rental rate"
means
the annual rental rate paid by the taxpayer less any
annual rental
rate received by the taxpayer from subrentals.
The average value
of property shall be determined by
averaging the values at the
beginning and the end of the taxable
year, but the tax
commissioner may require the averaging of
monthly values during
the taxable year, if reasonably required to
reflect properly the
average value of the taxpayer's property.
(2) The payroll factor is a fraction, the numerator of
which
is the total amount paid in this state during the taxable
year by
the taxpayer for compensation, and the denominator of
which is the
total compensation paid everywhere by the
taxpayer during such
year. Compensation means any form of remuneration paid
to an
employee for personal services. Compensation is paid in this
state if:
(a) the
recipient's service is performed entirely
within this state, (b)
the recipient's service is performed both
within and without this
state, but the service performed without
this state is incidental
to the recipient's service within this
state, or (c) some of the
service is performed within this state
and either the base of
operations, or if there is no base of
operations, the place from
which the service is directed or
controlled is within this state,
or the base of operations or the
place from which the service is
directed or controlled is not in
any state in which some part of
the service is performed, but the
recipient's residence is in
this state.
(3) The sales factor is a fraction, the
numerator of which
is
the total sales in this state by the taxpayer during the
taxable
year, and the denominator of which is the total sales by
the
taxpayer everywhere during such year.
Sales of electricity shall
be sitused to this state in the manner
provided under section
5733.059 of the Revised Code.
In determining the
numerator and
denominator of the sales factor, receipts from the
sale or other
disposal of a capital asset or an asset described
in section 1231
of the Internal Revenue Code shall
be eliminated.
Also, in
determining the numerator and denominator of the sales
factor, in
the case of a reporting taxpayer owning at least
eighty per cent
of the issued and outstanding common stock of one
or more
insurance companies or public utilities, except an electric
company, a combined company, or a telephone company,
or owning at
least twenty-five per cent of the issued and
outstanding common
stock of one or more financial institutions,
receipts received by
the reporting taxpayer from such utilities,
insurance
companies, and financial institutions shall be
eliminated.
For the purpose of division (B)(3) of this
section, sales of
tangible personal property are in this
state where such property
is received in this state by the
purchaser. In the case of
delivery of tangible personal property
by common carrier or by
other means of transportation, the place
at which such property is
ultimately received after all
transportation has been completed
shall be considered as the
place at which such property is
received by the purchaser.
Direct delivery in this state, other
than for purposes of
transportation, to a person or firm
designated by a purchaser
constitutes delivery to the purchaser in
this state, and direct
delivery outside this state to a person or
firm designated by a
purchaser does not constitute delivery to the
purchaser in this
state, regardless of where title passes or other
conditions of
sale.
Sales, other than sales of electricity or tangible personal
property, are
in this state if either
the income-producing activity
is performed solely in this
state, or
the income-producing
activity is performed both
within and without this state and a
greater proportion of the
income-producing activity is
performed
within this state than in
any other state, based on costs of
performance.
(C) The portion of a taxpayer's Ohio net income taxable
by
each
municipal corporation imposing an income tax shall be
determined by
multiplying the taxpayer's Ohio net income by the
sum of the
municipal
property factor multiplied by one-third, the
municipal payroll factor
multiplied by
one-third, and the
municipal sales factor multiplied by one-third,
and subtracting
from the product so obtained any
"municipal net
operating loss
carryforward from prior taxable years."
If the denominator of one
of the factors is zero, the remaining two factors
each shall be
multiplied by one-half instead of one-third; if the denominator
of
two of the factors is zero, the remaining factor shall be
multiplied by one.
In calculating the
"municipal net operating
loss carryforward from prior
taxable years" for each municipal
corporation, net operating losses are
apportioned in and out of a
municipal corporation for the taxable year in which
the net
operating loss occurs in the same manner that positive net income
would
have been so apportioned. Any net operating loss for a
municipal corporation
may be applied to subsequent net income in
that municipal corporation to reduce
that income to zero or until
the net operating loss has been fully used as a
deduction. The
unused portion of net operating losses for each taxable year
apportioned to a municipal corporation may only be applied against
the income
apportioned to that municipal corporation for five
subsequent taxable years.
Net operating losses occurring in
taxable years ending before 2002 may not be
subtracted under this
section.
A taxpayer's municipal property, municipal payroll, and
municipal
sales factors for a municipal corporation shall be
determined as provided in
divisions (C)(1), (2), and (3) of this
section.
(1) The municipal property factor is the quotient obtained
by
dividing (a) the average value of real and tangible personal
property owned or rented by the taxpayer and used in business in
the municipal
corporation during the taxable
year by (b) the
average value of all of the taxpayer's real
and
tangible personal
property owned or rented and used in business during that
taxable
year in this
state. The
value and average value of such property
shall be determined in the same
manner provided in
division (B)(1)
of this section.
(2) The municipal payroll factor is the quotient obtained by
dividing (a) the total amount of compensation earned in the
municipal corporation by the
taxpayer's employees during the
taxable year for services performed for the taxpayer and that is
subject to income tax
withholding by the
municipal corporation by
(b) the total amount of compensation paid by the
taxpayer to its
employees in this state during the taxable year.
Compensation has
the same meaning as in division (B)(2) of this section.
(3) The municipal sales
factor is a fraction, the numerator
of which
is the taxpayer's total sales in a municipal corporation
during the
taxable year, and the denominator of which is the
taxpayer's total sales
in this state during such year.
For the purpose of division (C)(3) of this section, sales of
tangible personal property are in the municipal corporation
where
such property is received in the municipal corporation by the
purchaser. Sales of electricity directly to the consumer, as
defined in
section 5733.059 of the Revised Code, shall be
considered sales of tangible
personal property. In the case of
the delivery of tangible personal property
by common carrier or by
other means of transportation, the place at which such
property
ultimately is received after all transportation has been completed
shall be considered as the place at which the property is received
by the
purchaser. Direct delivery in the municipal corporation,
other than
for purposes of
transportation, to a person or firm
designated by a purchaser
constitutes delivery to the purchaser in
that municipal corporation, and
direct
delivery outside the
municipal corporation to a person or firm designated by a
purchaser does not constitute delivery to the purchaser in that
municipal
corporation, regardless of where title passes or other
conditions of
sale. Sales, other than sales of tangible personal
property, are
in the municipal corporation if either:
(a) The income-producing activity is performed solely in
the
municipal corporation;
(b) The income-producing activity is performed both
within
and without the municipal corporation and a greater proportion of
the
income-producing activity is
performed within that municipal
corporation than
any other location in this state, based on costs
of performance.
(D) If a taxpayer is a combined company as defined in
section
5727.01 of the Revised Code, the municipal property,
payroll, and sales
factors under
division (C) of this section
shall be adjusted as follows:
(1) The numerator of the municipal property factor shall
include only the
value, as determined under division (C)(1) of
this
section, of the company's real and tangible property in the
municipal
corporation attributed to
the company's activity as an
electric company using the same
methodology prescribed under
section 5727.03 of the Revised Code
for taxable tangible personal
property.
(2) The numerator of the municipal payroll factor shall
include only
compensation paid in the municipal corporation by the
company to its employees
for
personal services rendered in the
company's activity as an
electric company.
(3) The numerator of the municipal sales factor shall
include only the
sales of tangible personal property and services,
as determined under division
(C)(3) of this section, made in the
municipal corporation in the
course of the company's activity as
an electric company.
(E)(1) If the provisions for apportioning adjusted federal
taxable income or Ohio net income under
division
divisions (B),
(C), and (D)
of this section do not fairly represent
business activity in this
state or among municipal corporations, the tax
commissioner may
adopt rules for apportioning such income by an alternative
method
that fairly represents business activity in this state or among
municipal corporations.
(2) If any of the factors determined under division (B),
(C), or (D) of this
section does not fairly represent the extent
of a taxpayer's business
activity in this state or among municipal
corporations, the taxpayer may
request, or the
tax commissioner
may require,
that the taxpayer's adjusted federal taxable income
or Ohio net
income
be determined by an alternative method,
including
any of the alternative methods enumerated in division
(B)(2)(d) of section 5733.05 of the Revised Code.
A taxpayer
requesting an alternative
method shall make the request in
writing
to the tax commissioner either with the annual report, a
timely
filed amended report, or a timely filed petition for
reassessment.
When the tax commissioner requires or permits an
alternative
method under division (E)(2) of this section, the tax
commissioner
shall cause a written
notice to that effect to be delivered to any
municipal corporation
that would be affected by application of the
alternative method.
Nothing in this division shall be construed
to extend any statute
of limitations under this chapter.
(F)(1) The tax commissioner may adopt rules providing for
the combination of
adjusted
federal taxable incomes of taxpayers
satisfying the ownership or control
requirements of section
5733.052 of the Revised Code if the tax commissioner
finds that
such
combinations are necessary to properly reflect adjusted
federal taxable
income,
Ohio net income, or the portion of Ohio
net income to be
taxable by municipal corporations.
(2) A taxpayer satisfying the ownership or control
requirements
of section 5733.052 of the Revised Code with respect
to one or
more other taxpayers may not combine their adjusted
federal taxable incomes
for the purposes of
this section unless
rules are adopted under division (F)(1) of this
section allowing
such a combination or the tax commissioner finds
that such a
combination is necessary to properly reflect the taxpayers'
adjusted federal
taxable incomes, Ohio
net incomes, or the portion
of Ohio net incomes to be subject to
taxation within a municipal
corporation.
Sec. 5745.04. (A) As used in this section,
"combined tax
liability" means the total of a taxpayer's income tax liabilities
to all
municipal corporations in this state for a taxable year.
(B) Beginning with its taxable year beginning in 2003, each
taxpayer
shall file a declaration of
estimated tax report with,
and remit estimated taxes to,
the tax commissioner,
payable to the
treasurer of
state, at the times
and in the amounts prescribed in
divisions (B)(1) to (4) of this
section. This division also
applies to a taxpayer having a
taxable year
consisting of fewer
than twelve months, at least one
of which is in 2002,
that ends
before January 1, 2003. The first taxable year a taxpayer is subject to this chapter, the estimated taxes the taxpayer is required to remit under this section shall be based solely on the current taxable year and not on the liability for the preceding taxable year.
(1) Not less than twenty-five per cent of the combined tax
liability
for the preceding taxable year or twenty per cent of the
combined tax liability for the current taxable year shall have
been remitted
not later than the fifteenth day of the fourth month
after the end
of the preceding taxable year.
(2) Not less than fifty per cent of the combined tax
liability
for the preceding taxable year or forty per cent of the
combined
tax liability for the current taxable year shall have
been remitted not
later than the fifteenth day of the sixth month
after the end of
the preceding taxable year.
(3) Not less than seventy-five per cent of the combined tax
liability
for the preceding taxable year or sixty per cent of the
combined tax liability for the current taxable year shall have
been
remitted not later than the fifteenth day of the ninth month
after
the end of the preceding taxable year.
(4) Not less than one hundred per cent of the combined tax
liability
for the preceding taxable year or eighty per cent of the
combined tax liability for the current taxable year shall have
been remitted
not later than the fifteenth day of the twelfth
month after the
end of the preceding taxable year.
(C) Each taxpayer shall report on the declaration of
estimated
tax report the portion of the remittance that the
taxpayer estimates that it
owes to each municipal corporation for
the taxable year.
(D) Upon receiving a declaration of estimated tax report and
remittance of estimated taxes under this section, the
tax
commissioner shall immediately forward to the treasurer of state
such remittance. The treasurer of
state shall
credit ninety-eight
and one-half per cent of the
remittance to the municipal income
tax fund and credit the
remainder to the municipal income tax
administrative fund.
(E) If any remittance of estimated taxes is for one thousand
dollars or more, the taxpayer shall make the remittance by
electronic
funds transfer as prescribed by section 5745.04 of the
Revised Code.
(F) Notwithstanding section 5745.08 or 5745.09 of the
Revised Code, no
penalty or
interest shall be imposed on a
taxpayer if the declaration of estimated tax
report is properly
filed, and the estimated tax is
paid,
within the time
prescribed
by
division (B) of this section.
Sec. 5745.042. (A) As used in this section:
(1) "Intangible expenses and costs" means expenses, losses, and costs for, related to, or in connection with, the direct or indirect acquisition, use, maintenance, management, ownership, sale, exchange, or any other direct or indirect disposition of intangible property to the extent such amounts are allowed as deductions or costs in determining taxable income before operating loss deduction and special deductions for the taxable year under the Internal Revenue Code. Such expenses and costs include losses related to, or incurred in connection with, factoring transactions, discounting transactions, royalty, patent, technical, copyright, and licensing fees, and other similar expenses and costs.
(2) "Interest expenses and costs" include amounts directly or indirectly allowed as deductions under section 163 of the Internal Revenue Code for purposes of determining taxable income.
(3) "Related member" has the same meaning as in section 5733.042 of the Revised Code.
(B) Except as otherwise provided in section 5745.044 of the Revised Code, for taxable years beginning on or after January 1, 2004, in computing adjusted federal taxable income under division (H)(4) of section 5745.01 of the Revised Code, a taxpayer shall add interest expenses and costs and intangible expenses and costs directly or indirectly paid, accrued, or incurred to, or in connection with, one or more direct or indirect transactions with one or more related members. The taxpayer shall make the adjustment required under this division in accordance with the principles and concepts set forth in section 5733.057 of the Revised Code.
(C)(1) Division (B) of this section does not apply to any portion of interest expenses and costs and intangible expenses and costs for which the taxpayer can establish by a preponderance of the evidence that:
(a) The related member during the same taxable year directly or indirectly paid, accrued, or incurred such portion to a person who is not a related member, and during the six-year period commencing three years prior to the first day of the taxpayer's taxable year the person or the person's related member did not pay, accrue, or incur all or any portion, amount, or similar portion of such expenses or costs to the taxpayer or to any related member of the taxpayer; and
(b) The transaction giving rise to the interest expenses and costs or the intangible expenses and costs between the taxpayer and the related member did not have as a principal purpose the avoidance of any portion of the tax due by the taxpayer.
(2) A taxpayer shall not be required to make any adjustment required under division (B) of this section if the increased tax, if any, attributable to such adjustment would have been avoided had the taxpayer, the related member, and any other related members to whom the taxpayer's related member pays, accrues, or incurs the expenses and costs had filed a consolidated municipal income tax return.
(D) If a taxpayer required to make an adjustment under division (B) of this section fails to make the adjustment and pay the additional tax, if any, attributable to such adjustment within one year after the taxpayer files the municipal income tax report, a penalty shall be imposed equal to twice the interest charged under section 5745.07 of the Revised Code. The penalty imposed under this division is in addition to all other interest, penalties, and other charges imposed under this chapter.
(E) The tax commissioner may waive, abate, modify, or refund, with interest, all or any portion of a penalty imposed under division (D) of this section if the taxpayer establishes beyond a reasonable doubt that any failure to fully comply with this section was not an attempt to avoid any portion of the tax due under this chapter.
(F)(1) As used in this division, "tax difference" means the difference between the tax imposed on a taxpayer under section 5733.06 of the Revised Code and the amount of tax attributable to the adjustment required under division (B) of this section that the taxpayer pays within one year from the date prescribed for payment.
(2) The penalty created under division (D) of this section does not apply if the tax difference:
(a) Is less than ten per cent of the tax imposed under this chapter; and
(b) Is less than fifty thousand dollars.
(G) Nothing in this section shall be construed as requiring a taxpayer to add interest expenses and costs and intangible expenses and costs to federal taxable income more than once in any taxable year.
Sec. 5745.044. (A)(1) As used in this section, "federal income tax return" does not include any return filed for purposes of reporting withholding taxes, providing information rather than reporting income tax liability, or claiming the benefits of a tax treaty between the United States and another government.
(2) "Federal income tax" does not include withholding taxes.
(3) "Related member" has the same meaning as in section 5733.042 of the Revised Code.
(B) The adjustments required under division (B) of section 5745.042 of the Revised Code for interest expenses and costs and intangible expenses and costs paid to a related member do not apply to a C corporation for the taxable year if the C corporation establishes all of the following by clear and convincing evidence:
(1) The corporation paid the expenses and costs to the related member either directly or through a related member that did not charge the corporation a fee;
(2) The expenses and costs were paid to a related member that, for the six-year period beginning three years prior to the payment, was not subject to federal income tax with respect to the payment and was not required to file a federal income tax return with the internal revenue service for purposes of reporting the payment;
(3) During the six-year period beginning three years prior to the payment, the related member did not directly or indirectly remit any portion of the payment to any other related member that during any portion of the six-year period was subject to federal income tax with respect to the payment and was required to file a federal income tax return with the internal revenue service for purposes of reporting the payment;
(4) In calculating its federal income tax for the taxable year in which the payment occurred, the corporation is allowed to deduct the payment under an advanced pricing agreement between the corporation and the internal revenue service, it has satisfied the documentation requirements of sections 482 and 6662(e) of the Internal Revenue Code, or it has complied with section 482 of the Internal Revenue Code; and
(5) The transaction giving rise to the payment did not have as a principal purpose the avoidance of any portion of the tax due under this chapter.
(C) A corporation claiming that the adjustments required under division (B) of section 5745.042 of the Revised Code do not apply to it must refute by clear and convincing evidence any reasonable conclusion of the tax commissioner that any of the doctrines set forth in section 5703.56 of the Revised Code should apply.
(D) If a corporation makes a payment to a related member and the payment is processed or paid through another related member as described in division (B)(1) of this section, this section applies only to the corporation's pro rata share of the total payments made by all such related members during the taxable year, unless the corporation establishes by clear and convincing evidence that its actual payment to the related member was more than its pro rata share.
(E) Any adjustments made by the internal revenue service with respect to any related member of the corporation under an advanced pricing agreement or section 482 of the Internal Revenue Code shall be presumed to be adjustments properly attributed to the corporation, unless the corporation establishes by clear and convincing evidence that the adjustment should be attributed, in whole or in part, to another person.
(F) If any corporation claims the benefit provided under division (B) of this section and is not entitled to such benefit, any adjustment required by section 5745.042 of the Revised Code shall be increased by an amount equal to twice the amount of the adjustment, unless the adjustment was made under an advanced pricing agreement.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter
has the same meaning as when used in a comparable context in the
Internal Revenue Code, and all other statutes of the United
States
relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross
income"
means
federal adjusted gross income, as defined and used in the
Internal
Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities
of any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States
to the extent that
the interest or dividends
are exempt from federal income taxes
but
not from state income
taxes.
(3) Deduct interest or dividends on obligations of the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States to
the extent
that the interest or dividends are included in federal
adjusted gross income but exempt
from state income taxes under the
laws of the United States.
(4) Deduct disability and survivor's benefits to the
extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security
Act and tier 1 railroad retirement benefits to the extent
included
in federal adjusted gross income under section 86 of the
Internal
Revenue Code.
(6)
In the case of a taxpayer who is a beneficiary of
a
trust that makes an accumulation distribution as defined in
section 665 of the Internal Revenue Code,
add, for the
beneficiary's taxable years
beginning before 2002 or after 2004,
the portion, if
any, of
such distribution
that does not exceed the
undistributed
net
income of the trust for
the three taxable years
preceding the
taxable year in which the
distribution is made
to
the extent that the portion was not included in the trust's
taxable income for any of the trust's taxable years beginning in or after
2002, 2003, or 2004.
"Undistributed
net
income of a trust" means
the taxable income of
the trust
increased
by (a)(i) the additions
to adjusted gross
income
required under
division (A) of this
section and (ii) the
personal
exemptions
allowed to the trust
pursuant to section
642(b) of the
Internal
Revenue Code, and
decreased by (b)(i) the
deductions to
adjusted
gross income
required under division (A) of
this
section,
(ii) the
amount of
federal income taxes attributable
to
such
income, and
(iii) the
amount of taxable income that has
been
included in the
adjusted
gross income of a beneficiary by
reason
of a prior
accumulation
distribution. Any undistributed
net
income included
in the
adjusted gross income of a beneficiary
shall reduce the
undistributed net income of the trust commencing
with the earliest
years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent
that the
interest or interest equivalent is included in
federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
that the loss has been deducted or the gain has been
included in
computing federal adjusted gross income.
(10)
Deduct or add amounts, as provided under section
5747.70 of the
Revised
Code, related to contributions to variable
college savings program
accounts made or tuition credits purchased
pursuant to Chapter
3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or
exclusion in computing federal or Ohio adjusted gross
income for the taxable
year, the amount the taxpayer paid during
the taxable year for medical care
insurance and qualified
long-term care insurance for the taxpayer, the
taxpayer's spouse,
and dependents. No deduction for medical care insurance
under
division (A)(11) of this section shall be allowed either to any
taxpayer
who is eligible to participate in any subsidized health
plan maintained by any
employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who
is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in
computing federal or Ohio adjusted gross income during the
taxable
year, the amount the taxpayer paid during the taxable
year, not
compensated for by any insurance or otherwise, for
medical care of
the taxpayer, the taxpayer's spouse, and
dependents, to the extent
the expenses exceed seven and one-half
per cent of the taxpayer's
federal adjusted gross income.
(c) For purposes of division (A)(11) of this section,
"medical
care" has the meaning given in section 213 of the
Internal Revenue
Code, subject to the special rules, limitations,
and exclusions
set forth therein, and "qualified long-term care"
has the same
meaning given in section 7702(B)(b) of the Internal
Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had
deducted as
an itemized deduction pursuant to section 63 of the
Internal
Revenue Code and applicable United States
department of the
treasury regulations.
The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and
net
investment earnings of, a medical savings account during the
taxable year,
in accordance with section 3924.66 of the Revised
Code. The deduction
allowed by division (A)(14) of this section
does not apply to medical
savings account deposits and earnings
otherwise deducted or excluded for the
current or any other
taxable year from the taxpayer's federal adjusted gross
income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical
savings account during the taxable year, and the net
investment earnings on
those funds, when the funds withdrawn were
used for any purpose other than to
reimburse an account holder
for, or to pay, eligible medical expenses, in
accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account
under division (A)(2) of section 3924.68 of the Revised
Code during the
taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised
Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal adjusted gross income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted
gross income as required to be reported for any
of the taxpayer's taxable
years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of
job and family services pursuant to sections 329.11
to
329.14 of the Revised Code for
the purpose of matching funds
deposited by program participants. On request
of
the tax
commissioner, the taxpayer shall provide any information that, in
the
tax commissioner's opinion, is necessary to establish the
amount deducted
under
division (A)(17) of this section.
(18) Beginning in taxable year 2001, if the taxpayer is
married
and files a joint return and the
combined federal adjusted
gross income of the taxpayer and the taxpayer's
spouse for the
taxable year does not exceed one hundred thousand dollars, or
if
the taxpayer is single and has a federal adjusted gross income for
the
taxable
year not exceeding fifty thousand dollars, deduct
amounts paid during the
taxable year for qualified tuition and
fees paid to an eligible institution
for the taxpayer, the
taxpayer's spouse, or any dependent of the taxpayer, who
is a
resident of this state and is enrolled in or attending a program
that
culminates in a degree or diploma at an eligible institution.
The deduction
may be claimed only to the extent that qualified
tuition and fees are not
otherwise deducted or excluded for any
taxable year from federal or
Ohio adjusted gross income. The
deduction
may not be claimed for educational expenses for which
the taxpayer claims a
credit under section 5747.27 of the Revised
Code.
(19) Add any reimbursement received during the taxable year
of any amount
the taxpayer deducted under division (A)(18) of this
section in any
previous taxable year to the extent the amount is
not otherwise included in
Ohio adjusted gross income.
(20)(a) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest. The tax
commissioner, under procedures established by the commissioner,
may waive the add-back related to a pass-through entity if the
taxpayer owns, directly or indirectly, less than five per cent of
the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back
shall be apportioned, subject to one or more of the four
alternative methods of apportionment enumerated in section 5747.21
of the Revised Code.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of
this
section is attributable to an add-back allocated under
division
(A)(20)(c) of this section, the amount deducted shall be
sitused
to the same location. Otherwise, the add-back shall be
apportioned using the apportionment factors for the taxable year
in which the deduction is taken, subject to one or more of the
four alternative methods of apportionment enumerated in section
5747.21 of the Revised Code.
(B) "Business income" means income, including gain or loss,
arising from
transactions, activities, and sources in the regular
course of a
trade or business and includes income, gain, or loss
from
real property, tangible
property, and
intangible
property if
the acquisition, rental,
management, and
disposition
of the
property constitute integral
parts of the
regular course of
a
trade or business operation.
"Business income"
includes income,
including gain or loss, from a
partial or
complete liquidation of
a business, including, but not
limited to,
gain or loss from the
sale or other disposition of
goodwill.
(C) "Nonbusiness income" means all income other than
business income and may include, but is not limited to,
compensation, rents and royalties from real or tangible personal
property, capital gains, interest, dividends and distributions,
patent or copyright royalties, or lottery winnings, prizes, and
awards.
(D) "Compensation" means any form of remuneration paid to
an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve
months ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means
any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in or after 2002, 2003, or 2004:
(1) An individual who is domiciled in this state, subject
to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death, or of a debtor who at the time of commencement of a bankruptcy proceeding,
was
domiciled in this state. The domicile tests of section
5747.24 of
the Revised Code and any election under section
5747.25 of the
Revised Code are not controlling for purposes of
division (I)(2)
of this section.
(3)
A
trust that, in whole or part, resides in this state.
If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For the purposes of
division (I)(3) of this section:
(a) A trust resides in this state
for the trust's current
taxable year to
the extent, as described in division (I)(3)(d) of
this section, that
the trust consists directly or indirectly,
in whole or
in part,
of assets, net of any related
liabilities, that were
transferred, or caused to be transferred,
directly or indirectly,
to the trust by any of the following:
(i) A person, a court, or a governmental
entity or instrumentality on account of the death of a decedent, but only if the trust is described in division (I)(3)(e)(i)
or (ii) of this section The will of an individual who was domiciled in this state at the time of the individual's death for purposes of the taxes levied under Chapter 5731. of the Revised Code, if the trust is a testamentary trust;
(ii) A person who
was lifetime transfer by an individual domiciled in this state
for the purposes of
this chapter when the person directly or indirectly transferred
assets to an irrevocable trust, but only if at the time of transfer to a trust that was irrevocable at the time of transfer, and at least one of the
trust's qualifying beneficiaries is domiciled in this state for
the purposes of this chapter during all or some portion of the
trust's current taxable year;
(iii) A person who was lifetime transfer by an individual domiciled in this state
for the
purposes of this chapter when at the time the trust
document or instrument
or
part of the trust
document or instrument became irrevocable, but
only if to a trust that was not irrevocable at the time of transfer, and at least
one
of
the trust's qualifying beneficiaries is a resident domiciled in
this state for the purposes of
this chapter
during all or some
portion of the trust's current taxable year.
(iv) A lifetime transfer by an individual domiciled in this state for the purposes of this chapter at the time of the transfer if all of the following three conditions are met: (I) the trust is an inter vivos trust that became irrevocable only upon the death of the individual, and the individual was domiciled in this state at the time of death for purposes of the taxes levied under Chapter 5731. of the Revised Code; (II) the assets were transferred to the trust by will or by any other means including, but not limited to, lifetime gift, beneficiary designation, or any other contractual arrangement taking effect during the individual's life or at the individual's death; and (III) at least one of the trust's qualifying beneficiaries is domiciled in this state for purposes of this chapter during all or some portion of the trust's current taxable year;
(v) A person, a court, or a governmental entity or instrumentality on account of the death of a decedent domiciled in this state at the time of death for purposes of the taxes levied under Chapter 5731. of the Revised Code and at least one of the trust's qualifying beneficiaries is domiciled in this state for purposes of this chapter during all or some portion of the trust's current taxable year.
For purposes of division (I)(3) of this section, a transfer by a court or other governmental entity or by any other person on behalf of or for any individual is a transfer by that individual, and "contractual arrangements" includes life insurance policies, annuities, and retirement plan arrangements.
(b) A trust is
irrevocable to
the extent that the transferor is not
considered to
be the owner
of the net assets of the trust under sections 671 to
678 of the
Internal
Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the
decedent before the decedent's death and while the decedent was
domiciled in this state for the purposes of this chapter, and,
prior to the death of the decedent, the trust became irrevocable
while the decedent was domiciled in this state for the purposes of
this chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will
of a testator.
(vi) The transfer is made to a trust created by or caused
to be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual's death.
(g) The tax commissioner may adopt rules to ascertain the
part
of
a trust residing in this state.
(J) "Nonresident" means an individual or estate that is
not
a resident. An individual who is a resident for only part of
a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the
Revised Code.
(L) "Return" means the notifications and reports required
to
be filed pursuant to this chapter for the purpose of reporting
the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the
taxpayer's
fiscal year ending during the calendar year, or
fractional part
thereof, upon which the adjusted gross income is
calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed
by section 5747.02 of the Revised Code or any pass-through entity
that
makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the
Internal
Revenue Code and as claimed in the taxpayer's federal
income tax
return for the taxable year or which the taxpayer
would have been
permitted to claim had the taxpayer filed a
federal income
tax
return.
(P) "Principal county of employment" means, in the case of
a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that
exceeds
the figure determined to be the correct amount of the
tax.
(S) "Taxable income"
or "Ohio taxable income" applies
only
to estates
and
trusts,
and means
federal
taxable income, as
defined and used in the
Internal
Revenue Code,
adjusted as
follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities
of any state or of any
political subdivision or authority of any
state, other than this
state and its subdivisions and
authorities, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section:
(a) The net amount is not attributable to the S portion of
an electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any
authority, commission,
instrumentality, territory, or possession
of the United States
to
the extent that
the interest or dividends are exempt from federal
income taxes
but
not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States
to
the extent
that
the interest or dividends are exempt from state
taxes under the laws of the United
States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public
obligations and purchase obligations, but only to the
extent
that such net amount relates either to income included in
federal taxable income
for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the
extent
that such loss has been deducted or such gain has been
included in
computing either federal taxable income
or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate,
add
any amount deducted by the taxpayer on both its Ohio estate
tax
return pursuant to section 5731.14 of the Revised Code, and
on its
federal income tax return in determining
federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations.
The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income
for any taxable year to the extent that the amount is
attributable
to the recovery during the taxable year of any amount
deducted or
excluded in computing federal or Ohio taxable income
in any
taxable year, but only to the extent such amount has not
been distributed
to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not
qualify
for a credit under division (A) or (B) of section 5747.05
of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059
of the Revised Code to the extent that the amount
satisfies
either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal taxable income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable
income as required to be reported for any of the
taxpayer's taxable years
under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report
as
farm income on its federal income tax return, but only
if the
assets of the trust include at least ten acres of land
satisfying
the definition of "land devoted exclusively to
agricultural use"
under section 5713.30 of the Revised Code,
regardless of whether
the land is valued for tax purposes as such
land under sections
5713.30 to 5713.38 of the Revised Code.
If the
trust is a
pass-though entity investor, section 5747.231 of the
Revised Code
applies in ascertaining if the trust is eligible to
claim the
deduction provided by division (S)(12) of this section
in
connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income.
Division (S)(12) of
this
section applies only to taxable years of a trust beginning
in or after
2002, 2003, or 2004.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be
required
to add or deduct under division (A)(20) or (21) of this
section if
the taxpayer's
Ohio taxable income were computed in the same
manner as
an individual's
Ohio adjusted gross income is computed
under
this
section. In the case of a trust, division (S)(14) of
this
section
applies only to any of the trust's taxable years
beginning
in or after
2002, 2003, or 2004.
(T) "School district income" and "school district income
tax" have the same meanings as in section 5748.01 of the Revised
Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and
(S)(7)
of this section, "public obligations," "purchase
obligations," and
"interest or interest equivalent" have the same
meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised Code
or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion
of a taxable year of a pass-through entity, is
a partner, member, shareholder,
or
equity investor in that
pass-through
entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised
Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the
third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state
institution of higher education as defined in section
3345.011 of the Revised Code, or a
private, nonprofit college,
university, or other post-secondary institution
located in this
state that possesses a certificate of authorization issued by
the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a
certificate of registration issued by the state board of
proprietary school
registration under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an
eligible institution as a condition of enrollment or
attendance, not exceeding
two thousand five hundred dollars in
each of the individual's first two years
of post-secondary
education. If the individual is a part-time student,
"qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum
of five taxable years, not exceeding a total of
five thousand dollars.
"Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games,
or hobbies unless the course or activity is part of the
individual's degree or
diploma program;
(b) The cost of books, room and board, student activity
fees,
athletic fees, insurance expenses, or other expenses
unrelated to the
individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through
an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business
income" means the business income
included in a trust's
Ohio taxable
income after such taxable
income is
first reduced by the
qualifying
trust amount, if any.
(2) "Qualifying
trust amount" of a trust means capital gains
and
losses from the sale, exchange, or other disposition of equity
or
ownership
interests in, or debt obligations of, a
qualifying
investee to the extent included in the trust's
Ohio
taxable income, but
only if the
following requirements are satisfied:
(a) The book value of the qualifying
investee's
physical assets in this state and everywhere, as of the last day
of the qualifying investee's fiscal or calendar year ending
immediately prior to the date on which the trust recognizes the
gain or loss, is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the
case may be.
(3) "Modified nonbusiness income" means a trust's
Ohio
taxable
income other than modified business income, other than
the
qualifying
trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified
Ohio taxable income" applies only to trusts,
and
means the sum of the
amounts described in divisions
(BB)(4)(a) to (c) of this section:
(a)
The fraction,
calculated under division (B)(2) of section 5733.05, and applying
section 5733.057 of the Revised Code, as if the trust were a
corporation subject to the tax imposed by section 5733.06 of the
Revised Code, multiplied by the sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined
in section 5747.012 of the Revised Code, but only to the extent
the qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying
trust amount multiplied by
a
fraction, the numerator of which is the sum of the
book value of
the
qualifying investee's physical assets in this state
on the last day of the qualifying
investee's fiscal or calendar year ending immediately prior to the
day on which the trust recognizes the qualifying trust amount, and
the denominator of which is the sum of the book value of the
qualifying investee's total physical assets everywhere
on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the day on
which the trust recognizes the qualifying trust amount.
If, for a
taxable year, the trust
recognizes a qualifying
trust amount
with
respect to more than one
qualifying investee, the amount
described
in division (BB)(4)(b)
of this section shall equal the
sum of the
products so computed
for each such qualifying
investee.
(c)(i) With respect to a trust or
portion of a trust that is a resident as ascertained in accordance
with division (I)(3)(d) of this section, its modified nonbusiness
income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code.
If the allocation and apportionment of a trust's income
under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified
Ohio taxable income of the trust in this
state,
the alternative methods described in division (C) of
section
5747.21 of the Revised Code may be applied in the manner
and to
the same extent provided in that section.
(5)(a) Except as set forth in division
(BB)(5)(b) of this section, "qualifying investee" means a person
in which a trust
has an equity or ownership interest, or a person
or unit of
government the debt obligations of either of which are
owned by a
trust.
For the purposes of division (BB)(2)(a) of this
section and for the purpose of computing the fraction described in
division (BB)(4)(b) of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the
qualifying controlled group of
which the qualifying investee is a
member on the last day of the
qualifying investee's fiscal or
calendar year ending immediately
prior to the date on which the
trust recognizes the gain or loss,
separately or cumulatively own,
directly or indirectly, on the
last day of the qualifying
investee's fiscal or calendar year
ending immediately prior to the
date on which the trust recognizes
the qualifying trust amount, more
than fifty per cent of the
equity of a pass-through entity, then
the qualifying investee and
the other members are deemed to own
the proportionate share of the
pass-through entity's physical
assets which the pass-through
entity directly or indirectly owns
on the last day of the
pass-through entity's calendar or fiscal
year ending within or
with the last day of the qualifying
investee's fiscal or calendar
year ending immediately prior to the
date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level
pass-through entity" means a pass-through
entity directly or
indirectly owning any equity of another
pass-through entity, and
"lower level pass-through
entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is
also a qualifying investee, is deemed to own, on the last day of
the upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in
division (BB)(5)(a)(iii) of this section shall be construed to
provide for any deduction or
exclusion in computing any trust's
Ohio taxable income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person
is able to learn of the information by the due date plus
extensions, if any, for filing the return for the taxable year in
which the trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as
in section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(EE) Any term used in this chapter that is not otherwise
defined in
this section and that is not used in a comparable
context in the
Internal Revenue Code and other statutes of the
United States relating to federal income taxes has the same
meaning as in section 5733.40 of the Revised Code.
Sec. 5747.02. (A) For the purpose of providing revenue for
the
support of schools and local government functions, to provide
relief to property taxpayers, to provide revenue for the general
revenue fund, and to meet the expenses of administering the tax
levied by this chapter, there is hereby levied on every
individual, trust,
and
estate residing in or earning or
receiving
income in
this state, on every individual, trust, and
estate
earning
or receiving
lottery winnings, prizes, or awards
pursuant
to
Chapter 3770. of
the Revised Code, and on every
individual,
trust, and estate
otherwise
having nexus with or in
this state
under the Constitution
of the
United States, an annual
tax
measured in the
case of individuals
by
Ohio adjusted gross income
less
an exemption for the
taxpayer, the
taxpayer's spouse, and
each
dependent as provided in section
5747.025 of the Revised
Code;
measured in the case of trusts by modified
Ohio taxable
income
under
division
(D) of this section; and measured in the
case of
estates
by
Ohio
taxable
income. The tax imposed by this
section on the
balance
thus obtained is
hereby levied as follows:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
For taxable years beginning before January 1, 2005:
$5,000 or less |
|
.743% |
More than $5,000 but not more than $10,000 |
|
$37.15 plus 1.486% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$111.45 plus 2.972% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$260.05 plus 3.715% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$445.80 plus 4.457% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,337.20 plus 5.201% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,417.60 plus 5.943% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,606.20 plus 6.9% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,506.20 plus 7.5% of the amount in excess of $200,000 |
In July of each year, beginning in 2005, the tax
commissioner
shall adjust the income amounts prescribed in this
division by
multiplying the percentage increase in the gross
domestic product
deflator computed that year under section
5747.025 of the Revised
Code by each of the income amounts
resulting from the adjustment
under this division in the preceding
year, adding the resulting
product to the corresponding income
amount resulting from the
adjustment in the preceding year, and
rounding the resulting sum
to the nearest multiple of fifty
dollars. The tax commissioner
also shall recompute each of the
tax dollar amounts to the extent
necessary to reflect the
adjustment of the income amounts. The
rates of taxation shall not
be adjusted.
The adjusted amounts apply to taxable years beginning in the
calendar year in which the adjustments are made. The tax
commissioner shall not make such adjustments in any year in which
the amount resulting from the adjustment would be less than the
amount resulting from the adjustment in the preceding year.
For taxable years beginning in 2005:
$5,000 or less |
|
.7% |
More than $5,000 but not more than $10,000 |
|
$35.00 plus 1.4% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$105.00 plus 2.9% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$250.00 plus 3.7% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$435.00 plus 4.4% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,315.00 plus 5.2% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,395.00 plus 5.9% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,575.00 plus 6.9% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,475.00 plus 7.5% of the amount in excess of $200,000 |
OHIO ADJUSTED GROSS INCOME (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
For taxable years beginning in 2006:
$5,000 or less |
|
.7% |
More than $5,000 but not more than $10,000 |
|
$35.00 plus 1.4% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$105.00 plus 2.9% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$250.00 plus 3.7% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$435.00 plus 4.4% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,315.00 plus 5.2% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,395.00 plus 5.9% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,575.00 plus 6.9% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,475.00 plus 7.3% of the amount in excess of $200,000 |
For taxable years beginning in 2007:
$5,000 or less |
|
.7% |
More than $5,000 but not more than $10,000 |
|
$35.00 plus 1.4% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$105.00 plus 2.9% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$250.00 plus 3.7% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$435.00 plus 4.4% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,315.00 plus 5.2% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,395.00 plus 5.9% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,575.00 plus 6.9% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,475.00 plus 7.1% of the amount in excess of $200,000 |
For taxable years beginning after 2007:
$5,000 or less |
|
.7% |
More than $5,000 but not more than $10,000 |
|
$35.00 plus 1.4% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$105.00 plus 2.8% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$245.00 plus 3.7% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$430.00 plus 4.4% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,310.00 plus 5.2% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,390.00 plus 5.9% of the amount in excess of $80,000 |
More than $100,000 |
|
$4,570.00 plus 6.9% of the amount in excess of $100,000 |
(B) If the director of budget and management makes a
certification to the tax commissioner under division (B)
of
section
131.44 of the Revised Code, the amount of tax as
determined under division (A)
of this section shall be reduced by
the percentage prescribed in that
certification for taxable years
beginning in the calendar year in which that
certification is
made.
(C) The levy of this tax on income does not prevent a
municipal
corporation, a joint economic development zone created
under section 715.691,
or a joint economic development district
created under
section 715.70 or 715.71 or sections 715.72 to
715.81 of the Revised Code from
levying a tax on income.
(D)
This division applies only
to taxable
years of a trust beginning in or after 2002, 2003, or 2004.
(1) The tax imposed by this section on a trust shall be
computed
by multiplying the
Ohio modified taxable income of the
trust
by the
rates prescribed by division (A) of this section.
(2) A credit is allowed against the tax computed under
division
(D) of this section equal to the lesser of (1) the tax
paid to
another state or the District of Columbia on
the trust's
modified nonbusiness
income, other than the portion of
the trust's nonbusiness income that is qualifying investment
income as defined in section 5747.012 of the Revised Code, or (2)
the effective tax rate, based on
modified
Ohio taxable income,
multiplied by the
trust's modified nonbusiness
income
other than the portion of trust's nonbusiness income that is
qualifying investment income. The credit applies before any other
applicable credits.
(3) The credits enumerated in divisions (A)(1) to
(13)(14) of
section 5747.98 of the Revised Code do not apply to a
trust
subject to this division.
Any credits enumerated in other
divisions of section 5747.98 of the Revised Code apply to a trust
subject to this division. To the extent that the trust
distributes income for the taxable year for which a credit is
available to the trust, the credit shall be shared by the trust
and its beneficiaries. The tax commissioner and the trust shall
be guided by applicable regulations of the United States treasury
regarding the sharing of credits.
(E) For the purposes of this section, "trust" means any
trust described in Subchapter J
of Chapter 1 of the Internal
Revenue Code,
excluding
trusts that are not irrevocable as
defined in division (I)(3)(b) of section 5747.01 of the Revised
Code and that have no modified Ohio taxable income for the taxable
year, charitable remainder trusts, qualified funeral trusts,
endowment and perpetual care trusts, qualified settlement trusts
and funds, designated settlement trusts and funds, and trusts
exempted from taxation under section 501(a)
of
the Internal
Revenue Code.
Sec. 5747.022. An (A)(1) For taxable years beginning before January 1, 2006, an individual subject to the tax imposed by section 5747.02 of
the Revised Code may claim a credit equal to twenty dollars times the number
of exemptions allowed for the taxpayer, his the taxpayer's
spouse, and each dependent under
section 5747.02 of the Revised Code. The credit
(2) For taxable years beginning after 2005, an individual subject to the tax imposed by section 5747.02 of the Revised Code may claim a nonrefundable credit equal to eighty dollars for each dependent. In the case of a joint return, neither spouse shall be considered to be a dependent of the other spouse. In the case of a return other than a joint return, a taxpayer's spouse shall be considered to be a dependent of the taxpayer for purposes of division (A)(2) of this section if:
(a) The taxpayer's spouse has no Ohio adjusted gross income;
(b) The taxpayer's spouse is not a dependent of another; and
(c) The taxpayer is entitled to two personal exemptions on the taxpayer's federal income tax return.
(B) For taxable years beginning after 2005, an individual subject to the tax imposed by section 5747.02 of the Revised Code who files a return other than a joint return may claim a nonrefundable credit equal to the lesser of the following amounts:
(1) One hundred five dollars, as adjusted by division (E) of this section.
(2) The product of the amount described in division (B)(1) of this section, as adjusted by division (E) of this section, times the "qualifying percentage" described in divisions (B)(2)(a) and (b) of this section.
(a) For a taxpayer with an Ohio adjusted gross income of one hundred thousand dollars or less, the "qualifying percentage" is one hundred per cent.
(b) For a taxpayer with an Ohio adjusted gross income greater than one hundred thousand dollars, the "qualifying percentage" is one hundred per cent minus the percentage ratio of a fraction the numerator of which is the lesser of fifty thousand dollars or the excess of the taxpayer's Ohio adjusted gross income over one hundred thousand dollars and the denominator of which is fifty thousand dollars.
(C) For taxable years beginning after 2005, an individual subject to the tax imposed by section 5747.02 of the Revised Code may claim, in the case of a joint return, a nonrefundable credit that is equal to the lesser of the following amounts:
(1) Two hundred ten dollars, as adjusted by division (E) of this section;
(2) The product of the amount described in division (C)(1) of this section, as adjusted by division (E) of this section, times the "qualifying percentage" described in divisions (C)(2)(a) and (b) of this section:
(a) For a taxpayer with an Ohio adjusted gross income of two hundred thousand dollars or less, the "qualifying percentage" is one hundred per cent.
(b) For a taxpayer with an Ohio adjusted gross income greater than two hundred thousand dollars, the "qualifying percentage" is one hundred per cent minus the percentage ratio of a fraction the numerator of which is the lesser of one hundred thousand dollars or the excess of the taxpayer's Ohio adjusted gross income over two hundred thousand dollars and the denominator of which is one hundred thousand dollars.
(D) The credits under this section shall be claimed in the order
required under section 5747.98 of the Revised Code. The credit shall not be
considered in determining the taxes required to be withheld under section
5747.06 of the Revised Code or the estimated taxes required to be paid under
section 5747.09 of the Revised Code.
(E) In September of each year, beginning in 2007, the tax commissioner shall determine the percentage increase in the gross domestic product deflator determined by the bureau of economic analysis of the United States department of commerce from the first day of January of the preceding calendar year to the last day of December of the preceding calendar year, and adjust the credit amounts described in divisions (A)(2), (B)(1), and (C)(1) of this section for taxable years beginning in the current calendar year by multiplying those amounts by the percentage increase in the gross domestic product deflator for that period; adding the resulting product to the credit amounts for taxable years beginning in the preceding calendar year; and rounding the resulting sum upward to the nearest multiple of ten dollars. The commissioner shall not make such an adjustment in any calendar year in which the amount resulting from the adjustment would be less than the amount resulting from the adjustment in the preceding calendar year.
Sec. 5747.025. (A) Except for the purposes of Chapter 5748. of the Revised Code, this section does not apply to taxable years beginning after 2005.
(A) The personal exemption for the taxpayer
and the taxpayer's spouse shall be seven hundred fifty dollars
each for the
taxable year beginning in 1996, eight hundred fifty
dollars each
for the taxable year beginning in 1997, nine hundred
fifty dollars
each for the taxable year beginning in 1998, and one
thousand fifty dollars
each for the taxable year beginning in 1999
and taxable years beginning after
1999 and before 2006. The personal exemption
amount prescribed in this division
for taxable years beginning
after 1999 and before 2006 shall be adjusted each
year in the manner prescribed in
division (C) of this section.
(B) The personal exemption for each dependent shall be eight
hundred fifty dollars for the taxable year beginning in 1996, and
one thousand
fifty dollars for the taxable year beginning in 1997
and taxable years
beginning after 1997 and before 2006. The personal exemption
amount prescribed in this
division for taxable years beginning
after 1999 and before 2006 shall be adjusted each
year in the manner prescribed in
division (C) of this section.
(C)
In September of each year, beginning in 2000, the
tax
commissioner shall
determine the
percentage
increase in the
gross
domestic product
deflator determined
by the bureau of
economic
analysis of the
United States department of commerce
from
the
first day of
January of
the preceding calendar year to
the last
day of
December of the
preceding
year, and
adjust the personal
exemption amount for taxable years
beginning
in
the current
calendar year by multiplying that amount
by the
percentage
increase in the gross domestic product deflator
for
that
period;
adding the resulting product to the personal
exemption amount for
taxable years beginning in the preceding
calendar year; and
rounding the resulting sum upward to the
nearest
multiple of fifty
dollars. The
commissioner shall not
make
such an adjustment in
any calendar year in which the amount
resulting
from the
adjustment would be less than the amount
resulting from
the
adjustment in the preceding calendar year.
Sec. 5747.05. As used in this section, "income tax"
includes
both a tax on net income and a tax measured by net
income.
The following credits shall be allowed against the income
tax
imposed by section 5747.02 of the Revised Code
on individuals and
estates:
(A)(1) The amount of tax otherwise due under section
5747.02
of the Revised Code on such portion of the adjusted gross
income
of any nonresident taxpayer that is not allocable to this
state
pursuant to sections 5747.20 to 5747.23 of the Revised
Code;
(2) The credit provided under this division shall not
exceed
the portion of the total tax due under section 5747.02 of
the
Revised Code that the amount of the nonresident taxpayer's
adjusted gross income not allocated to this state pursuant to
sections 5747.20 to 5747.23 of the Revised Code bears to the
total
adjusted gross income of the nonresident taxpayer derived
from all
sources everywhere.
(3) The tax commissioner may enter into an agreement with
the taxing authorities of any state or of the District of
Columbia
that imposes an income tax to provide that compensation
paid in
this state to a nonresident taxpayer shall not be subject
to the
tax levied in section 5747.02 of the Revised Code so long
as
compensation paid in such other state or in the District of
Columbia to a resident taxpayer shall likewise not be subject to
the income tax of such other state or of the District of
Columbia. No such agreement, including any existing agreements that the commissioner may have entered into pursuant to division (A)(3) of this section, shall apply for taxable years beginning in 2004, 2005, 2006, 2007, or 2008, and the taxes imposed under this chapter shall apply to nonresidents for those taxable years.
(B) The lesser of division (B)(1) or (2) of this section:
(1) The amount of tax otherwise due under section 5747.02
of
the Revised Code on such portion of the adjusted gross income
of a
resident taxpayer that in another state or in the District
of
Columbia is subjected to an income tax. The credit provided
under
division (B)(1) of this section shall not exceed the
portion of
the total tax due under section 5747.02 of the Revised
Code that
the amount of the resident taxpayer's adjusted gross
income
subjected to an income tax in the other state or in the
District
of Columbia bears to the total adjusted gross income of
the
resident taxpayer derived from all sources everywhere.
(2) The amount of income tax liability to another state or
the District of Columbia on the portion of the adjusted gross
income of a resident taxpayer that in another state or in the
District of Columbia is subjected to an income tax. The credit
provided under division (B)(2) of this section shall not exceed
the amount of tax otherwise due under section 5747.02 of the
Revised Code.
(3) No credit shall be allowed under division (B) of this section to the extent that for any taxable year the taxpayer has directly or indirectly deducted, or was required to directly or indirectly deduct, the amount of income tax liability to another state or the District of Columbia.
(4) If the credit provided under division (B) of this
section is affected by a change in either the portion of adjusted
gross income of a resident taxpayer subjected to an income tax in
another state or the District of Columbia or the amount of income
tax liability that has been paid to another state or the District
of Columbia, the taxpayer shall report the change to the tax
commissioner within sixty days of the change in such form as the
commissioner requires.
(a) In the case of an underpayment, the report shall be
accompanied by payment of any additional tax due as a result of
the reduction in credit together with interest on the additional
tax and is a return subject to assessment under section 5747.13
of
the Revised Code solely for the purpose of assessing any
additional tax due under this division, together with any
applicable penalty and interest. It shall not reopen the
computation of the taxpayer's tax liability under this chapter
from a previously filed return no longer subject to assessment
except to the extent that such liability is affected by an
adjustment to the credit allowed by division (B) of this section.
(b) In the case of an overpayment, an application for
refund
may be filed under this division within the sixty day
period
prescribed for filing the report even if it is beyond the
period
prescribed in section 5747.11 of the Revised Code if it
otherwise
conforms to the requirements of such section. An
application
filed under this division shall only claim refund of
overpayments
resulting from an adjustment to the credit allowed
by division (B)
of this section unless it is also filed within
the time prescribed
in section 5747.11 of the Revised Code. It
shall not reopen the
computation of the taxpayer's tax liability
except to the extent
that such liability is affected by an
adjustment to the credit
allowed by division (B) of this section.
(C) For a taxpayer sixty-five years of age or older during
the taxable year, a credit for such year equal to fifty dollars
for each
return
required to be filed under section 5747.08 of the
Revised Code.
(D) A taxpayer sixty-five years of age or older during the
taxable year who has received a lump-sum distribution from a
pension, retirement, or profit-sharing plan in the taxable year
may elect to receive a credit under this division in lieu of the
credit to which
the taxpayer is entitled under division (C)
of
this
section. A taxpayer making such election shall receive a
credit
for the taxable year equal to fifty dollars times the
taxpayer's
expected remaining life as shown by annuity tables
issued under
the provisions of the Internal Revenue Code and in
effect for the
calendar year which includes the last day of the
taxable year. A
taxpayer making an election under this division
is not entitled
to the credit authorized under division (C) of
this section in
subsequent taxable years except that if such
election was made
prior to July 1, 1983, the taxpayer is entitled
to one-half the
credit authorized under such division in
subsequent taxable years
but may not make another election under
this division.
(E) A taxpayer who is not sixty-five years of age or older
during the taxable year who has received a lump-sum distribution
from a pension, retirement, or profit-sharing plan in a taxable
year ending on or before July 31, 1991, may elect to take a
credit
against the tax otherwise due under this chapter for such
year
equal to fifty dollars times the expected remaining life of
a
taxpayer sixty-five years of age as shown by annuity tables
issued
under the provisions of the Internal Revenue Code and in
effect
for the calendar year which includes the last day of the
taxable
year. A taxpayer making an election under this division
is not
entitled to a credit under division (C) or (D) of this
section in
any subsequent year except that if such election was
made prior to
July 1, 1983, the taxpayer is entitled to one-half
the credit
authorized under division (C) of this section in
subsequent years
but may not make another election under this
division. No
taxpayer may make an election under this division
for a taxable
year ending on or after August 1, 1991.
(F) A taxpayer making an election under either division
(D)
or (E) of this section may make only one such election in the
taxpayer's lifetime.
(G)(1) On a joint return filed by a husband and wife, each
of whom had adjusted gross income of at least five hundred
dollars, exclusive of interest, dividends and distributions,
royalties, rent, and capital gains, a credit equal to the
percentage, shown in the table contained in this division (G)(2) of this section, of the
amount of tax due after allowing for any other credit that
precedes the that credit
under this division in the order required
under section 5747.98 of the Revised
Code.
(2)(a) The credit to which a taxpayer is entitled under this
division in any taxable year beginning before 2006 is the percentage shown in column B
that corresponds with the taxpayer's adjusted gross income, less
exemptions for the taxable year:
IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR
IS: |
|
THE CREDIT FOR THE TAXABLE YEAR IS: |
$25,000 or less |
|
20% |
More than $25,000 but not more than $50,000 |
|
15% |
More than $50,000 but not more than $75,000 |
|
10% |
More than $75,000 |
|
5% |
(b) The credit to which a taxpayer is entitled under this
division in any taxable year beginning after 2005 is the percentage shown in column B
that corresponds with the taxpayer's adjusted gross income, less
exemptions for the taxable year:
IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR
IS: |
|
THE CREDIT FOR THE TAXABLE YEAR IS: |
$25,000 or less |
|
20% |
More than $25,000 but not more than $60,000 |
|
15% |
More than $60,000 but not more than $85,000 |
|
10% |
More than $85,000 |
|
5% |
(3) The credit allowed under this division (G) of this section shall not
exceed
six hundred fifty dollars in any taxable year.
(H) No claim for credit under this section shall be
allowed
unless the claimant furnishes such supporting information
as the
tax commissioner prescribes by rules. Each credit under this
section
shall be claimed in the order required under section
5747.98 of the Revised
Code.
(I) An individual who is a resident for part of a taxable
year and a nonresident for the remainder of the taxable year is
allowed the credits under divisions (A) and (B) of this section
in
accordance with rules prescribed by the tax commissioner. In
no
event shall the same income be subject to both credits.
(J) The credit allowed under division (A) of this section
shall be calculated based upon the amount of tax due under
section
5747.02 of the Revised Code after subtracting any other
credits
that precede the credit under that division in the order required
under section 5747.98 of the Revised Code. The credit allowed
under division
(B) of this section shall be calculated based upon
the amount of
tax due under section 5747.02 of the Revised Code
after
subtracting any other credits that precede the credit under
that division in
the order required under section 5747.98 of
the
Revised Code.
(K) No credit shall be allowed under division (B) of this
section unless the taxpayer furnishes such proof as the tax
commissioner shall require that the income tax liability has been
paid to another state or the District of Columbia.
(L) No credit shall be allowed under division (B) of this
section for compensation that is not subject to the income tax of
another state or the District of Columbia as the result of an
agreement entered into by the tax commissioner under division
(A)(3) of this section.
Sec. 5747.057. (A) As used in this section:
(1) "Average of the payroll factor and the property
factor" means one-half multiplied by the sum of the payroll factor and the
property factor.
(2) Subject to divisions (C) and (I) of this section,
"export sales" means sales used in determining the denominator of
the sales factor under division (C) of section 5747.21 of the
Revised Code, as long as the sales meet the requirements of
division (A)(2)(a) of this section and either or both of
divisions (A)(2)(b) and (c) of this section.
(a) The gross receipts with respect to the sales qualify
as foreign trading gross receipts as defined under section 924 of
the Internal Revenue Code and regulations prescribed thereunder,
except not including foreign trading gross receipts defined under
section 924(a)(5) of the Internal Revenue Code and regulations
prescribed thereunder. In addition, for the purposes of division
(A)(2)(a) of this section, section 924 of the Internal Revenue
Code is considered to apply to any taxpayer, not just an FSC as
that term is defined under section 922 of the Internal Revenue
Code.
(b) In the case of sales of tangible personal property,
the taxpayer establishes by preponderance of the evidence that
the property is not received by the purchaser within the United
States. If the property is delivered by common carrier or by
other means of transportation, the place at which the property is
ultimately received after all transportation has been completed
shall be considered as the place at which the property is
received by the purchaser. Direct delivery in the United States,
other than for purposes of transportation, to a person or firm
designated by the purchaser constitutes delivery to the purchaser
in the United States. Direct delivery outside the United States
to a person or firm designated by the purchaser does not
constitute delivery to the purchaser in the United States,
regardless of where title passes or other condition of sale.
In addition, the taxpayer also establishes by clear and
convincing evidence one of the following:
(i) With respect to sales of tangible personal property to
a related member, within the twelve-month period subsequent to
the delivery to the related member, the related member in turn
sells the property, or leases it for a period of at least five
years, and delivers the property in the same form or as a
component part of other property to a purchaser or lessee who is
not a related member. In addition, during the twenty-four-month
period subsequent to such sale or lease by the related member,
the purchaser or lessee or a related member of the purchaser or
lessee does not receive, use, or consume the property, either in
the same form or as a component part of other property, within
the United States, and does not directly or indirectly sell or
lease the property, either in the same form or as a component
part of other property, for use or consumption in the United
States.
(ii) With respect to all other sales of tangible personal
property, during the twenty-four-month period subsequent to such
sale, the purchaser or a related member of the purchaser does not
receive, use, or consume the property, either in the same form or
as a component part of other property, in the United States, and
does not directly or indirectly sell the property, either in the
same form or as a component part of other property, for use or
consumption in the United States.
(c) In the case of sales of services, the taxpayer
establishes by preponderance of the evidence that the purchaser
uses or consumes the services or the object of the services in a
location other than the United States. If a purchaser will
receive and use or consume the services or the object of the
services both within and outside the United States, the sale is
considered to be a sale of services or of the object of the
services used or consumed outside the United States by the
purchaser only to the extent of such proportionate use or
consumption outside the United States. The taxpayer shall
establish by preponderance of the evidence that the services or
the object of the services was ultimately received and used or
consumed outside the United States. Direct or indirect sales of
services or the object of services to a related member do not
meet the requirements of division (A)(2)(c) of this section
unless the taxpayer establishes by clear and convincing evidence
that within the twelve-month period subsequent to the sale to the
related member, the related member in turn sold and delivered or
rendered the services or the object of the services to a person
who is not a related member and such person ultimately received
and used or consumed the services or the object of the services
outside the United States. In no event shall a sale of services
qualify as an export sale if the taxpayer or the taxpayer's
related member directly or indirectly acquired such services from
a person who is not a United States person and if the taxpayer or
the taxpayer's related member in turn directly or indirectly sold
such services in substantially the same form. For purposes of
this section, services are sold in substantially the same form
where more than fifty per cent of the fair market value of such
services sold is attributable to services directly or indirectly
purchased by the taxpayer or by the taxpayer's related member
from a person who is not a United States person.
(3) "Incremental increase in export sales" means one-half
of the difference obtained by subtracting the amount of the
taxpayer's export sales for the second preceding taxable year
from the amount of the taxpayer's export sales for the taxable
year.
If the taxpayer's taxable year is a period of greater than
or less than three hundred sixty-five days, or three hundred
sixty-six days for a taxable year that includes February
twenty-nine, the amount of the export sales for that taxable year
shall be adjusted and restated to an annualized amount.
(4) Subject to divisions (C), (F)(1), (I), and (J) of this
section, "Ohio payroll increase factor" means twelve and one-half
multiplied by the difference obtained by subtracting two
one-hundredths from the largest of the following quotients:
(a) The numerator of the payroll factor for the taxable
year minus the numerator of the payroll factor for the
immediately preceding taxable year, divided by the numerator of
the payroll factor for the immediately preceding taxable year;
(b) The numerator of the payroll factor for the taxable
year minus the numerator of the payroll factor for the second
preceding taxable year, divided by the numerator of the payroll
factor for the second preceding taxable year;
(c) The numerator of the payroll factor for the taxable
year minus the numerator of the payroll factor for the third
preceding taxable year, divided by the numerator of the payroll
factor for the third preceding taxable year.
If the numerator of the payroll factor for a taxable year
represents payroll for a period of greater than or less than
three hundred sixty-five days, or three hundred sixty-six days
for a taxable year that includes a twenty-ninth day of February,
for purposes of this section the numerator for that taxable year
shall be adjusted and restated to an annualized amount. If
neither the taxpayer nor its related members were subject to the
tax imposed by section 5747.02 of the Revised Code for any of the
three immediately preceding taxable years, the numerator of the payroll factor
for any such year shall be considered to be one dollar.
In no event shall the Ohio payroll increase factor be
greater than one or less than zero.
(5) Subject to divisions (C), (F)(2), and (I) of this
section, "Ohio property increase factor" means ten multiplied by
the largest of the following quotients:
(a) The numerator of the property factor for the taxable
year minus the numerator of the property factor for the
immediately preceding taxable year, divided by the numerator of
the property factor for the immediately preceding taxable year;
(b) The numerator of the property factor for the taxable
year minus the numerator of the property factor for the second
preceding taxable year, divided by the numerator of the property
factor for the second preceding taxable year;
(c) The numerator of the property factor for the taxable
year minus the numerator of the property factor for the third
preceding taxable year, divided by the numerator of the property
factor for the third preceding taxable year.
If neither the taxpayer nor its related members were
subject to the tax imposed by section 5747.02 of the Revised Code
for any of the three immediately preceding taxable years, the numerator of the
property factor for any such year shall be considered to be one
dollar.
In no event shall the Ohio property increase factor be
greater than one or less than zero.
(6) Subject to divisions (C), (I), and (J) of this
section, "payroll factor" has the same meaning as in division (B)
of section 5747.21 of the Revised Code with any adjustments,
exclusions, or alterations made in accordance with division (D)
of that section and without regard to the credit provided by
division (A) of section 5747.05 of the Revised Code.
(7) "Pre-tax profit from the incremental increase in
export sales" means fifteen per cent of the incremental increase
in export sales, except that the taxpayer may establish by
preponderance of the evidence that the pre-tax profit margin from
such sales is an amount exceeding fifteen per cent but not
exceeding fifty per cent. For purposes of this section, the
pre-tax profit margin shall be determined on a product line by
product line basis, and equals the quotient of the taxpayer's
adjusted gross income with respect to the product line, divided
by the taxpayer's sales for the product line less sales returns,
allowances, and discounts.
Nothing in division (A)(7) of this section shall be used or
construed to support a request under division (D) of section
5747.21 of the Revised Code.
(8) Subject to divisions (C) and (I) of this section,
"property factor" has the same meaning as in division (A) of
section 5747.21 of the Revised Code with any adjustments,
exclusions, or alterations made in accordance with division (D)
of that section and without regard to the credit provided by
division (A) of section 5747.05 of the Revised Code.
(9) "Related member" has the same meaning as under
division (A)(6) of in section 5733.042 of the Revised Code without
regard to division (B) of that section.
(10) "Tentative credit" means the credit under division
(B) of this section without regard to the limitations set forth
in division (D) of this section.
(11) "United States" means the United States and its
territories and possessions.
(12) "United States person" has the same meaning as under
section 7701(A)(30) of the Internal Revenue Code.
(B) A nonrefundable credit is allowed against the tax
imposed under section 5747.02 of the Revised Code. The credit
shall be claimed in the order required
under section 5747.98 of the Revised Code. Subject to
divisions (D) and (G) of this section, the credit equals the sum
of the following:
(1) For taxable years beginning in 1992 through taxable
years beginning in 1999, ten per cent of the product obtained by
multiplying all of the following together:
(a) The pre-tax profit from the incremental increase in
export sales for the taxable year;
(b) The average of the property factor and the payroll
factor for the taxable year;
(c) The greater of the Ohio payroll increase factor or the
Ohio property increase factor.
(2) For taxable years beginning in 1993 through taxable
years beginning in 2004, the sum of any amounts carried forward
from taxable years beginning in 1992 through taxable years
beginning in 1999 in accordance with division (E) of this
section.
(C) For purposes of this section, a taxpayer's export
sales and the numerators and denominators of the taxpayer's
payroll and property factors shall include the taxpayer's
proportionate shares of the export sales and numerators and
denominators of the payroll and property factors, respectively,
for all pass-through entities. For purposes of applying this
division, the tax commissioner shall be guided by the concepts
set forth in section 41(f)(2) of the Internal Revenue Code and
regulations prescribed thereunder.
Nothing in this division shall be construed to limit or
disallow pass-through treatment of a pass-through entity's
income, deductions, credits, or other amounts necessary to
compute the tax imposed by section 5747.02 of the Revised Code and the credits allowed
by this chapter.
(D) In no circumstance shall the credit provided by this
section be less than zero.
If a taxpayer's tentative credit for a taxable year is
greater than two hundred fifty thousand dollars or the taxpayer's
tax due after taking into account any other nonrefundable credits
that precede the credit under this section in the order required under section
5747.98 of the Revised Code, then the credit allowed to the taxpayer
for the taxable year shall not exceed the lesser of two hundred
fifty thousand dollars or the taxpayer's tax due after taking
into account any other nonrefundable credits that precede the credit under
this section in that order.
(E)(1) Pursuant to division (B)(2) of this section, the
greater of the amount described in division (E)(1)(a) or the
amount described in division (E)(1)(b) of this section shall be
allowed as a nonrefundable credit for the taxpayer in ensuing
taxable years:
(a) The excess, if any, of the tentative credit for the
taxable year over two hundred fifty thousand dollars;
(b) The excess, if any, of the tentative credit for the
taxable year over the tax due for the taxable year after taking
into account any other nonrefundable credits that precede the credit under
this section in the order required under section 5747.98 of the Revised Code.
(2) Any such amount allowed as a credit in an ensuing
taxable year shall be deducted from the balance carried forward
to the next ensuing taxable year. Such credit shall be taken
into account prior to the allowance of any credit for such
taxable year under division (B)(1) of this section. In no event
shall any amount or any portion of any amount described in
division (E)(1)(a) or (b) of this section be allowed in any
taxable year beginning after December 31, 2004.
(F)(1) With respect to the computation of the Ohio payroll
increase factor, divisions (A)(4)(b) and (c) of this section
shall not apply to taxable years beginning in 1992 or 1993, and
division (A)(4)(c) of this section shall not apply to taxable
years beginning in 1994.
(2) With respect to the computation of the Ohio property
increase factor, divisions (A)(5)(b) and (c) of this section
shall not apply to taxable years beginning in 1992 and 1993, and
division (A)(5)(c) of this section shall not apply to taxable
years beginning in 1994.
(G) The aggregate credit allowed to a taxpayer for taxable
years beginning in 1992 through taxable years beginning in 2004
shall not exceed three million two hundred fifty thousand
dollars.
(H) For purposes of divisions (E) and (G) and the
limitations set forth in division (D) of this section, married
taxpayers filing a joint return for the taxable year in
accordance with section 6013 of the Internal Revenue Code each
shall be considered to be a taxpayer. Each such taxpayer shall
have an annual limitation on the amount of the credit of the
lesser of two hundred fifty thousand dollars or that taxpayer's
portion of the tax due, after taking into account all other
nonrefundable credits provided by this chapter. Each such
taxpayer's portion of the tax due after taking into account all
other nonrefundable credits provided by this chapter, shall be
the product of the tax due after allowance for the sum of all
other nonrefundable credits and all refundable credits other than
amounts withheld and estimated tax payments multiplied by the
quotient of the tax that would have been due from the taxpayer
after allowance for the sum of all other nonrefundable credits
and all refundable credits other than amounts withheld and
estimated tax payments if the taxpayer were not filing a joint
return for the taxable year divided by the tax that would have
been due from both the taxpayer and the taxpayer's spouse after
allowance for the sum of all other nonrefundable credits and
refundable credits other than amounts withheld and estimated tax
payments if the taxpayer and spouse were not filing a joint
return for the taxable year.
(I)(1) If a taxpayer acquires the major portion of a trade
or business of another person or the major portion of a separate
unit of a trade or business of another person, then for purposes
of applying this section to the taxable year in which the
acquisition occurred and subsequent taxable years, the amount of
the taxpayer's export sales, payroll, subject to division (J) of
this section, and property for periods before the acquisition
shall be increased by so much of such amounts paid or incurred by
the previous owner of the acquired trade, business, or separate
unit as is attributable to the portion of such trade, business,
or separate unit acquired by the taxpayer.
(2) If a taxpayer disposes of a major portion of a trade
or business or the major portion of a separate unit of a trade or
business in a transaction to which division (I)(1) of this
section applies, and if the taxpayer furnished the acquiring
person such information as is necessary for the application of
division (I)(1) of this section, then for purposes of applying
this section to the taxable year in which the disposition
occurred and to subsequent taxable years, the amount of the
taxpayer's export sales, payroll, subject to division (J) of this
section, and property for periods before the disposition shall be
decreased by so much of such amounts as is attributable to the
portion of such trade, business, or separate unit disposed of by
the taxpayer.
(3) For purposes of applying this division, the tax
commissioner shall be guided by the concepts set forth in section
41(f)(3) of the Internal Revenue Code and regulations prescribed
thereunder.
(J) For purposes of this section, payroll and compensation
do not include amounts in excess of two hundred thousand dollars
directly or indirectly paid or accrued during the taxable year to
an employee. For purposes of applying this division, the
aggregate payroll and compensation directly or indirectly paid or
accrued by an employer and by the employer's related members, if
any, to an employee and to the employee's children,
grandchildren, parents, and spouse, other than a spouse who is
legally separated from the employee, shall be considered to be
paid to the employee.
If the aggregate payroll and compensation paid or accrued
by an employer and by an employer's related members during the
taxable year to the employee exceeds two hundred thousand
dollars, the employer's portion of such excess amount shall be
the product of the excess amount multiplied by the quotient of
the payroll and compensation paid or accrued by the employer
during the taxable year to the employee divided by the aggregate
payroll and compensation paid or accrued by the employer and by
the employer's related members during the taxable year to the
employee.
(K) With respect to allowing the credit provided by this
section, the tax commissioner shall be guided by the doctrines of
"economic reality," "sham transaction," "step transaction," and
"substance over form." The taxpayer shall bear the burden of
establishing by preponderance of the evidence that any
transaction giving rise to a claimed credit did not have as a
principal purpose the avoidance of any portion of the tax imposed
by section 5747.02 of the Revised Code.
Nothing in this section shall be construed to limit solely
to this section the application of the doctrines listed in this
division.
Sec. 5747.08. An annual return with respect to the tax
imposed by section 5747.02 of the Revised Code and each tax
imposed under Chapter 5748. of the Revised Code shall be made by
every taxpayer for any taxable year for which the taxpayer is
liable for the tax imposed by that section or under that chapter,
unless the total credits allowed under divisions (E), (F), and
(G)
of section 5747.05 of the Revised Code for the year are equal
to
or exceed the tax imposed by section 5747.02 of the Revised
Code,
in which case no return shall be required unless the
taxpayer is
liable for a tax imposed pursuant to Chapter 5748. of
the Revised
Code.
(A) If an individual is deceased, any return or notice
required of that individual under this chapter shall be made and
filed by that decedent's executor, administrator, or other
person
charged with the property of that decedent.
(B) If an individual is unable to make a return or notice
required by this chapter, the return or notice required of that
individual
shall be made and filed by the individual's duly
authorized agent,
guardian, conservator, fiduciary, or other
person charged with
the care of the person or property of that
individual.
(C) Returns or notices required of an estate or a trust
shall be made and filed by the fiduciary of the estate or trust.
(D)(1)(a) Except as otherwise provided in
division (D)(1)(b)
of this section, any
pass-through entity
may file a single return
on behalf of
one or more of the entity's investors other than an
investor that is a
person subject
to the tax imposed under section
5733.06 of the Revised Code. The single
return shall set forth
the name, address, and social security number
or other identifying
number of each
of those
pass-through entity investors
and shall
indicate the distributive
share of each of those
pass-through
entity investor's income
taxable in this state
in accordance with
sections 5747.20 to
5747.231 of the
Revised
Code. Such
pass-through entity investors
for whom the pass-through entity
elects to file a single return
are not entitled to the exemption
or credit provided for by
sections 5747.02 and 5747.022 of the
Revised
Code; shall calculate
the tax
before business credits at
the highest rate of tax set
forth in
section 5747.02 of the
Revised
Code for the taxable year
for
which the return is filed;
and are entitled to only their
distributive share of the business
credits as defined in
division
(D)(2) of this
section. A single
check drawn by the pass-through
entity shall
accompany
the return
in full payment of the tax due, as shown on the single return,
for
such investors, other than investors who are persons
subject to
the tax imposed under section 5733.06 of the
Revised Code.
(b)(i) A pass-through entity shall not
include in such a
single return any investor that is a trust to
the extent that any
direct or indirect current, future, or
contingent beneficiary of
the trust is a person subject to the
tax imposed under section
5733.06 of the
Revised Code.
(ii) A pass-through entity shall
not include in such a
single return any investor that is itself
a pass-through entity to
the extent that any direct or indirect
investor in the second
pass-through entity is a person subject
to the tax imposed under
section 5733.06 of the
Revised Code.
(c) Nothing in division
(D) of this section precludes
the
tax commissioner from requiring such investors to file the
return
and make the payment of taxes and related interest,
penalty, and
interest penalty required by this section or
section 5747.02,
5747.09, or 5747.15 of the
Revised Code. Nothing in division
(D)
of this section shall be
construed to provide to such an investor
or pass-through entity
any additional deduction or credit, other
than the credit
provided by division (J) of
this section, solely
on account of the entity's filing a return
in accordance with this
section. Such a pass-through entity also
shall make the filing
and payment of estimated taxes on behalf of the pass-through
entity
investors other than an
investor that is a person subject
to the tax imposed under section 5733.06
of the Revised Code.
(2) For the purposes of
this section,
"business credits"
means the credits
listed in section 5747.98 of the
Revised
Code
excluding the following
credits:
(a) The retirement credit under division (B) of section
5747.055 of
the Revised Code;
(b) The senior citizen credit under
division (C) of section
5747.05 of the Revised Code;
(c) The lump sum distribution credit
under division (D) of
section
5747.05 of the Revised
Code;
(d) The dependent care credit under
section 5747.054 of the
Revised
Code;
(e) The lump sum retirement income
credit under division (C)
of
section 5747.055 of the Revised
Code;
(f) The lump sum retirement income
credit under division (D)
of
section 5747.055 of the Revised
Code;
(g) The lump sum retirement income
credit under division (E)
of
section 5747.055 of the Revised
Code;
(h) The credit for displaced workers
who pay for job
training under section 5747.27 of the
Revised
Code;
(i) The For taxable years beginning before January 1, 2006, the twenty-dollar personal
exemption credit under
section 5747.022 of the
Revised
Code;
(j) The joint filing credit under
division (G) of section
5747.05
of the Revised
Code;
(k) The nonresident credit under
division (A) of section
5747.05
of the Revised
Code;
(l) The credit for a resident's
out-of-state income under
division
(B) of section 5747.05 of the
Revised
Code;
(m) For taxable years beginning after 2005, the dependent credit under division (A)(2) of section 5747.022 of the Revised Code;
(n) For taxable years beginning after 2005, the filing credit under divisions (B) and (C) of section 5747.022 of the Revised Code.
(3) The election provided for under division
(D) of this
section applies
only to the taxable year for which the election is
made by the
pass-through entity. Unless the tax commissioner
provides
otherwise, this election, once made, is binding and
irrevocable
for the taxable year for which the election is made.
Nothing in
this division shall be construed to provide for any
deduction or
credit that would not be allowable if a nonresident
pass-through
entity investor were to file an annual return.
(4) If a pass-through entity makes the election provided
for
under division (D) of this
section, the pass-through entity shall
be liable for any
additional taxes, interest, interest penalty, or
penalties imposed by this
chapter
if the
commissioner
finds that
the single return does
not reflect the
correct tax
due by
the
pass-through
entity investors
covered by that
return. Nothing in
this
division shall be
construed to limit or
alter the liability,
if
any, imposed on
pass-through entity
investors for unpaid or
underpaid taxes,
interest, interest
penalty, or penalties as a
result of the
pass-through entity's
making the election provided
for under
division (D) of this
section.
For the purposes of
division
(D) of
this section,
"correct tax due" means the tax that
would have been
paid by the
pass-through entity had the single
return been filed
in a manner
reflecting
the
commissioner's
findings. Nothing
in
division (D) of this section
shall be
construed to make or hold
a
pass-through entity liable
for tax
attributable to a
pass-through
entity investor's
income
from a
source other than the
pass-through
entity electing
to file
the
single return.
(E) If a husband and wife file a joint federal income tax
return for a taxable year, they shall file a joint return under
this section for that taxable year, and their liabilities are
joint and several, but, if the federal income tax liability of
either spouse is determined on a separate federal income tax
return, they shall file separate returns under this section.
If either spouse is not required to file a federal income
tax
return and either or both are required to file a return
pursuant
to this chapter, they may elect to file separate or
joint returns,
and, pursuant to that election, their liabilities are
separate or
joint and several. If a husband and wife file
separate returns
pursuant to this chapter, each must claim the taxpayer's
own
exemption, but not both, as authorized under
section
5747.02 of
the Revised Code on the taxpayer's own
return.
(F) Each return or notice required to be filed under this
section shall contain the signature of the taxpayer
or the
taxpayer's duly authorized
agent and of the person who prepared
the return for the
taxpayer, and shall include the taxpayer's
social security
number. Each return shall be verified by a
declaration
under the penalties of perjury. The tax commissioner
shall prescribe the
form that the signature and declaration shall
take.
(G) Each (1) Unless the taxpayer files and pays in accordance with division (G)(2) of this section, then on or before the fifteenth day of April of each year, each return or notice required to be filed under this
section shall be made and filed as required by section 5747.04 of
the Revised Code, on or before the fifteenth day of April of each
year, on paper forms that the tax commissioner shall prescribe,
together
with remittance made payable to the treasurer of state
in the
combined amount of the state and all school district
income taxes
shown to be due on the form or forms, unless the combined amount
shown to
be due is one dollar or less, in which case that amount
need not
be remitted.
Division (G)(1) of this section does not apply if the commissioner adopts rules under section 5703.054 of the Revised Code that require electronic filing of the return, notice, or remittance.
(2) Each year, on or before the last day of April, returns and notices required to be filed under this section may be filed as required by section 5747.04 of the Revised Code in an electronic format prescribed by the tax commissioner, together with remittance in such electronic format as the commissioner prescribes, of the combined amount of the state and all school district income taxes shown to be due on the form or forms, unless the combined amount shown to be due is one dollar or less, in which case that amount need not be remitted. If the commissioner adopts rules under section 5703.054 of the Revised Code that require taxpayers to electronically file the return or notice or make the remittance electronically, then "shall" shall be substituted for "may" in division (G)(2) of this section.
(3) Upon good cause shown, the commissioner may extend the
period
for filing any notice or return required to be filed under
this
section and may adopt rules relating to extensions. If the
extension results in an extension of time for the payment of any
state or school district income tax liability with respect to
which the return is filed, the taxpayer shall pay at the time the
tax liability is paid an amount of interest computed at the rate
per annum prescribed by section 5703.47 of the Revised Code on
that liability from the time that payment is due without
extension
to the time of actual payment. Except as
provided in section
5747.132 of the Revised Code, in
addition to all
other interest
charges and penalties, all taxes imposed under this chapter
or
Chapter 5748. of the
Revised
Code and remaining
unpaid after they
become due, except combined amounts due of one
dollar or less,
bear interest at the rate per annum prescribed by
section 5703.47
of the Revised Code until paid or until the day an
assessment is
issued under section 5747.13 of the Revised Code, whichever
occurs
first.
(4) If the commissioner
considers it necessary in order to ensure
the payment of the tax imposed by
section 5747.02 of the Revised
Code or any tax imposed under
Chapter 5748. of the Revised Code,
the commissioner may require
returns and payments to be made
otherwise than as provided in
this section.
(H) If any report, claim, statement, or other document
required to be filed, or any payment required to be made, within
a
prescribed period or on or before a prescribed date under this
chapter is delivered after that period or that date by United
States mail to the agency, officer, or office with which the
report, claim,
statement, or other document is required to be
filed, or to which the payment is required to be made, the date
of
the postmark stamped on the cover in which the report, claim,
statement, or other document, or payment is mailed shall be
deemed
to be the date of delivery or the date of payment. An electronically transmitted return shall be considered filed when transmitted as prescribed by the tax commissioner.
If a payment is required to be made by electronic funds
transfer pursuant to section 5747.072 of the Revised Code, or if a payment is made electronically under division (G)(2) of this section, the
payment is considered to be made when the payment is received by
the treasurer of state or credited to an account designated by
the
treasurer of state for the receipt of tax payments.
"The date of the postmark" means, in the event there
is more
than one date on the cover, the earliest date imprinted
on the
cover by the United States postal service.
(I) The amounts withheld by the employer pursuant to
section
5747.06 of the Revised Code shall be allowed to the
recipient of
the compensation as credits against payment of the
appropriate
taxes imposed on the recipient by section
5747.02 and under
Chapter 5748. of the Revised Code.
(J) If, in accordance
with division (D) of this
section, a
pass-through entity elects to file a single return
and if any
investor is required to file the return and make the
payment of
taxes required by this chapter on account of the
investor's other
income that is not included in a single return
filed by a
pass-through entity, the investor is entitled to a
refundable
credit equal to the investor's proportionate share of
the tax paid
by the pass-through entity on behalf of the
investor. The
investor shall claim the credit for the
investor's taxable year in
which or with which ends the taxable
year of the pass-through
entity. Nothing in this chapter shall
be construed to allow any
credit provided in this chapter to be
claimed more than once. For
the purposes of computing any
interest, penalty, or interest
penalty, the investor shall be
deemed to have paid the refundable
credit provided by this
division on the day that the pass-through
entity paid the
estimated tax or the tax giving rise to the
credit.
Sec. 5747.09. (A) As used in this section:
(1) "Estimated taxes" means the amount that the taxpayer
estimates to be the taxpayer's combined tax liability under
this chapter and Chapter 5748. of the Revised
Code for the current taxable
year.
(2) "Tax liability" means the total taxes due for the
taxable year, after allowing any credit to which the taxpayer is
entitled, but prior to applying any estimated tax payment,
withholding payment, or refund from another tax year.
(3) "Taxes paid" include payments of estimated taxes made
under division (C) of this section, taxes withheld from the
taxpayer's compensation, and tax refunds applied by the taxpayer
in payment of estimated taxes.
(B) Every taxpayer shall make declaration of estimated
taxes for the current taxable year, in the form that the tax
commissioner shall prescribe, if the amount payable as estimated
taxes, less the amount to be withheld from the taxpayer's
compensation, is more than five hundred dollars. For
purposes
of this section, taxes withheld from compensation shall be
considered as paid in equal amounts on each payment date unless
the taxpayer establishes the dates on which all amounts were
actually withheld, in which case the amounts withheld shall be
considered as paid on the dates on which the amounts were
actually withheld. Taxpayers filing joint returns pursuant to
section 5747.08 of the Revised Code shall file joint declarations
of estimated taxes. A taxpayer may amend a declaration under
rules prescribed by the commissioner. A taxpayer having a
taxable year of less than twelve months shall make a declaration
under rules prescribed by the commissioner. The declaration of
estimated taxes for an individual under a disability shall be
made and filed by the person who is required to file the income
tax return.
The (1) Except as provided in division (B)(2) of this section, the declaration of estimated taxes shall be filed on or
before the fifteenth day of April of each year or on or before
the fifteenth day of the fourth month after the taxpayer becomes
subject to tax for the first time.
Taxpayers reporting on a fiscal year basis shall file a
declaration on or before the fifteenth day of the fourth month
after the beginning of each fiscal year or period.
The declaration shall be filed upon a form prescribed by
the commissioner and furnished by or obtainable from the
commissioner.
The original declaration or any subsequent amendment may be
increased or decreased on or before any subsequent quarterly
payment day as provided in this section.
(2) If, for the immediately preceding taxable year, the taxpayer fully complies with division (G)(2) of section 5747.08 of the Revised Code, then "last" shall be substituted for "fifteenth" each time it appears in division (B)(1) of this section.
(C) The required portion of the tax liability for the
taxable year that shall be paid through estimated taxes made
payable to the treasurer of state, including the application of
tax refunds to estimated taxes, and withholding on or before the
applicable payment date shall be as follows:
(1) On (a) Except as provided in division (C)(1)(b) of this section, on or before the fifteenth day of the fourth month
after the beginning of the taxable year, twenty-two and one-half
per cent of the tax liability for the taxable year;
(b) If, for the immediately preceding taxable year, the taxpayer fully complies with division (G)(2) of section 5747.08 of the Revised Code, then "last" shall be substituted for "fifteenth" in division (C)(1)(a) of this section.
(2) On or before the fifteenth day of the sixth month
after the beginning of the taxable year, forty-five per cent of
the tax liability for the taxable year;
(3) On or before the fifteenth day of the ninth month
after the beginning of the taxable year, sixty-seven and one-half
per cent of the tax liability for the taxable year;
(4) On or before the fifteenth day of the first month of
the following taxable year, ninety per cent of the tax liability
for the taxable year.
When an amended return has been filed, the unpaid balance
shown due on the amended return shall be paid in equal
installments on or before the remaining payment dates.
On Except as otherwise provided in division (G)(2) of section 5747.08 of the Revised Code, on or before the fifteenth day of the fourth month of the
year following that for which the declaration or amended
declaration was filed, an annual return shall be filed and any
balance which may be due shall be paid with the return in
accordance with that section 5747.08 of the Revised Code.
(D) In the case of any underpayment of estimated taxes, an
interest penalty shall be added to the taxes for the tax year at
the rate per annum prescribed by section 5703.47 of the Revised
Code upon the amount of underpayment for the period of
underpayment, unless the underpayment is due to reasonable cause
as described in division (E) of this section. The amount of the
underpayment shall be determined as follows:
(1) For the first payment of estimated taxes each year,
twenty-two and one-half per cent of the tax liability, less the
amount of taxes paid by the date prescribed for that payment;
(2) For the second payment of estimated taxes each year,
forty-five per cent of the tax liability, less the amount of
taxes paid by the date prescribed for that payment;
(3) For the third payment of estimated taxes each year,
sixty-seven and one-half per cent of the tax liability, less the
amount of taxes paid by the date prescribed for that payment;
(4) For the fourth payment of estimated taxes each year,
ninety per cent of the tax liability, less the amount of taxes
paid by the date prescribed for that payment.
The period of the underpayment shall run from the day the
estimated payment was required to be made to the date on which
the payment is made. For purposes of this section, a payment of
estimated taxes on or before any payment date shall be considered
a payment of any previous underpayment only to the extent the
payment of estimated taxes exceeds the amount of the payment
presently required to be paid to avoid any penalty.
The interest penalty imposed under division (D) of this
section shall be in lieu of any other interest charge or penalty
imposed for failure to file an estimated return and make
estimated payments as required by this section.
(E) An underpayment of estimated taxes determined under
division (D) of this section shall be due to reasonable cause and
the interest penalty imposed by this section shall not be added
to the taxes for the tax year if either of the following apply:
(1) The amount of tax that was paid equals at least ninety
per cent of the tax liability for the current taxable year,
determined by annualizing the income received during the year up
to the end of the month immediately preceding the month in which
the payment is due;
(2) The amount of tax that was paid equals at least one
hundred per cent of the tax liability shown on the return of the
taxpayer for the preceding taxable year, provided that the
immediately preceding taxable year reflected a period of twelve
months and the taxpayer filed a return under section 5747.08 of
the Revised Code for that year.
The tax commissioner may waive the requirement for filing a
declaration of estimated taxes for any class of taxpayers after finding
that the waiver is reasonable and proper in
view of
administrative costs and other factors.
Sec. 5747.30. (A) As used in this section:
(1) "Commercial printer," "commercial printing," "contract for printing,"
"intangible property located at the premises of a commercial printer," and
"printed material" have the same meanings as in division (D) of section
5733.09 of the Revised Code.
(2) "Related member" has the same meaning as in division (A)(6) of section
5733.042 of the Revised Code without regard to division (B) of that section.
(B) Except as provided in divisions (C) and (D) of this section, a
nonresident not otherwise subject to the tax imposed by
section 5747.02 of the Revised Code for a taxable year does not become subject
to that tax for the taxable year solely by
reason of any one or more of the following occurring in this
state during all or any portion of the taxable year:
(1) Ownership by the nonresident, a pass-through entity
in which the nonresident has directly or indirectly invested, or
a related member of the nonresident, of tangible personal
property or intangible property located during all or any
portion of the taxable year at the premises of a commercial
printer with which the nonresident, pass-through entity, or
nonresident's related member has a contract for printing with
respect to such property or the premises of a commercial
printer's related member with which the nonresident,
pass-through entity, or nonresident's related member has a
contract for printing with respect to such property;
(2) Sales by the nonresident, a pass-through entity in
which the nonresident has directly or indirectly invested, or a
related member of the nonresident, of property produced at and
shipped or distributed from the premises of a commercial printer
with which the nonresident, pass-through entity, or
nonresident's related member has a contract for printing with
respect to such property or the premises of a commercial
printer's related member with which the nonresident,
pass-through entity, or nonresident's related member has a
contract for printing with respect to such property;
(3) Activities of employees, officers, agents, or
contractors of the nonresident, a pass-through entity in which
the nonresident has directly or indirectly invested, or a
related member of the nonresident, on the premises of a
commercial printer with which the nonresident, pass-through
entity, or nonresident's related member has a contract for
printing or the premises of a commercial printer's related
member with which the nonresident, pass-through entity, or
nonresident's related member has a contract for printing, where
such activities are directly and solely related to quality
control, distribution, or printing services, or any combination
thereof, performed by or at the direction of the commercial
printer or the commercial printer's related member.
(C) The exemption under this section does not apply to a
taxable year during any portion of which the individual or
estate directly or indirectly owned or invested in a
pass-through entity which during any portion of the taxable year
of the individual or estate owned or used all or a portion of
its property or capital in this state or earned or received
income in this state or was doing business in this state. The
exemption under this section also does not apply to any
individual or estate for a taxable year during any portion of
which the individual or estate directly or indirectly owned or
invested in a pass-through entity which during any portion of
such taxable year was a related member to any entity which
during any portion of such taxable year owned or used all or a
portion of its property or capital in this state or earned or
received income in this state or was doing business in this
state.
(D) With respect to allowing the exemption under this section,
the tax commissioner
shall be guided by the doctrines of "economic reality," "sham
transaction," "step transaction," and "substance over form." A
nonresident shall bear the burden of establishing by a
preponderance of the evidence that any transaction giving rise
to an exemption claimed under this section did not have as a
principal purpose the avoidance of any portion of the tax
imposed by section 5747.02 of the
Revised Code.
Application of the doctrines listed in this division is
not limited to this section.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is
entitled in the following order:
(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of
section
5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of
the
Revised Code;
(5) The lump sum retirement income credit under division
(C)
of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division
(D)
of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division
(E)
of section 5747.055 of the Revised Code;
(8) The credit for displaced workers who pay for job
training under section 5747.27 of the Revised Code;
(9) The campaign contribution credit under section
5747.29
of
the Revised Code;
(10) The twenty-dollar personal exemption credit credits under
section 5747.022 of the Revised Code;
(11) The credit for adoption of a minor child under section 5747.37 of the Revised Code;
(12) The joint filing credit under division (G) of
section
5747.05 of the Revised Code;
(12)(13) The nonresident credit under division (A) of
section
5747.05 of the Revised Code;
(13)(14) The credit for a resident's out-of-state income
under
division (B) of section 5747.05 of the Revised Code;
(14) The credit for employers that enter
into agreements
with child day-care centers under section 5747.34 of the
Revised
Code;
(15) The credit for employers that reimburse employee
child
day-care
expenses under section 5747.36 of the Revised Code;
(16) The credit for adoption of a minor child under section
5747.37 of the Revised Code;
(17) The credit for purchases of lights and reflectors under
section
5747.38 of the Revised Code;
(18)(15)
The job retention credit under division (B) of section
5747.058 of the Revised Code;
(19)(16) The credit for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a nonrefundable credit under section 150.07 of the Revised Code;
(20)(17) The credit for purchases of new manufacturing
machinery
and equipment
under section 5747.26 or section 5747.261
of the
Revised Code;
(21)(18) The second credit for purchases of new
manufacturing
machinery and
equipment and the credit for using
Ohio coal under
section 5747.31 of the
Revised Code;
(22)(19) The job training credit under section 5747.39 of
the
Revised Code;
(23) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(24)(20) The credit for the eligible costs associated with a
voluntary action
under section 5747.32 of the Revised Code;
(25)(21) The credit
for employers that establish on-site
child
day-care centers under section
5747.35 of the Revised Code;
(26)(22)
The ethanol plant investment credit under section
5747.75 of the Revised Code;
(27) The credit for purchases of qualifying grape
production
property under section 5747.28 of the Revised Code;
(28)(23) The export sales credit under section 5747.057 of
the
Revised Code;
(29)(24) The credit for research and development and
technology
transfer investors under section 5747.33 of the Revised
Code;
(30)
The enterprise zone credits under
section 5709.65
of
the
Revised Code;
(31)(25) The refundable jobs creation credit
under
division
(A)
of section
5747.058 of the Revised Code;
(32)(26) The refundable credit for taxes paid by a
qualifying
entity granted under section 5747.059 of the Revised
Code;
(33)(27) The refundable credits for taxes paid by a
qualifying
pass-through
entity granted under division (J) of
section 5747.08
of the Revised Code;
(34)(28) The refundable credit for tax withheld under
division
(B)(1) of section 5747.062 of the Revised Code;
(35)(29) The credit for losses on loans made to the Ohio venture
capital program under sections 150.01 to 150.10 of the Revised
Code if the taxpayer elected a refundable credit under section
150.07 of the Revised Code.
(B) For any credit, except the credits enumerated
in divisions (A)(31)(25) to (35)(29) of
this
section
and
the
credit granted under division
(I) of
section
5747.08 of
the
Revised Code, the amount of the credit
for
a
taxable year
shall
not
exceed the tax due after allowing for any
other credit
that
precedes it in the order required under this
section. Any
excess
amount of a particular credit may be carried
forward if
authorized
under the section creating that credit.
Nothing in this
chapter
shall be construed to allow a taxpayer to
claim, directly
or
indirectly, a
credit more than once for a
taxable year.
Sec. 5748.01. As used in this chapter:
(A) "School district income tax" means an income tax
adopted under one of the following:
(1) Former section 5748.03 of the Revised Code as it
existed prior to its repeal by Amended Substitute House Bill No.
291 of the 115th general assembly;
(2) Section 5748.03 of the Revised Code as enacted in
Substitute Senate Bill No. 28 of the 118th general assembly;
(3) Section 5748.08 of the Revised Code as enacted in Amended
Substitute Senate Bill
No. 17 of the 122nd general assembly.
(B) "Individual" means an individual subject to the tax
levied by section 5747.02 of the Revised Code.
(C) "Estate" means an estate subject to the tax levied by
section 5747.02 of the Revised Code.
(D) "Taxable year" means a taxable year as defined in
division (M) of section 5747.01 of the Revised Code.
(E) "Taxable income" means:
(1) In the case of an individual, adjusted gross income
for the taxable year as defined in division (A) of section
5747.01 of the Revised Code, less the exemptions provided by
section 5747.02 5747.025 of the Revised Code;. For taxable years beginning after 2005, the exemption amounts under division (E)(1) of this section shall be the amounts prescribed under section 5747.025 of the Revised Code as that section existed on December 31, 2005.
(2) In the case of an estate, taxable income for the
taxable year as defined in division (S) of section 5747.01 of the
Revised Code.
(F) Except as provided in section 5747.25 of the Revised
Code, "resident" of the school district means:
(1) An individual who is a resident of this state as
defined in division (I) of section 5747.01 of the Revised Code
during all or a portion of the taxable year and who, during all
or a portion of such period of state residency, is domiciled in
the school district or lives in and maintains a permanent place
of abode in the school district;
(2) An estate of a decedent who, at the time of death,
was domiciled in the school district.
(G) "School district income" means:
(1) With respect to an individual, the portion of the
taxable income of an individual that is received by the
individual during the portion of the taxable year that the
individual is a resident of the school district and the school
district income tax is in effect in that school district. An
individual may have school district income with respect to more
than one school district.
(2) With respect to an estate, the taxable income of the
estate for the portion of the taxable year that the school
district income tax is in effect in that school district.
(H) "Taxpayer" means an individual or estate having school
district income upon which a school district income tax is
imposed.
(I) "School district purposes" means any of the purposes
for which a tax may be levied pursuant to section 5705.21 of the
Revised Code.
Sec. 5749.02. (A) For the purpose of providing revenue to
administer the state's coal mining and reclamation regulatory
program, to meet the environmental and resource management needs
of this state, and to reclaim land affected by mining, an excise
tax is hereby levied on the privilege of engaging in the
severance of natural resources from the soil or water of this
state. The tax shall be imposed upon the severer and shall be:
(1) Seven Ten cents per ton of coal;
(2) Four cents per ton of salt;
(3) Two cents per ton of limestone or dolomite;
(4) Two cents per ton of sand and gravel;
(5) Ten cents per barrel of oil;
(6) Two and one-half cents per thousand cubic feet of
natural gas;
(7) One cent per ton of clay, sandstone or conglomerate,
shale, gypsum, or quartzite.
(B) Of the moneys received by the treasurer of state from
the tax levied in division (A)(1) of this section, six four and
three-tenths four-tenths per cent shall be credited to the geological mapping
fund created in section 1505.09 of the Revised Code, fourteen nine and
two-tenths nine-tenths per cent shall be credited to the
reclamation forfeiture fund
created in section 1513.18 of the Revised Code,
fifty-seven seventy and nine-tenths six-tenths per cent shall be credited to the
coal mining administration and reclamation reserve fund created
in section 1513.181 of the Revised Code, and the remainder shall
be credited to the unreclaimed lands fund created in section
1513.30 of the Revised Code. When, at any time during a fiscal year, the
chief
of the division of mineral resources
management
finds that the balance of the coal mining
administration and reclamation reserve fund is below two million
dollars, the chief shall certify that fact to the director of
budget and management. Upon receipt of the chief's
certification, the director shall direct the treasurer of state
to instead credit to the coal mining administration and
reclamation reserve fund during the remainder of the fiscal year for
which the
certification is made the fourteen fifteen and two-tenths one-tenth per cent of the
moneys collected from the tax levied in division (A)(1) of this
section and otherwise required by this division to be credited to
the reclamation forfeiture unreclaimed lands fund.
Fifteen Fifty per cent of the moneys received by the treasurer of
state from the tax levied in division (A)(2) of this section
shall be credited to the geological mapping fund and the
remainder shall be credited to the unreclaimed lands surface mining fund created in section 1514.06 of the Revised Code.
Of the moneys received by the treasurer of state from the
tax levied in divisions (A)(3) and (4) of this section, seven and
five-tenths fifteen per cent shall be credited to the geological mapping
fund, forty-two and five-tenths two per cent shall be credited to the
unreclaimed lands fund, and the remainder shall be credited to
the surface mining fund created in section
1514.06 of the Revised Code.
Of the moneys received by the treasurer of state from the
tax levied in divisions (A)(5) and (6) of this section,
ninety per cent shall be credited to the oil and gas well
fund created in section 1509.02 of
the Revised Code and ten per cent shall be credited to the
geological mapping fund. All
Fifty per cent of the
moneys received by the treasurer of state from the tax levied in
division (A)(7) of this section shall be credited to the geological mapping fund, and the remainder shall be credited to the surface
mining fund.
(C) For the purpose of paying the state's expenses for
reclaiming mined lands that the operator failed to reclaim
under a coal
mining and reclamation permit issued under Chapter 1513. of the Revised Code,
or under a surface mining permit issued under Chapter 1514. of the Revised
Code, for
which the operator's bond is not
sufficient to pay the state's expense for reclamation, there is
hereby levied an excise tax on the privilege of engaging in the
severance of coal from the soil or water of this state in
addition to the taxes levied by divisions (A)(1) and (D) of this
section. The tax shall be imposed at the rate of one cent per
ton of coal. Moneys received by
the treasurer of state from the tax levied under this division
shall be credited to the reclamation forfeiture fund
created in section 1513.18 of the Revised
Code.
(D) For the purpose of paying the state's expenses for
reclaiming coal mined lands that the operator failed to reclaim
in accordance with Chapter 1513. of the Revised Code under a coal
mining and reclamation permit issued after April 10, 1972, but
before September 1, 1981, for which the operator's bond is not
sufficient to pay the state's expense for reclamation and paying
the expenses for administering the state's coal mining and
reclamation regulatory program, there is hereby levied an excise
tax on the privilege of engaging in the severance of coal from
the soil or water of this state in addition to the taxes levied
by divisions (A)(1) and (C) of this section. The tax shall be
imposed at the rate of one cent five cents per ton of coal as prescribed in
this division. Moneys received by the treasurer of state from
the tax levied by this division shall be credited to the
reclamation forfeiture fund created
in section 1513.18
of the Revised Code.
When, at the close of any fiscal year, the chief finds that
the balance of the reclamation
forfeiture fund, plus estimated transfers
to it from the coal mining and reclamation reserve fund under
section 1513.181 of the Revised Code, plus the estimated revenues
from the tax levied by this division for the remainder of the
calendar year that includes the close of the fiscal year, are
sufficient to complete the reclamation of such lands, the
purposes for which the tax under this division is levied shall be
deemed accomplished at the end of that calendar year. The chief,
within thirty days after the close of the fiscal year,
shall certify those findings to the tax commissioner, and
the tax shall
cease to be imposed after the last day of that calendar year.
(E) On the day fixed for the payment of the severance
taxes required to be paid by this section, the taxes with any
penalties or interest on them
shall become a lien on all property
of the taxpayer in this state whether the property is employed
by the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of
creditors or stockholders. The lien shall continue until the
taxes and any penalties or interest thereon are paid.
Upon failure of the taxpayer to pay a tax on the day fixed
for payment, the tax commissioner may file, for which no filing
fee shall be charged, in the office of the county recorder in
each county in this state in which the taxpayer owns or has a
beneficial interest in real estate, notice of the lien containing
a brief description of the real estate. The lien shall not be
valid as against any mortgagee, purchaser, or judgment creditor
whose rights have attached prior to the time the notice is filed
in the county in which the real estate that is the subject of
the mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the
"severance tax lien record" and indexed under the name of the
taxpayer charged with the tax. When the tax has been paid, the
tax commissioner shall furnish to the taxpayer an acknowledgement
of payment, which the taxpayer may record with the recorder of
each county in which notice of the lien has been filed.
Sec. 6101.09. Within thirty days after the conservancy
district has been declared a corporation by the court, the clerk
of such court shall transmit to the secretary of state, to the
director of the department of natural resources, and to the
county recorder in each of the counties having lands in the
district, copies of the findings and the decree of the court
incorporating the district. The same shall be filed and recorded
in the office of the secretary of state in the same manner as
articles of incorporation are required to be filed and recorded
under the general law concerning corporations. Copies shall also
be filed and become permanent records in the office of the
recorder of each county in which a part of the district lies.
Each recorder shall receive a base fee of one dollar for filing and
preserving such copies and a housing trust fund fee of one dollar pursuant to section 317.36 of the Revised Code, and the secretary of state shall receive
for filing and for recording the copies a fee of twenty-five
dollars.
Sec. 6109.21. (A) Except as provided in divisions (D)
and
(E) of this section, on and after January 1, 1994, no person
shall
operate or maintain a public water system in this state
without a
license issued by the director of environmental
protection. A
person who operates or maintains a public water
system on January
1, 1994, shall obtain an initial license under
this section in
accordance with the following schedule:
(1) If the public water system is a community water
system,
not later than January 31, 1994;
(2) If the public water system is not a community water
system and serves a nontransient population, not later than
January 31, 1994;
(3) If the public water system is not a community water
system and serves a transient population, not later than January
31, 1995.
A person proposing to operate or maintain a new public
water
system after January 1, 1994, in addition to complying with
section 6109.07 of the Revised Code and rules adopted under it,
shall submit an application for an initial license under this
section to the director prior to commencing operation of the
system.
A license or license renewal issued under this section
shall
be renewed annually. Such a license or license renewal
shall
expire on the thirtieth day of January in the year
following its
issuance. A license holder that proposes to
continue operating
the public water system for which the license
or license renewal
was issued shall apply for a license renewal
at least thirty days
prior to that expiration date.
The director shall adopt, and may amend and rescind, rules
in
accordance with Chapter 119. of the Revised Code establishing
procedures governing and information to be included on
applications for licenses and license renewals under this
section.
Through June 30,
2004 2006, each application shall
be accompanied
by
the appropriate fee established under division
(M) of section
3745.11 of the Revised Code, provided that an
applicant for an
initial license who is proposing to operate or
maintain a new
public water system after January 1, 1994, shall
submit a fee that
equals a prorated amount of the appropriate fee
established under
that division for the remainder of the
licensing year.
(B) Not later than thirty days after receiving a completed
application and the appropriate license fee for an initial
license
under division (A) of this section, the director shall
issue the
license for the public water system. Not later than
thirty days
after receiving a completed application and the
appropriate
license fee for a license renewal under division (A)
of this
section, the director shall do one of the following:
(1) Issue the license renewal for the public water system;
(2) Issue the license renewal subject to terms and
conditions that the director determines are necessary to ensure
compliance with this chapter and rules adopted under it;
(3) Deny the license renewal if the director finds that the
public
water system was not operated in substantial compliance
with this
chapter and rules adopted under it.
(C) The director may suspend or revoke a license or
license
renewal issued under this section if the director finds that
the
public water system was not operated in substantial compliance
with this chapter and rules adopted under it. The director shall
adopt, and may amend and rescind, rules in accordance with
Chapter
119. of the Revised Code governing such suspensions and
revocations.
(D)(1) As used in division (D) of this section,
"church"
means a fellowship of believers, congregation, society,
corporation,
convention, or association that is formed primarily
or exclusively for
religious purposes and that is not formed or
operated for the private profit
of any person.
(2) This section does not apply to a church that operates or
maintains a
public water system solely to provide water for that
church or for a
campground that is owned by the church and
operated primarily or exclusively
for members of the church and
their families. A church that,
on or before March 5, 1996, has
obtained a license
under this section for such a public water
system need not obtain a license
renewal under this section.
(E) This section does not apply to any public or nonpublic
school that meets minimum standards of the state board of
education that
operates or maintains a public water system solely
to provide water for that
school.
Sec. 6111.044. Upon receipt of an application for an
injection well drilling permit, an injection well operating
permit, a renewal of an injection well operating permit, or a
modification of an injection well drilling permit, operating
permit, or renewal of an operating permit, the director of
environmental protection shall determine whether the application
is complete and demonstrates that the activities for which the
permit, renewal permit, or modification is requested will comply
with the Federal Water Pollution Control Act and regulations
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted
under it; and this chapter and the rules adopted under it. If
the
application demonstrates that the proposed activities will
not
comply or will pose an unreasonable risk of inducing seismic
activity, inducing geologic fracturing, or contamination of an
underground source of drinking water, the director shall deny
the
application. If the application does not make the required
demonstrations, the director shall return it to the applicant
with
an
indication of those matters about which a required
demonstration
was not made. If the director determines that the
application makes the
required demonstrations, the director shall
transmit copies
of the application and all of the accompanying
maps, data, samples, and
information to the chief of the division
of mineral
resources management, the
chief of the division of
geological survey, and the chief of the
division of water
in the
department of natural resources.
The chief of the division of geological survey shall
comment
upon the application if the chief determines that the
proposed
well or injection will present an unreasonable risk of loss or
damage to valuable mineral resources. If the chief submits
comments on the application, those comments shall be accompanied
by an evaluation of the geological factors upon which the
comments
are based, including fractures, faults, earthquake
potential, and
the porosity and permeability of the injection
zone and confining
zone, and by the documentation supporting the
evaluation. The
director shall take into consideration the
chief's comments, and
the accompanying evaluation of geologic
factors and supporting
documentation, when considering the
application. The director
shall provide written notice to the
chief of the director's
decision on the application and, if
the chief's
comments are not
included in the permit, renewal permit, or
modification, of the
director's rationale for not including them.
The chief of the division of mineral resources
management
shall comment upon
the application if the chief determines that
the proposed
well or injection will present an unreasonable risk
that waste or
contamination of recoverable oil or gas in the earth
will occur.
If the chief submits comments on the application,
those comments
shall be accompanied by an evaluation of the oil or
gas reserves
that, in the best professional judgment of the chief,
are
recoverable and will be adversely affected by the proposed
well
or injection, and by the documentation supporting the
evaluation.
The director shall take into consideration the
chief's comments,
and the accompanying evaluation and supporting
documentation,
when considering the application. The director
shall provide
written notice to the chief of the director's
decision on
the application
and, if the chief's comments are not
included in the permit,
renewal permit, or modification, of the
director's rationale for
not including them.
The chief of the division of water shall assist the
director
in determining whether all underground sources of
drinking water
in the area of review of the proposed well or
injection have been
identified and correctly delineated in the
application. If the
application fails to identify or correctly
delineate an
underground source of drinking water, the
chief shall provide
written notice of that fact to the director.
The chief of the division of mineral resources
management
also shall review the
application as follows:
If the application concerns the drilling or conversion of a
well or the injection into a well that is not or is not to
be
located within five thousand feet of the excavation and workings
of a mine, the chief of the division of mineral resources
management
shall note upon the
application that it has been
examined by the division of mineral resources
management,
retain a
copy of the application and map, and immediately return
a copy of
the application to the director.
If the application concerns the drilling or conversion of a
well or the injection into a well that is or is to be
located
within five thousand feet, but more than five hundred feet from
the surface excavations and workings of a mine, the chief of the
division of mineral resources management
immediately shall notify
the owner or lessee of
the mine that the application has been
filed and send to the
owner or lessee a copy of the map
accompanying the application
setting forth the location of the
well. The chief of the
division of mineral resources management
shall note on the application that the
notice
has been sent to the
owner or lessee of the mine, retain a copy
of the application and
map, and immediately return a copy of the
application to the
director with the chief's notation
on it.
If the application concerns the drilling or conversion of a
well or the injection into a well that is or is to be
located
within five thousand feet of the underground excavations and
workings of a mine or within five hundred feet of the surface
excavations and workings of a mine,
the chief of the division of
mineral resources
management immediately
shall notify the owner or
lessee of the mine
that the application has been filed and send to
the owner or
lessee a copy of the map accompanying the application
setting
forth the location of the well. If the owner or lessee
objects
to the application, the owner or lessee shall notify the
chief of the division of mineral resources management of the
objection,
giving
the reasons, within six
days after the receipt
of the notice. If the chief of the
division of mineral resources
management
receives no
objections from the owner or lessee
of the
mine within ten days after the receipt of the notice by
the owner
or lessee, or if in the opinion of the chief of the
division of
mineral resources management the objections offered by the
owner
or
lessee are not sufficiently well-founded, the chief shall
retain a
copy of the
application and map and return a copy of the
application to the
director with any applicable notes concerning
it.
If the chief of the division of mineral resources management
receives an
objection
from the owner or lessee of the mine as to
the application,
within ten days after receipt of the notice by
the owner or
lessee, and if in the opinion of the chief the
objection is
well-founded, the chief shall disapprove the
application and
immediately return it to the director together
with the chief's reasons
for the disapproval. The director
promptly shall notify the
applicant for the permit, renewal
permit, or modification of the
disapproval. The applicant may
appeal the disapproval of the
application by the chief of the
division of mineral resources management
to the
reclamation
environmental review appeals commission created under section
1513.05
3745.02 of the Revised
Code, and
the
commission shall hear the
appeal in accordance with section
1513.13 of the Revised
Code. The appeal shall be filed within
thirty days
from the date
the applicant receives notice of the
disapproval. No comments
concerning or disapproval of an
application shall be delayed by
the chief of the division of
mineral resources management for more
than
fifteen days
from the
date of sending of notice to the mine
owner or lessee as
required
by this section.
The director shall not approve an application for an
injection well drilling permit, an injection well operating
permit, a renewal of an injection well operating permit, or a
modification of an injection well drilling permit, operating
permit, or renewal of an operating permit for a well that
is or is
to be located within three hundred feet of any opening of any
mine
used as a means of ingress, egress, or ventilation for
persons
employed in the mine, nor within one hundred
feet of any building
or flammable structure connected with
the mine and actually used
as a part of the operating equipment of the
mine, unless the chief
of the division of mineral resources management
determines
that
life or property will not be endangered by drilling and operating
the
well in that location.
Upon review by the chief of the division of mineral
resources
management, the chief of the division of geological survey, and
the chief of
the division of water, and if the chief
of the
division of mineral resources
management
has not disapproved the
application, the director shall issue a
permit, renewal permit, or
modification with any terms and
conditions that may be necessary
to comply with the
Federal Water
Pollution Control Act and
regulations adopted under it; the
"Safe Drinking Water Act," 88
Stat. 1661 (1974), 42 U.S.C.A.
300(f) as amended, and regulations
adopted under it; and this
chapter and the rules adopted under it.
The director shall not
issue a permit, renewal permit, or
modification to an applicant
if the applicant or persons
associated with the applicant have
engaged in or are engaging in a
substantial violation of this
chapter that is endangering or may
endanger human health or the
environment or if, in the case of an
applicant for an injection
well drilling permit, the applicant, at
the time of applying for
the permit, did not hold an injection
well operating permit or
renewal of an injection well drilling
permit and failed to
demonstrate sufficient expertise and
competency to operate the
well in compliance with the applicable
provisions of this
chapter.
If the director receives a disapproval from the chief of
the
division of mineral resources
management regarding an application
for an injection
well drilling or operating permit, renewal
permit, or
modification, if required, the director shall issue an
order
denying the application.
The director need not issue a proposed action under section
3745.07 of the Revised Code or hold an adjudication hearing under
that section and Chapter 119. of the Revised Code before issuing
or denying a permit, renewal permit, or modification of a permit
or renewal permit. Before issuing or renewing a permit to drill
or operate a class I injection well or a modification of
it, the
director shall propose the permit, renewal permit, or
modification
in draft form and shall hold a public hearing to
receive public
comment on the draft permit, renewal permit, or
modification. At
least fifteen days before the public hearing on
a draft permit,
renewal permit, or modification, the director
shall publish notice
of the date, time, and location of the
public hearing in at least
one newspaper of general circulation
serving the area where the
well is or is to be located. The
proposing of such a draft
permit, renewal permit, or modification
does not constitute the
issuance of a proposed action under
section 3745.07 of the Revised
Code, and the holding of the
public hearing on such a draft
permit, renewal permit, or
modification does not constitute the
holding of an adjudication
hearing under that section and Chapter
119. of the Revised Code.
Appeals of orders other than orders of
the
chief of the division of mineral resources management shall be
taken
under in accordance with the procedures established in sections
3745.04 to 3745.08 of the
Revised Code.
The director may order that an injection well drilling
permit
or an injection well operating permit or renewal permit be
suspended and that activities under it cease after determining
that those activities are occurring in violation of
law, rule,
order, or term or condition of the permit. Upon service of a
copy
of the order upon the permit holder or the permit
holder's
authorized agent
or assignee, the permit and activities under it
shall
be suspended immediately without prior hearing and
shall
remain
suspended until the violation is corrected and the order of
suspension is lifted. If a violation is the second within a
one-year period, the director, after a hearing, may revoke the
permit.
The director may order that an injection well drilling
permit
or an injection well operating permit or renewal permit be
suspended and that activities under it cease if
the director has
reasonable cause to believe that the permit would not have been
issued if the information available at the time of suspension had
been available at the time a determination was made by one of the
agencies acting under authority of this section. Upon service of
a copy of the order upon the permit holder or the permit
holder's
authorized agent
or assignee, the permit and activities under it
shall
be suspended immediately without prior hearing, but
a permit
may not
be suspended for that reason without prior hearing unless
immediate suspension is necessary to prevent waste or
contamination of oil or gas, comply with the Federal Water
Pollution Control Act and regulations adopted under it; the
"Safe
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A.
300(f), as
amended, and regulations adopted under it; and this
chapter and
the rules adopted under it, or prevent damage to
valuable mineral
resources, prevent contamination of an
underground source of
drinking water, or prevent danger to human
life or health. If
after a hearing the director determines that
the permit would not
have been issued if the information
available at the time of the
hearing had been available at the
time a determination was made by
one of the agencies acting under
authority of this section, the
director shall revoke the
permit.
When a permit has been revoked, the permit holder or other
person responsible for it immediately
shall plug the well in the
manner required by the director.
The director may issue orders to prevent or require
cessation
of violations of this section, section 6111.043,
6111.045,
6111.046, or 6111.047 of the Revised Code, rules
adopted under any
of those sections, and terms or
conditions of permits issued
under
any of them. The orders may
require the elimination of
conditions
caused by the violation.
Sec. 6111.06. (A) All proceedings of the director of
environmental protection, or his of the director's officers or
agents, under
sections 6111.01 to 6111.08 and sections 6111.31 to 6111.38 of
the Revised Code, including the adoption, issuance, modification,
rescission, or revocation of rules and regulations, permits,
orders, and notices, and the conduct of hearings, except
standards of water quality adopted pursuant to section 6111.041
of the Revised Code, shall be subject to and governed by sections
119.01 to 119.13, and Chapter 3745. of the Revised Code.
(B) The director shall not refuse to issue a permit, nor
modify or revoke a permit already issued, unless the applicant or
permit holder has been afforded an opportunity for a hearing
prior to the refusal to issue the permit or prior to the
modification or revocation of the permit.
(C) Whenever the director officially determines that an
emergency exists requiring immediate action to protect the public
health or welfare, he the director may, without notice or
hearing, issue an
order reciting the existence of the emergency and requiring that
such action be taken as is necessary to meet the emergency.
Notwithstanding division (A) of this section, such order shall be
effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but on application to the
director shall be afforded a hearing as soon as possible, and not
later than twenty days after such application. On the basis of
such hearing, the director shall continue such order in effect,
revoke it, or modify it. No such emergency order shall remain in
effect for more than sixty days after its issuance.
Sec. 6115.09. Within thirty days after the sanitary district
has been declared a corporation by the court, the clerk of such
court shall transmit to the secretary of state, and to the
county recorder in each of the counties having lands in said
district, copies of the findings and the decree of the court
incorporating said district. The same shall be filed and
recorded in the office of the secretary of state in the same
manner as articles of incorporation are required to be filed and
recorded under the general law concerning corporations. Copies
shall also be filed and become permanent records in the office
of the recorder of each county in which a part of the district
lies. Each recorder shall receive a base fee of one dollar for
filing and preserving such copies and a housing trust fund fee of one dollar pursuant to section 317.36 of the Revised Code, and the secretary of state
shall receive for filing and for recording said copies such fees
as are provided by law for like services in similar cases.
Sec. 6301.05. The chief elected official of a municipal
corporation that is the type of local area defined in division
(A)(1) of section
6301.01 of the Revised Code or is in the type of local area
defined in division (A)(3) of that section shall enter into a
written partnership grant agreement with the director of job and family services in
accordance with
section 5101.213 5101.211 of the Revised Code.
The board of county commissioners of a county that is the type of
local area defined in division (A)(2) of section 6301.01 of the
Revised Code or is in the type of
local area defined in division (A)(3) of that section shall enter
into a written partnership agreement with the director of job and family
services in accordance
with section 5101.21 of the Revised Code.
Sec. 6301.07. (A) Every workforce policy board, with the
agreement of the chief elected officials of the local area, and
after holding
public hearings that allow public comment and
testimony, shall prepare
a workforce development plan
and
incorporate that plan into and attach that plan to the
partnership
agreement required under section 6301.05 of the
Revised Code. The
plan shall accomplish all of the
following:
(1) Identify the workforce investment needs of businesses in
the
local area, identify projected employment opportunities, and
identify
the job skills necessary to obtain those opportunities;
(2) Identify the local area's workforce development needs
for
youth, dislocated workers, adults, displaced homemakers,
incumbent
workers, and any other group of workers identified by
the workforce
policy board;
(3) Determine the distribution of workforce development
resources
and funding to be distributed for each workforce
development activity to meet the identified needs,
utilizing
the
funds allocated pursuant to the "Workforce Investment
Act of
1998," 112 Stat. 936, 29
U.S.C.A. 2801, as amended;
(4)
Give priority to youth receiving independent living
services pursuant to sections 2151.81 to 2151.84 of the Revised
Code when determining distribution of workforce development
resources and workforce development activity funding;
(5) Review the minimum curriculum required by the state
workforce
policy board for certifying training providers and
identify any
additional curriculum requirements to include in
contracts between the
training providers and the chief elected
officials of the local area;
(6) Establish performance standards for service providers
that
reflect local workforce development needs;
(7) Describe any other information the chief elected
officials of
the local area require.
(B) A workforce policy board may provide policy guidance and
recommendations to the chief elected officials of a local area for
any
workforce development activities.
(C) Nothing in this section prohibits the chief elected
officials
of a local area from assigning, through a partnership
agreement,
any duties in addition to the duties under this section
to a
workforce policy board, except that a workforce policy board
cannot contract with itself for the direct provision of services
in its local area. A workforce policy board may consult with the
chief elected officials of its local area and make recommendations
regarding the workforce development activities provided in its
local area at any time.
Section 2. That existing sections
9.01, 9.83, 101.82, 102.02, 109.57, 109.572, 109.71, 117.45, 119.035, 121.04,
121.084, 122.011, 122.04, 122.08, 122.17, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 125.05, 125.15, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 126.11, 127.16, 131.23, 131.35, 147.01, 147.37, 149.011, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 163.06, 164.27, 165.09, 173.14,
173.20, 173.21, 173.26, 173.55, 173.57, 175.03, 175.21, 175.22, 183.02,
183.28, 307.202, 307.86, 307.98, 307.981, 307.987, 311.17, 317.32, 319.302, 321.24, 323.01, 323.13, 323.152,
329.03, 329.04, 329.05, 329.051, 329.06, 340.03, 505.69, 715.013, 717.01,
718.01, 718.02, 718.03, 718.05, 901.17, 901.21, 902.11, 921.151, 927.69, 1309.109, 1321.21,
1333.99, 1501.04, 1502.02, 1503.011, 1503.05, 1503.99, 1509.06, 1509.08, 1513.02, 1513.07, 1513.13, 1513.131, 1513.14, 1513.16, 1514.021, 1514.071,
1514.09, 1514.10, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101, 1533.11, 1533.111,
1533.112, 1533.12, 1533.13, 1533.151, 1533.19, 1533.23, 1533.301, 1533.32, 1533.35, 1533.40, 1533.54, 1533.631, 1533.632, 1533.71,
1533.82, 1561.31, 1561.35, 1561.351, 1561.51, 1563.13, 1563.42, 1702.59, 2101.16,
2117.06, 2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84, 2305.234, 2329.66,
2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2915.01, 2921.13, 2925.44, 2933.43, 2935.01, 2949.091, 3111.04, 3111.72,
3119.01, 3123.952, 3125.12, 3125.25, 3301.33, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.80, 3301.801, 3313.979, 3314.074, 3316.08, 3317.012, 3317.013,
3317.022, 3317.023, 3317.024, 3317.029, 3317.0213, 3317.0217, 3317.03,
3317.032, 3317.05, 3317.06, 3317.064, 3317.07, 3317.10, 3317.11, 3317.16, 3317.50,
3317.51, 3319.22, 3319.235, 3323.16, 3332.04, 3333.12, 3383.01, 3383.07,
3501.18, 3501.30, 3505.08, 3517.092, 3701.021, 3701.022, 3701.141, 3701.145,
3702.31, 3702.68, 3702.74, 3705.23, 3705.24, 3709.09, 3710.05, 3711.021, 3721.02,
3721.19, 3721.56, 3722.15, 3722.16, 3727.17, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12,
3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46, 3734.57, 3735.67, 3735.671, 3737.81,
3745.04, 3745.11, 3745.14, 3745.40, 3746.13, 3747.16,
3748.07, 3748.13, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43, 3781.19, 4104.01,
4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20,
4104.41, 4104.44, 4104.45, 4104.46, 4105.17, 4112.15, 4115.03, 4117.02, 4117.10,
4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.12, 4301.30, 4301.42, 4301.43, 4303.02, 4303.021,
4303.03, 4303.04, 4303.05, 4303.06, 4303.07, 4303.08, 4303.09, 4303.10, 4303.11,
4303.12, 4303.121, 4303.13, 4303.14, 4303.141, 4303.15, 4303.151, 4303.16, 4303.17,
4303.171, 4303.18, 4303.181, 4303.182, 4303.183, 4303.184, 4303.19, 4303.20,
4303.201, 4303.202, 4303.203, 4303.204, 4303.21, 4303.22, 4303.23, 4303.231,
4305.01, 4503.06, 4505.06, 4509.60, 4511.75, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.06, 4723.08, 4723.082,
4725.44, 4725.45, 4725.48, 4725.50, 4725.51, 4725.52, 4725.57, 4731.65, 4731.71,
4734.15, 4736.12, 4741.17, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,
4751.06, 4751.07, 4759.08, 4771.22, 4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91,
4919.79, 4931.45, 4931.47, 4931.48, 4973.17, 4981.01, 4981.03, 4981.031, 4981.032, 4981.033, 4981.04, 4981.06,
4981.07, 4981.08, 4981.09, 4981.091, 4981.10, 4981.11, 4981.12, 4981.13, 4981.131,
4981.14, 4981.15, 4981.16, 4981.17, 4981.18, 4981.19, 4981.20, 4981.21, 4981.22,
4981.23, 4981.25, 4981.26, 4981.28, 4981.29, 4981.30, 4981.31, 4981.32, 4981.33,
4981.34, 4981.35, 4981.361, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.162, 5101.18, 5101.181,
5101.21, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.65, 5101.67, 5101.68, 5101.69, 5101.70, 5101.211, 5101.212, 5101.22, 5101.24, 5101.36, 5101.58, 5101.59, 5101.75,
5101.80, 5101.83, 5101.97, 5101.99, 5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314,
5103.0315, 5103.0316, 5103.154,
5104.01, 5104.011, 5104.02, 5104.30, 5104.32, 5104.42, 5107.02, 5107.30,
5107.37, 5107.40, 5107.60, 5108.01, 5108.03, 5108.06, 5108.07, 5108.09, 5108.10,
5111.019, 5111.0112, 5111.02, 5111.021, 5111.022,
5111.03, 5111.06, 5111.111, 5111.17, 5111.171, 5111.20, 5111.204, 5111.21, 5111.22, Sec. 5111.231. , 5111.25, 5111.252, 5111.26, 5111.263, 5111.28, 5111.29, 5111.30, 5111.31, 5111.32, 5111.33, Sec. 5111.34. ,
5111.85, 5111.87, 5111.872, 5111.94, 5111.99, 5112.03, 5112.08, 5112.17, 5112.31,
5112.99, 5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07, 5115.10, 5115.11,
5115.13, 5115.15, 5115.20, 5119.61, 5119.611, 5123.01, 5123.051, 5123.19, 5123.61, 5123.801, 5126.042, 5126.12, 5126.31, 5139.36, 5139.87, 5153.16, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5310.15, 5501.03, 5502.13, 5519.01,
5703.054, 5703.19, 5705.19, 5707.03, 5709.01, 5709.20, 5709.21, 5709.22, 5709.25, 5709.26, 5709.27, 5709.62, 5709.63, 5709.632, Sec. 5709.64. , 5709.67, 5709.84, 5711.02, 5711.13, 5711.22, 5711.27, 5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5715.27, 5715.39, 5717.02, 5717.03, 5719.07, 5725.01, 5725.14, 5725.25, 5725.26, 5727.01, 5727.06, 5727.111, 5727.15, 5727.24, 5727.25, 5727.26, 5727.27, 5727.28, 5727.30, 5727.32, 5727.33, 5727.38, 5727.56, 5728.04, 5728.99, 5733.01, 5733.04, 5733.042, 5733.05, 5733.051, 5733.056, 5733.057, 5733.059, 5733.06, 5733.065, 5733.066, 5733.069, 5733.09, 5733.18, 5733.22, 5733.33, 5733.39, 5733.40, 5733.45, 5733.98, 5735.05, 5735.14, 5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99, 5739.01, 5739.011, 5739.02, 5739.03, 5739.071, 5739.12, 5739.17, 5739.33, 5741.01, 5741.02, 5743.02, 5743.32, 5745.01, 5745.02, 5745.04, 5747.01, 5747.02, 5747.022, 5747.025, 5747.05, 5747.057, 5747.08, 5747.09, 5747.30, 5747.98, 5748.01, 5749.02, 6101.09, 6109.21, 6111.044, 6111.06, 6115.09, 6301.05, and 6301.07 and sections Sec. 122.12. , Sec. 125.931. , Sec. 125.932. , Sec. 125.933. , Sec. 125.934. , Sec. 125.935. , Sec. 131.38. , Sec. 179.01. , Sec. 179.02. , Sec. 179.03. , Sec. 179.04. , Sec. 319.311. , Sec. 718.11. , Sec. 718.12. , Sec. 1333.96. , Sec. 1513.05. , Sec. 1513.10. , Sec. 1533.06. , Sec. 1533.39. , Sec. 1553.01. , Sec. 1553.02. , Sec. 1553.03. , Sec. 1553.04. , Sec. 1553.05. , Sec. 1553.06. , Sec. 1553.07. , Sec. 1553.08. , Sec. 1553.09. , Sec. 1553.10. , Sec. 1553.99. , Sec. 3301.31. , Sec. 3301.581. , Sec. 3302.041. , Sec. 3701.142. , Sec. 3701.144. , Sec. 4104.42. , Sec. 4104.43. , Sec. 4141.044. , Sec. 4141.045. , Sec. 5101.213. , Sec. 5101.251. , Sec. 5101.71. , Sec. 5101.72. , Sec. 5108.05. , Sec. 5111.017. , Sec. 5111.173. , Sec. 5111.221. , Sec. 5111.23. , Sec. 5111.231. , Sec. 5111.24. , Sec. 5111.241. , Sec. 5111.251. , Sec. 5111.255. , Sec. 5111.257. , Sec. 5111.261. , Sec. 5111.262. , Sec. 5111.264. , Sec. 5111.27. , Sec. 5111.291. , Sec. 5111.34. , Sec. 5115.011. , Sec. 5115.012. , Sec. 5115.06. , Sec. 5115.061. , Sec. 5502.49. , Sec. 5709.231. , Sec. 5709.30. , Sec. 5709.31. , Sec. 5709.32. , Sec. 5709.33. , Sec. 5709.34. , Sec. 5709.35. , Sec. 5709.36. , Sec. 5709.37. , Sec. 5709.45. , Sec. 5709.46. , Sec. 5709.47. , Sec. 5709.48. , Sec. 5709.49. , Sec. 5709.50. , Sec. 5709.51. , Sec. 5709.52. , Sec. 5709.64. , Sec. 5709.65. , Sec. 5709.66. , Sec. 5727.39. , Sec. 5727.44. , Sec. 5733.052. , Sec. 5733.055. , Sec. 5733.061. , Sec. 5733.064. , Sec. 5733.068. , Sec. 5733.111. , Sec. 5733.32. , Sec. 5733.36. , Sec. 5733.38. , Sec. 5733.43. , Sec. 5733.44. , Sec. 5735.33. , Sec. 5739.012. , Sec. 5739.35. , Sec. 5741.011. , Sec. 5741.24. , Sec. 5743.45. , Sec. 5743.46. , Sec. 5747.051. , Sec. 5747.131. , Sec. 5747.28. , Sec. 5747.34. , Sec. 5747.36. , Sec. 5747.38. , Sec. 5747.60. , Sec. 6111.31. , Sec. 6111.311. , Sec. 6111.32. , Sec. 6111.34. , Sec. 6111.35. , Sec. 6111.36. , Sec. 6111.37. , Sec. 6111.38. , and Sec. 6111.39. of the Revised Code are hereby repealed.
Section 3.01. That the version of section 921.22 of the Revised Code that is scheduled to take effect July 1, 2004, be amended to read as follows:
Sec. 921.22. The pesticide program fund is hereby
created in
the state
treasury. All The portion of the money in the fund that is collected under this chapter shall be
used to carry
out the purposes of
this chapter. The portion of the money in the fund that is collected under Chapter 927. of the Revised Code shall be used to carry out the purposes of that chapter, provided that the money that is collected under section 927.701 of the Revised Code shall be used to carry out the purposes of that section. The fund shall
consist of fees
collected under sections 921.01
to 921.15 and section 927.69 of the
Revised Code, money collected under section 927.701 of the Revised Code, and
all fines, penalties, costs, and damages,
except
court costs,
that are collected by either the director of
agriculture
or the
attorney general in consequence of any
violation of
this chapter.
Section 3.02. That the existing version of section 921.22 of the Revised Code that is scheduled to take effect July 1, 2004, is hereby repealed.
Section 3.03. Sections 3.01 and 3.02 of this act take effect July 1, 2004.
Section 3.04. That the version of section 3332.04 of the Revised Code that is scheduled to take effect on July 1, 2003, be amended to read as follows:
Sec. 3332.04. The state board of career colleges and schools
may appoint
an executive director and such other staff as may be
required for the
performance of the board's duties and provide
necessary facilities. In
selecting an executive director, the
board shall appoint an individual with a
background or experience
in the regulation of commerce, business, or
education. The board
may also arrange for services and facilities to be
provided by the
state board of education and the Ohio board of regents. All
receipts of the board shall be deposited in the
career colleges
and schools operating fund, which is hereby created in the state
treasury.
Moneys in the
fund shall be used solely for the administration and enforcement
of Chapter 3332. of the Revised Code. All investment earnings on
the fund shall be credited to the to the credit of the occupational licensing and regulatory fund.
Section 3.05. That the version of section 3332.04 of the Revised Code that is scheduled to take effect on July 1, 2003, is hereby repealed.
Section 3.06. Sections 3.04 and 3.05 of this act take effect July 1, 2003.
Section 3.07. That the version of section 4511.75 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or
trackless trolley upon meeting or overtaking from either
direction
any school bus stopped for the purpose of receiving or
discharging
any school child, person attending programs
offered
by community
boards of mental health and county boards of mental
retardation
and developmental disabilities, or child attending a
program
offered by a head
start agency,
shall stop at least
ten feet from
the front or rear of the school bus and shall not
proceed until
such school bus resumes motion, or until signaled
by the school
bus driver to proceed.
It is no defense to a charge under this division that the
school bus involved failed to display or be equipped with an
automatically extended stop warning sign as required by division
(B) of this section.
(B) Every school bus shall be equipped with amber and red
visual signals meeting the requirements of section 4511.771 of
the
Revised Code, and an automatically extended stop warning sign
of a
type approved by the state board of education, which shall
be
actuated by the driver of the bus whenever but only whenever
the
bus is stopped or stopping on the roadway for the purpose of
receiving or discharging school children, persons attending
programs offered by community boards of mental health and county
boards of mental retardation and developmental disabilities, or
children attending programs offered by head start agencies. A
school bus driver shall not actuate the visual signals or the
stop
warning sign in designated school bus loading areas where
the bus
is entirely off the roadway or at school buildings when
children
or persons attending programs offered by community
boards of
mental health and county boards of mental retardation
and
developmental disabilities are loading or unloading at
curbside or
at buildings when children attending programs offered by head
start agencies are loading or unloading at curbside. The visual
signals
and stop warning sign shall be
synchronized or otherwise
operated as required by rule of the
board.
(C) Where a highway has been divided into four or more
traffic lanes, a driver of a vehicle, streetcar, or trackless
trolley need not stop for a school bus approaching from the
opposite direction which has stopped for the purpose of receiving
or discharging any school child, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, or children
attending programs offered by head start agencies. The driver of
any vehicle, streetcar, or trackless trolley overtaking the
school
bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on
highways with four or more traffic lanes shall receive and
discharge all school children, persons attending programs
offered
by community boards of mental health and county boards of
mental
retardation and developmental disabilities, and children
attending
programs offered by head start agencies on their
residence side of
the highway.
(E) No school bus driver shall start the driver's bus until
after
any child, person attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities, or child attending a program
offered
by a head start agency who may have alighted therefrom
has
reached a place of safety on the child's or person's
residence
side of the road.
(F)(1)
Whoever violates division (A) of this section may
be
fined an amount not to exceed five hundred dollars. A person who
is issued
a citation for a violation of division (A) of this
section is not
permitted to enter a written plea of guilty and
waive the person's right to
contest the citation in a trial but
instead must appear in person in the
proper court to answer the
charge.
(2) In addition to and independent of any other penalty
provided by law,
the court or mayor may impose upon an offender
who violates this section a
class seven suspension of the
offender's driver's license, commercial driver's
license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(7) of
section 4510.02 of the Revised Code. When a license is suspended
under this section, the
court or mayor shall cause the offender to
deliver the license to the court,
and the court or clerk of the
court immediately shall forward the license
to the registrar of
motor vehicles, together with notice of the court's
action.
(G) As used in this section:
(1) "Head start agency" has the same meaning as in division
(A)(1) of section 3301.31 of the Revised Code.
(2) "School bus," as used in relation to children who
attend
a program offered by a head start agency, means a bus that is
owned and
operated by a head start agency, is equipped with an
automatically extended
stop warning sign of a type approved by the
state board of education, is
painted the color and displays the
markings described in section 4511.77 of
the
Revised Code,
and is
equipped with amber and red visual signals meeting the
requirements of
section 4511.771 of the Revised
Code, irrespective
of whether or not the bus
has fifteen or more children aboard at
any time. "School bus" does not
include a van owned and operated
by a head start agency, irrespective of its
color, lights, or
markings.
Section 3.08. That the existing version of section 4511.75 of the Revised Code that is scheduled to take effect January 1, 2004, is hereby repealed.
Section 3.09. Sections 3.07 and 3.08 of this act take effect January 1, 2004.
Section 3.10. That the versions of sections 5739.03, 5739.12, and 5741.02 of the Revised Code that are scheduled to take effect July 1, 2003, be amended to read as follows:
Sec. 5739.03.
(A) Except as provided in section 5739.05 of
the
Revised Code, the tax imposed by or pursuant to section
5739.02,
5739.021, 5739.023, or 5739.026 of the Revised Code shall
be paid
by the consumer to the vendor, and each vendor shall
collect from
the consumer, as a trustee for the state of Ohio, the
full and
exact amount of the tax payable on each taxable sale, in
the
manner and at the times provided as follows:
(1) If the price is, at or prior to the provision of the
service or the delivery of possession of the thing sold to the
consumer, paid in currency passed from hand to hand by the
consumer or the consumer's agent to the vendor or
the vendor's
agent, the vendor or
the vendor's agent shall collect the tax with
and at the
same time as the
price;
(2) If the price is otherwise paid or to be paid, the
vendor
or the vendor's agent shall, at or prior to the
provision
of the
service or the delivery of possession of the thing sold to
the
consumer, charge the tax imposed by or pursuant to section
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to
the account of the consumer, which amount shall be collected by
the vendor from the consumer in addition to the price. Such sale
shall be reported on and the amount of the tax applicable thereto
shall be remitted with the return for the period in which the
sale
is made, and the amount of the tax shall become a legal
charge in
favor of the vendor and against the consumer.
(B)(1) If any sale is claimed to be exempt under division
(E) of
section 5739.01 of the Revised Code or under section
5739.02 of
the Revised Code, with the exception of divisions
(B)(1) to (11)
or (28)(10) of section 5739.02 of the Revised Code, the
consumer must
provide to the vendor, and the vendor must
obtain
from the
consumer, a certificate specifying the reason that
the
sale is
not legally subject to the tax.
The certificate shall
be
provided either in a hard copy form or electronic form, as
prescribed by the tax commissioner. If the transaction is claimed
to
be exempt under division (B)(13)(12) of section 5739.02 of the
Revised
Code, the exemption certificate shall be
provided
by both
the
contractor and the contractee. Such
contractee shall
be
deemed
to be the consumer of all items
purchased under such claim
of
exemption
if it is
subsequently determined that the
exemption
is
not properly
claimed. The certificate shall be in
such form as
the tax
commissioner by regulation prescribes.
(2) The
vendor shall maintain records, including exemption
certificates, of all sales on which a consumer has claimed an
exemption, and provide them to the tax commissioner
on request.
(3) The tax commissioner may establish an identification
system whereby the commissioner issues an identification number to
a consumer that is exempt from payment of the tax. The consumer
must present the number to the vendor if any sale is claimed to be
exempt as provided in this section.
(4) If
no certificate is
provided or obtained
within the
period for
filing the return for
the period in which
such sale is
consummated, it shall be presumed
that the tax
applies.
Failure
to have so
provided, or to have
so
obtained, a
certificate shall
not
prevent a vendor or consumer
from
establishing that the sale
is
not
subject to the tax
within
one hundred twenty
days of the
giving of notice by
the commissioner of intention to
levy an
assessment, in
which event the tax shall not
apply.
(5) Certificates need not be obtained nor
provided
where
the
identity of the consumer is such that the transaction is
never
subject to the tax imposed or where the item of tangible
personal
property sold or the service provided is never subject to
the tax
imposed, regardless of use, or when the sale is in
interstate
commerce.
(C) As used in this division, "contractee" means a person
who seeks to enter or enters into a contract or agreement with a
contractor or vendor for the construction of real property or for
the sale and installation onto real property of tangible personal
property.
Any contractor or vendor may request from any contractee a
certification of what portion of the property to be transferred
under such contract or agreement is to be incorporated into the
realty and what portion will retain its status as tangible
personal property after installation is completed. The
contractor
or vendor shall request the certification by certified
mail
delivered to the contractee, return receipt requested. Upon
receipt of such request and prior to entering into the contract
or
agreement, the contractee shall
provide to the contractor
or
vendor a certification sufficiently detailed to enable the
contractor or vendor to ascertain the resulting classification of
all materials purchased or fabricated by the contractor or vendor
and transferred to the contractee. This requirement applies to a
contractee regardless of whether the contractee holds a direct
payment permit under section 5739.031 of the Revised Code or
provides to the contractor or vendor an exemption
certificate as
provided under this section.
For the purposes of the taxes levied by this chapter and
Chapter 5741. of the Revised Code, the contractor or vendor may
in
good faith rely on the contractee's certification.
Notwithstanding
division (B) of section 5739.01 of the Revised
Code, if the tax
commissioner determines that certain property
certified by the
contractee as tangible personal property
pursuant to this division
is, in fact, real property, the
contractee shall be considered to
be the consumer of all
materials so incorporated into that real
property and shall be
liable for the applicable tax, and the
contractor or vendor shall
be excused from any liability on those
materials.
If a contractee fails to provide such certification upon
the
request of the contractor or vendor, the contractor or vendor
shall comply with the provisions of this chapter and Chapter
5741.
of the Revised Code without the certification. If the tax
commissioner determines that such compliance has been performed
in
good faith and that certain property treated as tangible
personal
property by the contractor or vendor is, in fact, real
property,
the contractee shall be considered to be the consumer
of all
materials so incorporated into that real property and
shall be
liable for the applicable tax, and the construction
contractor or
vendor shall be excused from any liability on those
materials.
This division does not apply to any contract or agreement
where the tax commissioner determines as a fact that a
certification under this division was made solely on the decision
or advice of the contractor or vendor.
(D) Notwithstanding division (B) of section 5739.01 of the
Revised Code, whenever the total rate of tax imposed under this
chapter is increased after the date after a construction contract
is entered into, the contractee shall reimburse the construction
contractor for any additional tax paid on tangible property
consumed or services received pursuant to the contract.
(E) A vendor who files a petition for reassessment
contesting the assessment of tax on sales for which the
vendor
obtained no valid exemption certificates and for which the
vendor
failed to establish that the sales
were properly not
subject to
the tax during the
one-hundred-twenty-day
period allowed under
division (B) of this
section, may present to the tax commissioner
additional evidence
to prove that the sales were properly subject
to a claim of
exception or exemption. The vendor shall file such
evidence
within ninety days of the receipt by the vendor of the
notice of
assessment, except that, upon application and for
reasonable
cause, the period for submitting such evidence shall
be
extended
thirty days.
The commissioner shall consider such additional evidence in
reaching the final determination on the assessment and petition
for reassessment.
(F) Whenever a vendor refunds to the consumer the full
price
of an item of tangible personal property on which the tax
imposed
under this chapter has been paid, the vendor shall
also refund
the
full amount of the tax paid.
Sec. 5739.12.
Each (A) Except as provided in division (B) of this section, each person who has or is required to have a
vendor's
license, on or before the twenty-third day of each
month,
shall
make and file a return for the preceding month, on
forms in an electronic format
prescribed by the tax commissioner, and shall pay electronically, in the manners specified by the tax commissioner, the tax
shown on
the return to be due. The Nothing in this division shall be construed as affecting section 5739.122 of the Revised Code, and that section takes precedence over this section.
(B) Unless the commissioner adopts rules under section 5703.054 of the Revised Code that require vendors to file returns in an electronic format or make payments electronically, a vendor, on or before the tenth day of each month, shall file a return for the preceding month on paper forms prescribed by the tax commissioner and shall pay the tax shown on the return to be due.
(C)(1) The return shall show the amount
of tax due
from the vendor to the state for the period covered by
the return
and such other information as the commissioner deems
necessary for
the proper administration of this chapter. The
commissioner may
extend the time for making and filing returns
and paying the tax,
and may require that the return for the last
month of any annual
or semiannual period, as determined by the
commissioner, be a
reconciliation return detailing the vendor's
sales activity for
the preceding annual or semiannual period.
The reconciliation
return shall be filed by the last day of the
month following the
last month of the annual or semiannual
period. The commissioner
may remit all or any part of amounts or
penalties
that may
become
due under this chapter and may adopt
rules relating
thereto. Such
(2) A paper
return filed under division (B) of this section shall be filed by mailing
it to the
tax
commissioner,
together with payment of the
amount of tax
shown to
be due thereon
after deduction of any
discount provided
for under
this section.
Remittance shall be made payable to the
treasurer of
state. The paper
return shall be
considered filed when
received by the
tax
commissioner, and the
payment shall be considered made when
received by the
tax commissioner or when credited to an account
designated
by the
treasurer of state
or the tax commissioner.
(3) A return filed in an electronic format under division (A) of this section is considered filed when transmitted, as prescribed by the commissioner. A payment made electronically under division (A) of this section is considered made when the payment is received by the treasurer of state or credited to an account designated by the treasurer of state for the receipt of tax payments.
(D)(1) If the return
is filed and the amount of tax
shown thereon to
be due is paid on
or before the date such return
is required to be
filed, the vendor
shall be entitled to a the following
discount of three-fourths
of one per cent
of the amount shown to
be due on the return, but a:
(a) A vendor that is required to remit sales taxes by electronic funds transfer under section 5739.122 of the Revised Code is entitled to a discount of one-half of one per cent of the amount shown on the return to be due.
(b) A vendor that is not required to remit sales taxes by electronic funds transfer under section 5739.122 of the Revised Code is entitled to a discount of one per cent of the amount shown on the return to be due.
A
vendor that has selected a certified service provider as its agent
shall not be entitled to the a discount. Amounts
(2) Notwithstanding division (D)(1) of this section, amounts paid to the
clerk
of courts
pursuant to section 1548.06 or 4505.06 of the Revised Code
shall be
subject
to the three-fourths of one per cent a discount of one-half of one per cent.
The
discount shall be in
consideration for prompt payment to the
clerk
of courts and for
other services performed by the vendor in
the
collection of the
tax.
(E) Upon application to the commissioner, a vendor who is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
tax
commissioner payment of
not
less than an amount determined by the
commissioner to be the
average monthly tax liability of the
vendor, based upon a review
of the returns or other information
pertaining to such vendor for
a period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed by
mailing
or delivering
it to the
tax commissioner,
together with payment
of the amount of tax
shown to be due
thereon after deduction of
any discount provided
in this section.
Remittance shall be made
payable to the treasurer
of state.
Failure of a vendor to comply
with any of the above
conditions
may result in immediate
reinstatement of the
requirement of
reporting and paying the
actual tax liability on
each monthly
return, and the commissioner
may at the
commissioner's
discretion deny the vendor the right to
report and
pay based upon the average
monthly
liability for a
period not to
exceed two years. The amount
ascertained by the
commissioner to be the average monthly tax
liability of a vendor
may be adjusted, based upon a review of the
returns or other
information pertaining to the vendor for a
period of not less than
six months nor more than two years
preceding such adjustment.
(F) The commissioner may authorize vendors whose tax liability
is
not such as to merit monthly returns, as
ascertained by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns
are filed at less frequent intervals in accordance with
such
authorization, the vendor shall be allowed
the discount of
three-fourths of one per cent in consideration for
prompt payment
with the return, provided the return is filed
together with
payment of the amount of tax shown to be due
thereon, at the time
specified by the commissioner, but a vendor that has selected a
certified service provider as its agent shall not be entitled to
the discount.
(G) Any vendor who fails to
file a
return or pay the full amount
of the tax shown on the
return to
be due under this section and
the rules of the
commissioner
may, for each such return the vendor
fails to file or
each
such tax the vendor fails to pay in full as
shown on the
return within the period
prescribed by this section
and the rules
of the commissioner,
be required to forfeit and pay
into the state
treasury an additional
charge not exceeding
fifty
dollars or ten
per cent of the tax required to be paid for
the
reporting period,
whichever is greater, as revenue arising
from
the tax imposed by
this chapter, and such sum may be
collected by
assessment in the
manner provided in section 5739.13
of the
Revised Code. The
commissioner may remit all or a portion
of the
additional charge
and may adopt rules relating to
the imposition
and remission of
the additional charge.
(H) If the amount required to be collected by a vendor from
consumers is in excess of five per cent of the vendor's
receipts
from
sales
that are taxable under section 5739.02 of the
Revised
Code, or in the case of sales subject to a tax levied
pursuant to
section 5739.021, 5739.023, or 5739.026 of the Revised
Code, in
excess of the percentage equal to the aggregate rate of
such
taxes
and the tax levied by section 5739.02 of the Revised
Code,
such
excess shall be remitted along with the remittance of
the
amount
of tax due under section 5739.10 of the Revised Code.
(I) The commissioner, if the commissioner deems it necessary in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods. The returns shall be signed by the vendor or the
vendor's authorized agent.
(J) Any vendor required to file a return and pay the tax under
this section whose total payment in any year indicated in
division
(A) of section 5739.122 of the Revised Code equals or
exceeds the
amount shown in that division shall make each payment
required by
this section in the second ensuing and each
succeeding year by
electronic funds transfer as prescribed by
section 5739.122 of the
Revised Code, except as otherwise
prescribed by that section.
(K) The commissioner may require any vendor that operates from multiple locations or has multiple vendor's licenses to report all tax liability on one consolidated return.
Sec. 5741.02. (A) For the use of the general revenue fund
of the state, an excise tax is hereby levied on the storage, use,
or other consumption in this state of tangible personal property
or the benefit realized in this state of any service provided.
The
tax shall be collected pursuant to the schedules in section
5739.025 of the Revised Code.
(B) Each consumer, storing, using, or otherwise consuming
in
this state tangible personal property or realizing in this
state
the benefit of any service provided, shall be liable for the
tax,
and such liability shall not be extinguished until the tax
has
been paid to this state; provided, that the consumer shall be
relieved from further liability for the tax if the tax has been
paid to a seller in accordance with section 5741.04 of the
Revised
Code or prepaid by the seller in accordance with section
5741.06
of the Revised Code.
(C) The tax does not apply to the storage, use, or
consumption in this state of the following described tangible
personal property or services, nor to the storage, use, or
consumption or benefit in this state of tangible personal
property
or services purchased under the following described
circumstances:
(1) When the sale of property or service in this state is
subject to the excise tax imposed by sections 5739.01 to 5739.31
of the Revised Code, provided said tax has been paid;
(2) Except as provided in division (D) of this section,
tangible personal property or services, the acquisition of which,
if made in Ohio, would be a sale not subject to the tax imposed
by
sections 5739.01 to 5739.31 of the Revised Code;
(3) Property or services, the storage, use, or other
consumption of or benefit from which this state is prohibited
from
taxing by the Constitution of the
United States, laws of the
United States, or the Constitution of this
state. This exemption
shall not exempt from the application of the tax imposed by this
section the storage, use, or consumption of tangible personal
property that was purchased in interstate commerce, but
that has
come to rest in this state, provided that fuel to
be used or
transported in carrying on interstate commerce that is
stopped
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section
5739.02 of the Revised Code;
(4) Transient use of tangible personal property in this
state by a nonresident tourist or vacationer, or a non-business
use within this state by a nonresident of this state, if the
property so used was purchased outside this state for use outside
this state and is not required to be registered or licensed under
the laws of this state;
(5) Tangible personal property or services rendered, upon
which taxes have been paid to another jurisdiction to the extent
of the amount of the tax paid to such other jurisdiction. Where
the amount of the tax imposed by this section and imposed
pursuant
to section 5741.021, 5741.022, or 5741.023 of the
Revised Code
exceeds the amount paid to another jurisdiction, the
difference
shall be allocated between the tax imposed by this
section and any
tax imposed by a county or a transit authority
pursuant to section
5741.021, 5741.022, or 5741.023 of the
Revised Code, in proportion
to the respective rates of such
taxes.
As used in this subdivision, "taxes paid to another
jurisdiction" means the total amount of retail sales or use tax
or
similar tax based upon the sale, purchase, or use of tangible
personal property or services rendered legally, levied by and paid
to another state or political subdivision thereof, or to the
District of Columbia, where the payment of such tax does not
entitle the taxpayer to any refund or credit for such payment.
(6) The transfer of a used manufactured home or used mobile
home,
as defined by section 5739.0210 of the Revised Code,
made on
or after January 1, 2000;
(7) Drugs that are or are intended to be distributed free of
charge to a
practitioner licensed to prescribe, dispense, and
administer drugs to a human
being in the course of a professional
practice and that by law may be
dispensed only by or upon the
order of such a practitioner.
(D) The tax applies to the storage, use, or other
consumption in this state of tangible personal property or
services, the acquisition of which at the time of sale was
excepted under division (E)(1) of section 5739.01 of the Revised
Code from the tax imposed by section 5739.02 of the Revised Code,
but which has subsequently been temporarily or permanently
stored,
used, or otherwise consumed in a taxable manner.
(E)(1) If any transaction is claimed to be exempt under
division (E)
of
section 5739.01 of the Revised Code or under
section 5739.02
of the Revised Code, with the exception of
divisions (B)(1) to (11)
or (28)(10) of section 5739.02 of the Revised
Code, the consumer shall
provide to the seller, and the
seller
shall obtain from the consumer,
a
certificate specifying
the
reason that the
transaction is
not subject to the tax.
The
certificate shall be provided either in a hard copy form or
electronic form, as prescribed by the tax commissioner. If the
transaction is
claimed to be exempt under
division (B)(13)(12) of
section 5739.02 of
the Revised Code,
the exemption certificate
shall be
provided by
both the contractor and
contractee. Such
contractee shall be
deemed to be the consumer of all
items
purchased
under the claim
of exemption if it is subsequently
determined that
the exemption
is not properly claimed. The
certificate shall be
in such form as the tax commissioner by rule
prescribes.
The seller shall maintain records, including
exemption certificates, of all sales on which a consumer has
claimed an exemption, and provide them to the tax commissioner on
request.
(2) If no
certificate is
provided or obtained
within the
period for filing
the return for
the period in which
the
transaction is consummated,
it shall be
presumed that the tax
applies. The failure to have so
provided
or obtained a
certificate shall not preclude a seller or
consumer from
establishing, within one hundred twenty days of the
giving of
notice by the commissioner of intention to levy an
assessment,
that the transaction is not subject to the tax.
(F) A seller who files a petition for reassessment
contesting the
assessment of tax on transactions for which the
seller obtained no valid
exemption certificates, and for which the
seller failed
to establish that
the transactions were not subject
to the tax
during the
one-hundred-twenty-day period allowed under
division
(E) of this
section, may present to the tax commissioner
additional
evidence
to prove that the transactions were exempt.
The seller
shall file
such evidence within ninety days of the
receipt by the
seller of
the notice of assessment, except that,
upon application
and for
reasonable cause, the tax commissioner
may extend the
period for
submitting such evidence thirty days.
(G) For the purpose of the proper administration of
sections
5741.01 to 5741.22 of the Revised Code, and to prevent
the evasion
of the tax hereby levied, it shall be presumed that
any use,
storage, or other consumption of tangible personal
property in
this state is subject to the tax until the contrary
is
established.
(H)(1) As used in division (H)(2) of this section, "qualifying affiliated group member" and "another qualifying affiliated group member" have the same meanings as in division (D)(6) of section 5739.01 of the Revised Code.
(2) A qualifying affiliated group member that purchases, leases, or rents tangible personal property from another qualifying affiliated group member may credit against the tax due under this section or section 5741.021, 5741.022, or 5741.023 of the Revised Code, up to the amount of the tax due, any sales, use, or other similar tax paid to this state or to any other state by the other qualifying affiliated group member on the purchase, lease, or rental of the property.
Section 3.11. That the existing versions of sections 5739.03, 5739.12, and 5741.02 of the Revised Code that are scheduled to take effect July 1, 2003, are hereby repealed.
Section 3.12. Sections 3.10 and 3.11 of this act take effect July 1, 2003.
Section 4. Except as otherwise provided, all appropriation
items (AI) in this act are appropriated out of any
moneys in the
state
treasury to the credit of the designated fund
that are not
otherwise
appropriated. For all appropriations made
in this act,
the amounts in the
first column are for fiscal year
2004 and the
amounts in the second column
are for fiscal year
2005.
FND |
AI |
|
AI TITLE |
|
|
|
APPROPRIATIONS |
Section 5. ACC ACCOUNTANCY BOARD OF OHIO
General Services Fund Group
4J8 |
889-601 |
|
CPA Education Assistance |
|
$ |
209,510 |
|
$ |
209,510 |
4K9 |
889-609 |
|
Operating Expenses |
|
$ |
1,010,583 |
|
$ |
1,055,578 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,220,093 |
|
$ |
1,265,088 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,220,093 |
|
$ |
1,265,088 |
Section 6. PAY ACCRUED LEAVE LIABILITY
Accrued Leave Liability Fund Group
806 |
995-666 |
|
Accrued Leave Fund |
|
$ |
70,783,792 |
|
$ |
78,296,200 |
807 |
995-667 |
|
Disability Fund |
|
$ |
47,269,465 |
|
$ |
50,098,308 |
TOTAL ALF Accrued Leave Liability |
|
|
|
|
|
|
Fund Group |
|
$ |
118,053,257 |
|
$ |
128,394,508 |
808 |
995-668 |
|
State Employee Health Benefit Fund |
|
$ |
312,724,593 |
|
$ |
371,450,611 |
809 |
995-669 |
|
Dependent Care Spending Account |
|
$ |
3,691,169 |
|
$ |
4,060,286 |
810 |
995-670 |
|
Life Insurance Investment Fund |
|
$ |
1,925,110 |
|
$ |
1,992,489 |
811 |
995-671 |
|
Parental Leave Benefit Fund |
|
$ |
4,350,302 |
|
$ |
4,785,332 |
TOTAL AGY Agency Fund Group |
|
$ |
332,691,174 |
|
$ |
382,288,718 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
440,744,431 |
|
$ |
510,683,226 |
ACCRUED LEAVE LIABILITY FUND
The foregoing appropriation item 995-666, Accrued Leave
Fund,
shall be used to make payments from the Accrued Leave
Liability
Fund (Fund 806), pursuant to section 125.211 of the
Revised Code.
If it is determined by the Director of Budget and
Management that
additional amounts are necessary, the amounts are
appropriated.
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND
The foregoing appropriation item 995-667, Disability Fund,
shall be used to make payments from the State Employee Disability
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the
Revised Code. If it is determined by the Director of Budget and
Management that additional amounts are necessary, the amounts are
appropriated.
STATE EMPLOYEE HEALTH BENEFIT FUND
The foregoing appropriation item 995-668, State Employee
Health Benefit Fund, shall be used to make payments from the
State
Employee Health Benefit Fund (Fund 808), pursuant to
section
124.87 of the Revised Code. If it is determined by the
Director
of Budget and Management that additional amounts are
necessary,
the amounts are appropriated.
DEPENDENT CARE SPENDING ACCOUNT
The foregoing appropriation item 995-669, Dependent Care
Spending Account, shall be used to make payments from the
Dependent Care Spending Account (Fund 809) to employees eligible
for dependent care expenses. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
LIFE INSURANCE INVESTMENT FUND
The foregoing appropriation item 995-670, Life Insurance
Investment Fund, shall be used to make payments from the Life
Insurance Investment Fund (Fund 810) for the costs and expenses
of
the state's life insurance benefit program pursuant to section
125.212 of the Revised Code. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
PARENTAL LEAVE BENEFIT FUND
The foregoing appropriation item 995-671, Parental Leave
Benefit
Fund, shall be used to make payments from the Parental
Leave
Benefit Fund (Fund 811) to employees eligible for parental
leave
benefits pursuant to section 124.137 of the Revised Code.
If
it
is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are appropriated.
Section 7. ADJ ADJUTANT GENERAL
GRF |
745-401 |
|
Ohio Military Reserve |
|
$ |
14,889 |
|
$ |
15,188 |
GRF |
745-404 |
|
Air National Guard |
|
$ |
1,915,177 |
|
$ |
1,939,762 |
GRF |
745-409 |
|
Central Administration |
|
$ |
3,976,734 |
|
$ |
3,899,590 |
GRF |
745-499 |
|
Army National Guard |
|
$ |
3,987,516 |
|
$ |
4,086,222 |
GRF |
745-502 |
|
Ohio National Guard Unit Fund |
|
$ |
100,953 |
|
$ |
102,973 |
TOTAL GRF General Revenue Fund |
|
$ |
9,995,269 |
|
$ |
10,043,735 |
General Services Fund Group
534 |
745-612 |
|
Armory Improvements |
|
$ |
534,304 |
|
$ |
534,304 |
536 |
745-620 |
|
Camp Perry/Buckeye Inn Operations |
|
$ |
1,094,970 |
|
$ |
1,094,970 |
537 |
745-604 |
|
ONG Maintenance |
|
$ |
219,826 |
|
$ |
219,826 |
TOTAL GSF General Services Fund Group |
|
$ |
1,849,100 |
|
$ |
1,849,100 |
Federal Special Revenue Fund Group
3E8 |
745-628 |
|
Air National Guard Operations and Maintenance Agreement |
|
$ |
11,901,459 |
|
$ |
12,174,760 |
3R8 |
745-603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
3S0 |
745-602 |
|
Higher Ground Training |
|
$ |
10,937 |
|
$ |
10,937 |
341 |
745-615 |
|
Air National Guard Base Security |
|
$ |
2,181,960 |
|
$ |
2,312,877 |
342 |
745-616 |
|
Army National Guard Service Agreement |
|
$ |
8,109,221 |
|
$ |
8,686,892 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
22,228,577 |
|
$ |
23,210,466 |
State Special Revenue Fund Group
528 |
745-605 |
|
Marksmanship Activities |
|
$ |
66,078 |
|
$ |
66,078 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
66,078 |
|
$ |
66,078 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
34,139,024 |
|
$ |
35,169,379 |
Section 8. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
GRF |
100-402 |
|
Unemployment Compensation |
|
$ |
155,831 |
|
$ |
155,189 |
GRF |
100-405 |
|
Agency Audit Expenses |
|
$ |
509,945 |
|
$ |
521,351 |
GRF |
100-406 |
|
County
& University Human Resources Services |
|
$ |
772,076 |
|
$ |
758,558 |
GRF |
100-409 |
|
Departmental Information Services |
|
$ |
790,278 |
|
$ |
788,444 |
GRF |
100-410 |
|
Veterans' Records Conversion |
|
$ |
19,729 |
|
$ |
47,123 |
GRF |
100-416 |
|
Strategic Technology Development Programs |
|
$ |
1,695,593 |
|
$ |
2,194,765 |
GRF |
100-417 |
|
MARCS |
|
$ |
2,819,285 |
|
$ |
901,875 |
GRF |
100-418 |
|
Digital Government |
|
$ |
3,446,645 |
|
$ |
3,643,649 |
GRF |
100-419 |
|
Network Security |
|
$ |
3,846,054 |
|
$ |
2,782,905 |
GRF |
100-421 |
|
OAKS Project Implementation |
|
$ |
549,983 |
|
$ |
535,509 |
GRF |
100-433 |
|
State of Ohio Computer Center |
|
$ |
4,936,073 |
|
$ |
4,991,719 |
GRF |
100-439 |
|
Equal Opportunity Certification Programs |
|
$ |
661,531 |
|
$ |
661,531 |
GRF |
100-447 |
|
OBA - Building Rent Payments |
|
$ |
105,675,000 |
|
$ |
117,027,700 |
GRF |
100-448 |
|
OBA - Building Operating Payments |
|
$ |
25,445,550 |
|
$ |
26,003,250 |
GRF |
100-449 |
|
DAS - Building Operating Payments |
|
$ |
4,264,675 |
|
$ |
4,460,417 |
GRF |
100-451 |
|
Minority Affairs |
|
$ |
84,049 |
|
$ |
84,049 |
GRF |
100-734 |
|
Major Maintenance - State Bldgs |
|
$ |
46,313 |
|
$ |
45,094 |
GRF |
102-321 |
|
Construction Compliance |
|
$ |
1,356,797 |
|
$ |
1,354,615 |
GRF |
130-321 |
|
State Agency Support Services |
|
$ |
2,633,980 |
|
$ |
2,668,370 |
TOTAL GRF General Revenue Fund |
|
$ |
159,709,387 |
|
$ |
169,626,113 |
General Services Fund Group
112 |
100-616 |
|
Director's Office |
|
$ |
5,503,547 |
|
$ |
5,503,547 |
115 |
100-632 |
|
Central Service Agency |
|
$ |
431,176 |
|
$ |
448,574 |
117 |
100-644 |
|
General Services Division - Operating |
|
$ |
7,622,861 |
|
$ |
8,653,304 |
122 |
100-637 |
|
Fleet Management |
|
$ |
1,669,589 |
|
$ |
1,652,849 |
125 |
100-622 |
|
Human Resources Division - Operating |
|
$ |
21,489,800 |
|
$ |
21,764,800 |
127 |
100-627 |
|
Vehicle Liability Insurance |
|
$ |
3,363,894 |
|
$ |
3,344,644 |
128 |
100-620 |
|
Collective Bargaining |
|
$ |
3,410,952 |
|
$ |
3,410,952 |
130 |
100-606 |
|
Risk Management Reserve |
|
$ |
217,904 |
|
$ |
223,904 |
131 |
100-639 |
|
State Architect's Office |
|
$ |
6,510,117 |
|
$ |
6,473,867 |
132 |
100-631 |
|
DAS Building Management |
|
$ |
10,921,019 |
|
$ |
10,721,430 |
188 |
100-649 |
|
Equal Opportunity Division - Operating |
|
$ |
1,082,353 |
|
$ |
1,103,697 |
201 |
100-653 |
|
General Services Resale Merchandise |
|
$ |
1,533,000 |
|
$ |
1,553,000 |
210 |
100-612 |
|
State Printing |
|
$ |
6,160,200 |
|
$ |
6,674,421 |
4P3 |
100-603 |
|
Departmental MIS Services |
|
$ |
6,077,535 |
|
$ |
6,233,638 |
427 |
100-602 |
|
Investment Recovery |
|
$ |
4,023,473 |
|
$ |
3,953,216 |
5C2 |
100-605 |
|
MARCS Administration |
|
$ |
6,632,527 |
|
$ |
9,268,178 |
5C3 |
100-608 |
|
Skilled Trades |
|
$ |
1,840,327 |
|
$ |
1,905,655 |
5D7 |
100-621 |
|
Workforce Development |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
5L7 |
100-610 |
|
Professional Development |
|
$ |
2,700,000 |
|
$ |
2,700,000 |
5V6 |
100-619 |
|
Employee Educational Development |
|
$ |
809,071 |
|
$ |
811,129 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
103,999,345 |
|
$ |
108,400,805 |
Intragovernmental Service Fund Group
133 |
100-607 |
|
Information Technology Fund |
|
$ |
100,987,526 |
|
$ |
102,272,838 |
4N6 |
100-617 |
|
Major IT Purchases |
|
$ |
15,452,006 |
|
$ |
10,617,166 |
TOTAL ISF Intragovernmental |
|
|
|
|
|
|
Service Fund Group |
|
$ |
116,439,532 |
|
$ |
112,890,004 |
113 |
100-628 |
|
Unemployment Compensation Pass Through |
|
$ |
4,200,000 |
|
$ |
4,200,000 |
124 |
100-629 |
|
Payroll Deductions |
|
$ |
1,971,000,000 |
|
$ |
2,050,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
1,975,200,000 |
|
$ |
2,054,200,000 |
Holding Account Redistribution Fund Group
R08 |
100-646 |
|
General Services Refunds |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,355,368,264 |
|
$ |
2,445,136,922 |
Section 8.01. AGENCY AUDIT EXPENSES
Of the foregoing appropriation item 100-405, Agency Audit
Expenses, up to $20,000 in fiscal year 2004 and $20,000 in fiscal
year 2005
shall be used for the Department of
Administrative
Services' GRF appropriation item-related auditing
expenses. The
remainder
of the appropriation shall be used for
auditing expenses
designated in division (A)(1) of section 117.13
of the Revised
Code for those state agencies audited on a
biennial basis.
Section 8.02. OHIO BUILDING AUTHORITY
The foregoing appropriation item 100-447, OBA - Building Rent
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2003, to June
30, 2005, by the Department of Administrative Services to the Ohio
Building Authority pursuant to leases and agreements under Chapter
152. of the Revised Code, but limited to the aggregate amount of
$222,702,700. These appropriations are the source of funds pledged for bond service charges on obligations issued pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 100-448, OBA -
Building Operating Payments, shall be used to meet all payments at
the times that they are required to be made during the period from
July 1, 2003, to June 30, 2005, by the Department of
Administrative Services to the Ohio Building Authority pursuant to
leases and agreements under Chapter 152. of the Revised Code, but
limited to the aggregate amount of $51,448,800.
The payments to the Ohio Building Authority are for the
purpose of paying the expenses of agencies that occupy space in
the various state facilities. The Department of Administrative
Services may enter into leases and agreements with the Ohio
Building Authority providing for the payment of these expenses.
The Ohio Building Authority shall report to the Department of
Administrative Services and the Office of Budget and Management
not later than five months after the start of a fiscal year the
actual expenses incurred by the Ohio Building Authority in
operating the facilities and any balances remaining from payments
and rentals received in the prior fiscal year. The Department of
Administrative Services shall reduce subsequent payments by the
amount of the balance reported to it by the Ohio Building
Authority.
Section 8.03. DAS - BUILDING OPERATING PAYMENTS
The foregoing appropriation item 100-449, DAS - Building
Operating Payments,
shall be used to pay the rent expenses of
veterans organizations pursuant to
section 123.024 of the Revised
Code in fiscal years 2004 and
2005.
The foregoing appropriation item, 100-449, DAS - Building
Operating Payments, may be used to provide funding for the cost of
property appraisals or building studies that the Department of Administrative Services
may be required to obtain for property that is being sold by the
state or property under consideration to be renovated or purchased by the
state.
Notwithstanding section 125.28 of the Revised Code, the
remaining
portion of
the appropriation may be used to pay the
operating expenses of
state
facilities maintained by the
Department of Administrative
Services that are
not billed to
building tenants. These expenses may include, but
are not
limited
to, the costs for vacant space and space undergoing
renovation,
and
the rent expenses of tenants that are relocated due to
building
renovations. These payments shall be processed by the
Department of
Administrative Services
through intrastate transfer
vouchers and placed in
the Building
Management Fund (Fund
132).
Section 8.04. CENTRAL SERVICE AGENCY FUND
The Director of Budget and Management may transfer up to
$423,200
in fiscal year 2004 and up to
$427,700
in
fiscal year
2005 from the
Occupational Licensing and Regulatory
Fund (Fund
4K9) to the Central
Service Agency Fund (Fund 115).
The
Director
of Budget and
Management may transfer up to
$40,700 in fiscal
year
2004 and up
to
$41,200 in fiscal
year 2005 from the State
Medical
Board
Operating Fund (Fund 5C6)
to the Central Service
Agency Fund
(Fund
115).
The appropriation item
100-632, Central
Service
Agency,
shall be used to purchase the
necessary equipment,
products, and
services to
maintain a
local area network for the
professional
licensing
boards, and to support
their
licensing applications in fiscal years 2004 and 2005. The amount
of the cash
transfer is
appropriated to
appropriation item
100-632,
Central
Service
Agency.
Section 8.05. COLLECTIVE BARGAINING ARBITRATION EXPENSES
With approval of the Director of Budget and Management, the
Department of Administrative Services may seek reimbursement from
state agencies for the actual costs and expenses the department
incurs in the collective bargaining arbitration process. The
reimbursements shall be processed through intrastate transfer
vouchers and placed in the Collective Bargaining Fund (Fund 128).
Section 8.06. EQUAL OPPORTUNITY PROGRAM
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the activities supported
by the State EEO Fund (Fund 188). These charges
shall be deposited to the credit of the State EEO
Fund (Fund 188) upon payment made by state agencies,
state-supported or state-assisted institutions of higher
education, and tax-supported agencies, municipal corporations, and
other political subdivisions of the state, for services rendered.
Section 8.07. MERCHANDISE FOR RESALE
The foregoing appropriation item 100-653, General Services
Resale
Merchandise, shall be used to account for merchandise for
resale,
which is administered by the General Services Division.
Deposits to the fund may comprise the cost of merchandise for
resale and shipping fees.
Section 8.08. DEPARTMENTAL MIS
The foregoing appropriation item 100-603, Departmental MIS
Services, may be used to pay operating expenses of management
information systems activities in the Department of Administrative
Services. The Department of Administrative Services shall
establish charges for recovering the costs of management
information systems activities. These charges shall be deposited
to the credit of the Departmental MIS Services Fund (Fund 4P3).
Notwithstanding any other language to the contrary, the
Director
of Budget and Management may transfer up to $1,000,000 of
fiscal
year 2004 appropriations and up to $1,000,000 of fiscal
year 2005 appropriations from appropriation item 100-603,
Departmental MIS
Services, to any Department of Administrative
Services non-General Revenue
Fund appropriation
item. The
appropriations transferred shall be used to make
payments for
management information systems services.
Section 8.09. INVESTMENT RECOVERY FUND
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund (Fund 427) may be used to
support the operating expenses of the Federal Surplus Operating
Program created in sections 125.84 to 125.90 of the Revised Code.
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund may be used to
support the operating expenses of the State Property Inventory and
Fixed Assets Management System Program.
Of the foregoing appropriation item 100-602, Investment
Recovery, up to $1,958,155 in fiscal year 2004 and up to
$2,049,162 in fiscal year 2005 shall be used to pay the operating
expenses of the State Surplus Property Program, the Surplus
Federal Property Program, and the State Property Inventory and
Fixed Assets Management System Program pursuant to Chapter 125. of
the Revised Code and this section. If additional appropriations
are necessary for the operations of these programs, the Director
of Administrative Services shall seek increased appropriations
from the Controlling Board under section 131.35 of the Revised
Code.
Of the foregoing appropriation item 100-602, Investment
Recovery,
$2,221,029 in fiscal year 2004 and
$2,130,022 in
fiscal
year 2005 shall be used to transfer proceeds
from the sale
of
surplus property from the Investment Recovery
Fund to
non-General
Revenue Funds pursuant to division (A)(2) of
section
125.14 of the
Revised Code. If it is determined by the
Director
of
Administrative Services that additional appropriations
are
necessary for the transfer of such sale proceeds, the Director
of
Administrative Services may request the Director of Budget
and
Management to increase the amounts. Such amounts are hereby
appropriated.
Notwithstanding division (B) of section 125.14 of the Revised
Code, the Director of Budget and Management, at the request of the
Director of Administrative Services, shall transfer up to
$2,811,197 of the amounts held for transfer to the General Revenue
Fund from the Investment Recovery Fund to the General
Services Fund (Fund 117) during the biennium beginning July 1,
2003, and ending June 30, 2005. The cash transferred to the
General Services Fund shall be used to pay the operating expenses
of the Competitive Sealed Proposal Program, to provide operating cash for the General Services Fund, and to provide operating cash for the newly created rate pools for Real Estate Leasing and Interior Design Services.
Section 8.10. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM
Notwithstanding division (B)(3) of section 4505.09 of the
Revised Code, the Director of Budget and Management, at the
request of the Director of Administrative Services, may transfer
up to $4,887,390 in fiscal year 2004 and $1,000,000 in fiscal year
2005 from the Automated Title Processing System (Fund 849) to the
Multi-Agency Radio Communications Systems Fund (Fund 5C2). The
cash transferred to the Multi-Agency Radio Communications Systems
Fund shall be used for the development of the MARCS system.
Effective with the implementation of the Multi-Agency Radio
Communications System, the Director of Administrative Services
shall collect user fees from participants in the system. The
Director of Administrative Services, with the advice of the
Multi-Agency Radio Communications System Steering Committee and
the Director of Budget and Management, shall determine the amount
of the fees and the manner by which the fees shall be collected.
Such user charges shall comply with the applicable cost principles
issued by the federal Office of Management and Budget. All moneys
from user charges and fees shall be deposited in the state
treasury to the credit of the Multi-Agency Radio Communications
System Administration Fund (Fund 5C2). All interest income derived from the investment of the fund shall accrue to the fund.
Section 8.11. WORKFORCE DEVELOPMENT FUND
There is hereby established in the state treasury the
Workforce Development Fund (Fund 5D7). The foregoing
appropriation item 100-621, Workforce Development, shall be used
to make payments from the fund. The fund shall be under the
supervision of the Department of Administrative Services, which
may adopt rules with regard to administration of the fund. The
fund shall be used to pay the costs of the Workforce Development
Program, if any, as previously established by Article 37 of the contract between the
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000, and as modified by any successor labor contract between the State of Ohio and OCSEA/AFSCME.
The program shall be administered in accordance with the contract.
Revenues shall accrue to the fund as specified in the contract.
The fund may be used to pay direct and indirect costs of the
program that are attributable to staff, consultants, and service
providers. All income derived from the investment of the fund
shall accrue to the fund.
If it is determined by the Director of Administrative
Services that additional appropriation amounts are necessary, the
Director of Administrative Services may request that the Director
of Budget and Management increase such amounts. Such amounts are hereby
appropriated.
Section 8.12. PROFESSIONAL DEVELOPMENT FUND
The foregoing appropriation item 100-610, Professional
Development, shall be used to make payments from the Professional
Development Fund (Fund 5L7) pursuant to section 124.182 of the
Revised Code.
Section 8.13. EMPLOYEE EDUCATIONAL DEVELOPMENT
There is hereby established in the state treasury the Employee Educational Development Fund (Fund 5V6). The foregoing appropriation item 100-619, Employee Educational Development, shall be used to make payments from the fund. The fund shall be used to pay the costs of the administration of educational programs per existing collective bargaining agreements with District 1199, the Health Care and Social Service Union; State Council of Professional Educators; Ohio Education Association; National Education Association; the Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio State Troopers Association, Units 1 and 15. The fund shall be under the supervision of the Department of Administrative Services, which may adopt rules with regard to administration of the fund. The fund shall be administered in accordance with the applicable sections of the collective bargaining agreements between the State and the aforementioned unions. The Department of Administrative Services, with the approval of the Director of Budget and Management, shall establish charges for recovering the costs of administering the educational programs. Receipts for these charges shall be deposited into the Employee Educational Development Fund. All income derived from the investment of the funds shall accrue to the fund.
If it is determined by the Director of Administrative Services that additional appropriation amounts are necessary, the Director of Administrative Services may request that the Director of Budget and Management increase such amounts. Such amounts are hereby appropriated with the approval of the Director of Budget and Management.
Upon the request of the Director of Administrative Services, the Director of Budget and Management shall transfer any cash balances attributable to educational programs per existing collective bargaining agreements with District 1199, the Health Care and Social Service Union; State Council of Professional Educators; Ohio Education Association; National Education Association; the Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio State Troopers Association, Units 1 and 15 from the Human Resources Services Fund (Fund 125) to the Employee Educational Development Fund (Fund 5V6).
Section 8.14. MAJOR IT PURCHASES
The Director of Administrative Services shall compute the
amount
of revenue attributable to the amortization of all
equipment
purchases and capitalized systems from appropriation item 100-607, Information
Technology Fund; appropriation item
100-617, Major IT
Purchases; and appropriation item CAP-837,
Major IT Purchases,
which is recovered by the Department
of
Administrative
Services as part of the rates charged by the Information
Technology Fund (Fund 133) created in section 125.15 of the
Revised Code. The Director of Budget and Management may transfer
cash in an amount not to exceed the amount of amortization
computed from the Information Technology Fund (Fund 133) to the Major IT Purchases Fund (Fund 4N6).
Section 8.15. INFORMATION TECHNOLOGY ASSESSMENT
The Director of Administrative Services, with the approval of
the Director of Budget and Management, may establish an
information
technology assessment for the purpose of recovering
the cost of
selected infrastructure and statewide
programs. Such
assessment shall comply with applicable cost
principles issued by
the federal Office of Management and Budget. The information technology
assessment shall be
charged to all organized bodies, offices, or
agencies established
by the laws of the state for the exercise of
any function of state
government except for the General Assembly,
any legislative
agency, the Supreme Court, the other courts of
record in Ohio, or
any judicial agency, the Adjutant General, the
Bureau of
Workers' Compensation, and institutions administered by
a board of
trustees. Any state-entity exempted by this section
may
utilize
the infrastructure or statewide program by
participating
in the
information technology assessment. All
charges for the
information technology assessment shall be
deposited to the credit
of the Information Technology Fund (Fund
133) created in section
125.15 of the Revised Code.
Section 8.16. UNEMPLOYMENT COMPENSATION FUND
The foregoing appropriation item 100-628, Unemployment
Compensation Pass Through, shall be used to make payments from the Unemployment
Compensation Fund (Fund 113), pursuant to section 4141.241 of the
Revised Code. If it is determined that additional amounts are
necessary, such amounts are hereby appropriated.
Section 8.17. PAYROLL WITHHOLDING FUND
The foregoing appropriation item 100-629, Payroll Deductions,
shall be used to make payments from the Payroll Withholding Fund
(Fund 124). If it is determined by the Director of Budget and
Management that additional appropriation amounts are necessary,
such amounts
are hereby appropriated.
Section 8.18. GENERAL SERVICES REFUNDS
The foregoing appropriation item 100-646, General Services
Refunds, shall be used to hold bid guarantee and building plans
and specifications deposits until they are refunded. The Director
of Administrative Services may request that the Director of Budget
and Management transfer cash received for the costs of providing
the building plans and specifications to contractors from the
General Services Refunds Fund to the State Architect's
Office Fund (Fund 131). Prior to the transfer of cash, the Director of
Administrative Services shall certify that such amounts are in
excess of amounts required for refunding deposits and are directly
related to costs of producing building plans and specifications.
If it is determined that additional appropriations are necessary,
such amounts are hereby appropriated.
Section 8.19. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT
SERVICE PAYMENTS
The Director of Administrative Services, in consultation with
the Multi-Agency Radio Communication System (MARCS) Steering
Committee and the Director of Budget and Management, shall
determine the share of debt service payments attributable to
spending for MARCS components that are not specific to any one
agency and that shall be charged to agencies supported by the
motor fuel tax. Such share of debt service payments shall be
calculated for MARCS capital disbursements made beginning July
1,
1997. Within thirty days of any payment made from
appropriation
item 100-447, OBA - Building Rent Payments,
the Director of
Administrative Services shall certify to the
Director of Budget
and Management the amount of this share. The
Director of Budget
and Management shall transfer such amounts to
the General Revenue
Fund from the State Highway Safety Fund (Fund
036) established in
section 4501.06 of the Revised Code.
The Director of Administrative Services shall consider
renting or leasing existing tower sites at reasonable or current
market rates, so long as these existing sites are equipped with
the technical capabilities to support the MARCS project.
Section 8.20. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY
Whenever the Director of Administrative Services declares a
"public exigency," as provided in division (C) of section 123.15
of the Revised Code, the Director shall also notify the members of
the Controlling Board.
Section 8.21. GENERAL SERVICE CHARGES
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the programs in the
General Services Fund (Fund 117) and the State Printing Fund (Fund
210).
Section 9. AAM COMMISSION ON AFRICAN AMERICAN MALES
GRF |
036-100 |
|
Personal Services |
|
$ |
212,492 |
|
$ |
218,610 |
GRF |
036-200 |
|
Maintenance |
|
$ |
50,180 |
|
$ |
50,180 |
GRF |
036-300 |
|
Equipment |
|
$ |
4,000 |
|
$ |
4,000 |
GRF |
036-501 |
|
CAAM Awards and Scholarships |
|
$ |
14,625 |
|
$ |
14,625 |
GRF |
036-502 |
|
Community Projects |
|
$ |
25,185 |
|
$ |
26,445 |
TOTAL GRF General Revenue Fund |
|
$ |
306,482 |
|
$ |
313,860 |
State Special Revenue Fund Group
4H3 |
036-601 |
|
Commission on African American Males - Gifts/Grants |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL SSR State Special Revenue
Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
316,482 |
|
$ |
323,860 |
COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW
Annually, not later than the thirty-first day of December, the Commission on African
American Males
shall internally prepare and submit to the chairperson and ranking
minority member of the Human
Services Subcommittee of the Finance
and Appropriations Committee of the
House of Representatives a
report that demonstrates the progress that has
been made toward
meeting the Commission's mission statement.
Section 10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW
GRF |
029-321 |
|
Operating Expenses |
|
$ |
363,769 |
|
$ |
379,769 |
TOTAL GRF General Revenue Fund |
|
$ |
363,769 |
|
$ |
379,769 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
363,769 |
|
$ |
379,769 |
The Chief Administrative Officer of the House of
Representatives and the Clerk
of the Senate shall determine, by
mutual agreement, which of them shall act as
fiscal
agent for
the
Joint Committee on Agency Rule Review.
Section 11. AGE DEPARTMENT OF AGING
GRF |
490-321 |
|
Operating Expenses |
|
$ |
2,441,068 |
|
$ |
2,465,479 |
GRF |
490-403 |
|
PASSPORT |
|
$ |
74,808,877 |
|
$ |
80,946,032 |
GRF |
490-405 |
|
Golden Buckeye Card |
|
$ |
300,504 |
|
$ |
304,164 |
GRF |
490-406 |
|
Senior Olympics |
|
$ |
16,636 |
|
$ |
16,636 |
GRF |
490-407 |
|
Long-Term Care Consumer Guide |
|
$ |
495,692 |
|
$ |
502,297 |
GRF |
490-409 |
|
Ohio Community Service Council Operations |
|
$ |
228,048 |
|
$ |
228,999 |
GRF |
490-410 |
|
Long-Term Care Ombudsman |
|
$ |
729,685 |
|
$ |
730,366 |
GRF |
490-411 |
|
Senior Community Services |
|
$ |
10,971,431 |
|
$ |
10,979,201 |
GRF |
490-412 |
|
Residential State Supplement |
|
$ |
10,557,978 |
|
$ |
11,191,456 |
GRF |
490-414 |
|
Alzheimers Respite |
|
$ |
4,346,689 |
|
$ |
4,348,715 |
GRF |
490-416 |
|
Transportation for Elderly |
|
$ |
141,917 |
|
$ |
138,369 |
GRF |
490-419 |
|
Prescription Drug Discount Program |
|
$ |
169,986 |
|
$ |
169,986 |
GRF |
490-506 |
|
Senior Volunteers |
|
$ |
385,099 |
|
$ |
375,471 |
TOTAL GRF General Revenue Fund |
|
$ |
105,593,610 |
|
$ |
112,397,171 |
General Services Fund Group
480 |
490-606 |
|
Senior Citizens Services Special Events |
|
$ |
372,677 |
|
$ |
372,677 |
5T4 |
490-615 |
|
Aging Network Support |
|
$ |
252,830 |
|
$ |
252,830 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
625,507 |
|
$ |
625,507 |
Federal Special Revenue Fund Group
3C4 |
490-607 |
|
PASSPORT |
|
$ |
140,563,071 |
|
$ |
143,208,159 |
3M3 |
490-611 |
|
Federal Aging Nutrition |
|
$ |
25,541,095 |
|
$ |
26,818,149 |
3M4 |
490-612 |
|
Federal Supportive Services |
|
$ |
26,305,294 |
|
$ |
27,094,453 |
3R7 |
490-617 |
|
Ohio Community Service Council Programs |
|
$ |
8,951,150 |
|
$ |
8,905,150 |
322 |
490-618 |
|
Older Americans
Support Services |
|
$ |
12,904,949 |
|
$ |
13,298,626 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
214,265,559 |
|
$ |
219,324,537 |
State Special Revenue Fund Group
4C4 |
490-609 |
|
Regional Long-Term Care
Ombudsman Program |
|
$ |
829,321 |
|
$ |
829,321 |
4J4 |
490-610 |
|
PASSPORT/Residential State Supplement |
|
$ |
33,268,052 |
|
$ |
33,263,984 |
4U9 |
490-602 |
|
PASSPORT Fund |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5K9 |
490-613 |
|
Nursing Home Consumer Guide |
|
$ |
400,000 |
|
$ |
400,000 |
5W1 |
490-616 |
|
Resident Services Coordinator Program |
|
$ |
250,000 |
|
$ |
250,000 |
624 |
490-604 |
|
OCSC Community Support |
|
$ |
2,500 |
|
$ |
2,500 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
39,749,873 |
|
$ |
39,745,805 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
360,234,549 |
|
$ |
372,093,020 |
Section 11.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY
ADMISSION
Pursuant to sections 5101.751 and 5101.754 of the
Revised
Code and an interagency agreement, the Department of Job and
Family
Services shall
designate the Department of Aging to perform
assessments under
sections 5101.75
and 5111.204 of the Revised
Code. Of the foregoing appropriation
item 490-403,
PASSPORT, the
Department of Aging may use not more than
$2,511,309 in fiscal
year 2004 and $2,574,092 in fiscal year 2005
to perform
the
assessments for persons not eligible for Medicaid in
accordance
with the department's interagency
agreement with the Department
of
Job
and Family Services and to assist individuals
in
planning for
their long-term health care needs.
Appropriation item 490-403, PASSPORT, and the amounts set
aside for the PASSPORT Waiver Program in appropriation item
490-610,
PASSPORT/Residential State Supplement, may be
used to
assess clients regardless of Medicaid eligibility.
The Director of Aging shall adopt rules under
section 111.15
of the Revised Code governing the nonwaiver funded
PASSPORT
program, including client eligibility.
The Department of Aging shall administer the Medicaid
waiver-funded PASSPORT Home Care Program as delegated by the
Department
of Job and Family Services in an interagency agreement. The
foregoing
appropriation item 490-403, PASSPORT,
and the amounts
set aside for the PASSPORT Waiver Program in
appropriation item
490-610,
PASSPORT/Residential State Supplement,
shall
be used to
provide the required state match for federal
Medicaid funds
supporting the Medicaid Waiver-funded PASSPORT Home
Care
Program.
Appropriation item 490-403, PASSPORT, and the
amounts set aside
for the PASSPORT Waiver Program in appropriation
item 490-610,
PASSPORT/Residential State Supplement, may
also be
used
to support
the Department of Aging's administrative costs
associated with
operating the PASSPORT program.
The foregoing appropriation item 490-607, PASSPORT, shall
be
used to provide the federal matching share for all PASSPORT
program costs determined by the Department of Job and Family
Services to
be
eligible for Medicaid reimbursement.
SENIOR COMMUNITY SERVICES
The foregoing appropriation item 490-411, Senior Community
Services, shall be
used for services designated by the Department
of Aging,
including, but not
limited to, home-delivered and congregate meals,
transportation services,
personal care
services, respite services, adult day services,
home repair, care coordination, and decision support systems.
Service priority shall be
given to low income, frail,
and
cognitively impaired persons 60
years of age and over. The department
shall promote
cost sharing
by service recipients for those
services funded with
block grant
funds, including, where possible,
sliding-fee scale payment
systems based on
the income of service
recipients.
The foregoing appropriation item 490-414, Alzheimers
Respite,
shall be used to fund only Alzheimer's disease
services under
section 173.04 of the Revised Code.
TRANSPORTATION FOR ELDERLY
The foregoing appropriation item 490-416, Transportation for
Elderly, shall be used for noncapital expenses related to
transportation services for the elderly that provide access to
such things as healthcare services, congregate meals,
socialization programs, and grocery shopping. The funds pass through and shall be administered by the Area Agencies on Aging. The appropriation
shall be allocated to the following agencies:
(A) Up to $34,912 in fiscal year 2004 and up to $34,039 in fiscal year 2005 to the Jewish Vocational Services/Cincinnati;
(B) Up to $34,912 in fiscal year 2004 and up to $34,039 in fiscal year 2005 to the Jewish Community Center of Cleveland;
(C) Up to $34,912 in fiscal year 2004 and up to $34,039 in fiscal year 2005 to the Wexner Heritage Village/Columbus;
(D) Up to $15,469 in fiscal year 2004 and up to $15,082 in fiscal year 2005 to the Jewish Family Services of Dayton;
(E) Up to $7,805 in fiscal year 2004 and up to $7,610 in fiscal year 2005 to the Jewish Community Center of Akron;
(F) Up to $3,832 in fiscal year 2004 and up to $3,736 in fiscal year 2005 to the Jewish Community Center/Youngstown;
(G) Up to $2,270 in fiscal year 2004 and up to $2,214 in fiscal year 2005 to the Jewish Community Center/Canton;
(H) Up to $7,805 in fiscal year 2004 and up to $7,610 in fiscal year 2005 to the Jewish Community Center/Sylvania.
Agencies receiving funding from appropriation item 490-416,
Transportation for Elderly, shall coordinate services with other
local service agencies.
RESIDENTIAL STATE SUPPLEMENT
Under the Residential State Supplement Program, the amount
used
to determine whether a resident is eligible for payment and
for
determining the amount per month the eligible resident will
receive
shall be as follows:
(A) $900 for a residential care facility, as defined in
section
3721.01 of the Revised Code;
(B) $900 for an adult group home, as defined in Chapter
3722. of the
Revised Code;
(C) $800 for an adult foster home, as defined in Chapter
173.
of the
Revised Code;
(D) $800 for an adult family home, as defined in Chapter
3722. of the
Revised Code;
(E) $800 for an adult community alternative home, as defined
in
Chapter 3724. of the Revised Code;
(F) $800 for an adult residential facility, as defined in
Chapter
5119. of the Revised Code;
(G) $600 for adult community mental health housing services,
as
defined in division (B)(5) of section 173.35 of the Revised
Code.
The Departments of Aging and Job and Family Services shall
reflect
these
amounts in any applicable rules the departments adopt
under
section
173.35 of the Revised Code.
TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS
The Department of Aging may transfer cash by intrastate
transfer vouchers from
the
foregoing appropriation items 490-412,
Residential State
Supplement,
and 490-610, PASSPORT/Residential
State Supplement, to the
Department of
Job and Family Services'
Fund 4J5,
Home and Community-Based Services for the Aged
Fund.
The funds
shall be used to make
benefit payments to
Residential
State
Supplement recipients.
The foregoing appropriation item 490-410, Long-Term Care
Ombudsman, shall be
used for a
program to fund
ombudsman program
activities in nursing homes, adult
care facilities, boarding
homes, and home and community care
services.
PRESCRIPTION DRUG DISCOUNT PROGRAM
The foregoing appropriation item 490-419, Prescription Drug
Discount Program, shall be used to administer a prescription drug
discount program.
REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS
The foregoing appropriation item 490-609, Regional Long-Term
Care Ombudsman
Programs,
shall be used solely
to pay the costs of
operating the regional long-term care
ombudsman programs.
PASSPORT/RESIDENTIAL STATE SUPPLEMENT
Of the foregoing appropriation item 490-610,
PASSPORT/Residential State Supplement, up to $2,835,000 each
fiscal year
may be used to fund the
Residential State Supplement
Program. The remaining available funds shall be
used to
fund the
PASSPORT program.
TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES
Upon written request of the Director of Aging,
the Director
of Budget and Management may transfer
appropriation authority
among appropriation items
490-611, Federal Aging
Nutrition,
490-612, Federal Supportive
Services, and
490-618,
Older Americans
Support Services, in amounts not to exceed 30 per
cent of
the
appropriation from which the transfer is made. The
Department of
Aging shall
report such transfers to the Controlling
Board at the
next
regularly scheduled
meeting of the board.
OHIO COMMUNITY SERVICE COUNCIL
The foregoing appropriation items 490-409, Ohio Community
Service Council Operations, and 490-617, Ohio Community Service Council
Programs, shall be used
in
accordance with section 121.40 of the
Revised Code.
Section 12. AGR DEPARTMENT OF AGRICULTURE
GRF |
700-321 |
|
Operating Expenses |
|
$ |
2,737,665 |
|
$ |
2,771,628 |
GRF |
700-401 |
|
Animal Disease Control |
|
$ |
3,535,539 |
|
$ |
3,526,147 |
GRF |
700-402 |
|
Amusement Ride Safety |
|
$ |
278,767 |
|
$ |
275,943 |
GRF |
700-403 |
|
Dairy Division |
|
$ |
1,494,597 |
|
$ |
1,494,153 |
GRF |
700-404 |
|
Ohio Proud |
|
$ |
197,727 |
|
$ |
197,229 |
GRF |
700-406 |
|
Consumer Analytical Lab |
|
$ |
819,281 |
|
$ |
872,241 |
GRF |
700-407 |
|
Food Safety |
|
$ |
864,922 |
|
$ |
876,740 |
GRF |
700-409 |
|
Farmland Preservation |
|
$ |
252,278 |
|
$ |
251,906 |
GRF |
700-410 |
|
Plant Industry |
|
$ |
1,109,867 |
|
$ |
1,107,677 |
GRF |
700-411 |
|
International Trade and Market Development |
|
$ |
521,049 |
|
$ |
517,524 |
GRF |
700-412 |
|
Weights and Measures |
|
$ |
914,137 |
|
$ |
909,120 |
GRF |
700-413 |
|
Gypsy Moth Prevention |
|
$ |
546,118 |
|
$ |
576,299 |
GRF |
700-414 |
|
Concentrated Animal Feeding Facilities Advisory Committee |
|
$ |
16,521 |
|
$ |
16,086 |
GRF |
700-415 |
|
Poultry Inspection |
|
$ |
270,645 |
|
$ |
267,743 |
GRF |
700-418 |
|
Livestock Regulation Program |
|
$ |
1,306,911 |
|
$ |
1,306,911 |
GRF |
700-424 |
|
Livestock Testing and Inspections |
|
$ |
123,347 |
|
$ |
123,347 |
GRF |
700-499 |
|
Meat Inspection Program - State Share |
|
$ |
4,451,611 |
|
$ |
4,496,889 |
GRF |
700-501 |
|
County Agricultural Societies |
|
$ |
362,037 |
|
$ |
352,986 |
TOTAL GRF General Revenue Fund |
|
$ |
19,803,019 |
|
$ |
19,940,569 |
Federal Special Revenue Fund Group
3J4 |
700-607 |
|
Indirect Cost |
|
$ |
938,785 |
|
$ |
949,877 |
3R2 |
700-614 |
|
Federal Plant Industry |
|
$ |
1,400,000 |
|
$ |
1,425,000 |
326 |
700-618 |
|
Meat Inspection Service - Federal Share |
|
$ |
4,876,904 |
|
$ |
4,951,291 |
336 |
700-617 |
|
Ohio Farm Loan Revolving Fund |
|
$ |
181,774 |
|
$ |
181,774 |
382 |
700-601 |
|
Cooperative Contracts |
|
$ |
2,400,000 |
|
$ |
2,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
9,797,463 |
|
$ |
10,007,942 |
State Special Revenue Fund Group
4C9 |
700-605 |
|
Feed, Fertilizer, and Lime Inspection |
|
$ |
986,765 |
|
$ |
1,008,541 |
4D2 |
700-609 |
|
Auction Education |
|
$ |
30,476 |
|
$ |
30,476 |
4E4 |
700-606 |
|
Utility Radiological Safety |
|
$ |
73,059 |
|
$ |
73,059 |
4P7 |
700-610 |
|
Food Safety Inspection |
|
$ |
575,797 |
|
$ |
582,711 |
4R0 |
700-636 |
|
Ohio Proud Marketing |
|
$ |
40,300 |
|
$ |
38,300 |
4R2 |
700-637 |
|
Dairy Inspection Fund |
|
$ |
1,157,603 |
|
$ |
1,184,183 |
4T6 |
700-611 |
|
Poultry and Meat Inspection |
|
$ |
46,162 |
|
$ |
47,294 |
4T7 |
700-613 |
|
International Trade and Market Development Rotary |
|
$ |
41,238 |
|
$ |
42,000 |
4V5 |
700-615 |
|
Animal Industry Lab Fees |
|
$ |
711,944 |
|
$ |
711,944 |
494 |
700-612 |
|
Agricultural Commodity Marketing Program |
|
$ |
170,077 |
|
$ |
170,220 |
496 |
700-626 |
|
Ohio Grape Industries |
|
$ |
1,071,099 |
|
$ |
1,071,099 |
497 |
700-627 |
|
Commodity Handlers Regulatory Program |
|
$ |
664,118 |
|
$ |
664,118 |
498 |
700-628 |
|
Commodity Indemnity Fund |
|
$ |
250,000 |
|
$ |
250,000 |
5B8 |
700-629 |
|
Auctioneers |
|
$ |
291,672 |
|
$ |
365,390 |
5H2 |
700-608 |
|
Metrology Lab |
|
$ |
105,879 |
|
$ |
108,849 |
5L8 |
700-604 |
|
Livestock Management Program |
|
$ |
250,000 |
|
$ |
250,000 |
578 |
700-620 |
|
Ride Inspection Fees |
|
$ |
497,000 |
|
$ |
497,000 |
579 |
700-630 |
|
Scale Certification |
|
$ |
168,785 |
|
$ |
171,677 |
652 |
700-634 |
|
Laboratory Services |
|
$ |
1,043,444 |
|
$ |
1,074,447 |
669 |
700-635 |
|
Pesticide Program |
|
$ |
1,981,232 |
|
$ |
1,981,232 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
10,156,650 |
|
$ |
10,322,540 |
057 |
700-632 |
|
Clean Ohio Agricultural Easement |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL CLR Clean Ohio Fund Group |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
39,906,132 |
|
$ |
40,420,051 |
Notwithstanding Chapter 166. of the Revised Code, up to $1,500,000 in each fiscal year shall be transferred from moneys in the Facilities Establishment Fund (Fund 037) to the Family Farm Loan Fund (Fund 5H1) in the Department of Development. These moneys shall be used for loan guarantees. The transfer is subject to Controlling Board approval.
Financial assistance from the Family Farm Loan Fund (Fund 5H1) shall be repaid to Fund 5H1. This fund is established in accordance with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the Revised Code.
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, all outstanding balances, all loan repayments, and any other outstanding obligations shall revert to the Facilities Establishment Fund (Fund 037).
CLEAN OHIO AGRICULTURAL EASEMENT
The foregoing appropriation item 700-632, Clean Ohio Agricultural Easement, shall be used by the Department of Agriculture in administering sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised Code.
Section 13. AIR AIR QUALITY DEVELOPMENT AUTHORITY
4Z9 |
898-602 |
|
Small Business Ombudsman |
|
$ |
233,482 |
|
$ |
233,482 |
5A0 |
898-603 |
|
Small Business Assistance |
|
$ |
197,463 |
|
$ |
197,463 |
570 |
898-601 |
|
Operating Expenses |
|
$ |
243,383 |
|
$ |
243,383 |
TOTAL AGY Agency Fund Group |
|
$ |
674,328 |
|
$ |
674,328 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
674,328 |
|
$ |
674,328 |
Section 14. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES
GRF |
038-321 |
|
Operating Expenses |
|
$ |
1,200,293 |
|
$ |
1,259,423 |
GRF |
038-401 |
|
Treatment Services |
|
$ |
31,363,537 |
|
$ |
34,499,890 |
GRF |
038-404 |
|
Prevention Services |
|
$ |
1,107,784 |
|
$ |
1,163,174 |
TOTAL GRF General Revenue Fund |
|
$ |
33,671,614 |
|
$ |
36,922,487 |
5T9 |
038-616 |
|
Problem Gambling Services |
|
$ |
60,000 |
|
$ |
60,000 |
TOTAL GSF General Services Fund Group |
|
$ |
60,000 |
|
$ |
60,000 |
Federal Special Revenue Fund Group
3G3 |
038-603 |
|
Drug Free Schools |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
3G4 |
038-614 |
|
Substance Abuse Block Grant |
|
$ |
67,335,499 |
|
$ |
68,079,223 |
3H8 |
038-609 |
|
Demonstration Grants |
|
$ |
7,093,075 |
|
$ |
7,093,075 |
3J8 |
038-610 |
|
Medicaid |
|
$ |
30,000,000 |
|
$ |
30,000,000 |
3N8 |
038-611 |
|
Administrative Reimbursement |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
108,428,574 |
|
$ |
109,172,298 |
State Special Revenue Fund Group
475 |
038-621 |
|
Statewide Treatment and Prevention |
|
$ |
20,191,182 |
|
$ |
20,191,182 |
5P1 |
038-615 |
|
Credentialing |
|
$ |
225,000 |
|
$ |
0 |
689 |
038-604 |
|
Education and Conferences |
|
$ |
280,000 |
|
$ |
280,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
20,696,182 |
|
$ |
20,471,182 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
162,856,370 |
|
$ |
166,625,967 |
Of the foregoing appropriation item 038-401, Treatment Services, not more than $8,190,000 shall be used by the Department of Alcohol and Drug Addiction Services for program grants for priority populations in each year of the biennium.
AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY
Of the foregoing appropriation item 038-401, Treatment
Services, $4 million in each fiscal year shall be
allocated for
services to families, adults, and adolescents
pursuant to the
requirements of Am. Sub. H.B. 484 of the 122nd
General Assembly.
SERVICES FOR TANF-ELIGIBLE INDIVIDUALS
Of the foregoing appropriation item 038-621, Statewide Treatment and Prevention, $5 million each year
shall be used to fund TANF-eligible expenditures for substance abuse
prevention and treatment services to children, or their families,
whose income is at or below 200 per cent of the official income
poverty guideline. The Director of Alcohol and Drug Addiction Services and the Director of Job and Family Services shall develop operating and reporting guidelines for these programs.
PARENT AWARENESS TASK FORCE
The Parent Awareness Task Force shall study ways to engage
more parents in
activities, coalitions, and educational programs
in Ohio relating to alcohol
and other drug abuse prevention. Of
the foregoing appropriation item 038-404,
Prevention Services,
$30,000 in each fiscal year may be used to support the
functions
of the Parent Awareness Task Force.
Section 15. AMB AMBULANCE LICENSING BOARD
General Services Fund Group
4N1 |
915-601 |
|
Operating Expenses |
|
$ |
272,340 |
|
$ |
284,054 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
272,340 |
|
$ |
284,054 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
272,340 |
|
$ |
284,054 |
Section 16. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS
General Services Fund Group
4K9 |
891-609 |
|
Operating Expenses |
|
$ |
480,574 |
|
$ |
479,574 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
480,574 |
|
$ |
479,574 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
480,574 |
|
$ |
479,574 |
Section 17. ART OHIO ARTS COUNCIL
GRF |
370-100 |
|
Personal Services |
|
$ |
1,896,848 |
|
$ |
1,892,879 |
GRF |
370-200 |
|
Maintenance |
|
$ |
547,404 |
|
$ |
532,998 |
GRF |
370-300 |
|
Equipment |
|
$ |
27,788 |
|
$ |
27,056 |
GRF |
370-502 |
|
Program Subsidies |
|
$ |
9,896,320 |
|
$ |
9,648,912 |
TOTAL GRF General Revenue Fund |
|
$ |
12,368,360 |
|
$ |
12,101,845 |
General Services Fund Group
4B7 |
370-603 |
|
Per Cent for Art Acquisitions |
|
$ |
86,366 |
|
$ |
86,366 |
460 |
370-602 |
|
Gifts and Donations |
|
$ |
429,325 |
|
$ |
429,325 |
TOTAL GSF General Services Fund Group |
|
$ |
515,691 |
|
$ |
515,691 |
Federal Special Revenue Fund Group
314 |
370-601 |
|
Federal Programs |
|
$ |
1,657,300 |
|
$ |
1,657,300 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
1,657,300 |
|
$ |
1,657,300 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,541,351 |
|
$ |
14,274,836 |
A museum is not eligible to receive funds from appropriation
item 370-502,
Program Subsidies, if $8,000,000 or more in capital
appropriations were
appropriated by the state for the museum
between January 1, 1986, and
December 31, 2002.
PER CENT FOR ART ACQUISITIONS
The unencumbered balance remaining from prior projects of
appropriation item 370-603, Per Cent for Art Acquisitions,
shall
be used by the Ohio Arts Council to pay for start-up costs
in
connection with the selection of artists of new Per Cent for
Art
projects.
Section 18. AFC OHIO ARTS AND SPORTS FACILITIES
GRF |
371-321 |
|
Operating Expenses |
|
$ |
67,451 |
|
$ |
67,451 |
GRF |
371-401 |
|
Lease Rental Payments |
|
$ |
36,283,800 |
|
$ |
37,617,700 |
TOTAL GRF General Revenue Fund |
|
$ |
36,351,251 |
|
$ |
37,685,151 |
State Special Revenue Fund Group
4T8 |
371-601 |
|
Riffe Theatre Equipment Maintenance |
|
$ |
23,194 |
|
$ |
23,194 |
4T8 |
371-603 |
|
Project Administration |
|
$ |
1,035,377 |
|
$ |
1,074,339 |
TOTAL SSR State Special Revenue Group |
|
$ |
1,058,571 |
|
$ |
1,097,533 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
37,409,822 |
|
$ |
38,782,684 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing
appropriation item 371-401, Lease Rental Payments, shall be used by the Arts and Sports Facilities Commission for payments to the Ohio Building
Authority for the period from July 1, 2003, to June 30, 2005, pursuant
to the primary leases and agreements for those buildings made
under Chapter 152. of the Revised Code, but limited to the aggregate amount of $73,901,500. This appropriation is the source of
funds pledged for bond service charges on related obligations
issued pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 371-603, Project
Administration,
shall be used by the Ohio Arts and Sports
Facilities Commission to
carry out its responsibilities pursuant
to this section and
Chapter 3383. of the Revised Code.
Within ten days after the effective date of this section, or as soon as possible thereafter, the Director of Budget and Management shall determine the amount of cash from interest earnings to be transferred from the Arts Facilities Building Fund (Fund 030) and the Sports Facilities Building Fund (Fund 024) to the Arts and Sports Facilities Commission Administration Fund (Fund 4T8). The amount transferred may not exceed the appropriation in appropriation item 371-603, Project Administration.
By July 10, 2004, or as soon as possible thereafter, the
Director of Budget and Management shall determine the amount
of cash from interest earnings to be transferred
from the Arts Facilities Building Fund (Fund 030) and the Sports
Facilities Building Fund (Fund 024) to the Arts and Sports Commission Administration
Fund (Fund 4T8). The amount transferred may not exceed the appropriation in appropriation item 371-603, Project Administration.
Section 19. ATH ATHLETIC COMMISSION
General Services Fund Group
4K9 |
175-609 |
|
Athletic Commission - Operating |
|
$ |
188,250 |
|
$ |
200,205 |
TOTAL GSF General Services Fund Group |
|
$ |
188,250 |
|
$ |
200,205 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
188,250 |
|
$ |
200,205 |
TRANSFER OF CASH BALANCE FROM FUND 5R1
On July 1, 2003, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balance in the Athlete Agents Registration Fund (Fund 5R1) that was created in former section 4771.22 of the Revised Code to the Occupational Licensing and Regulatory Fund (Fund 4K9). The director shall cancel any existing encumbrances against appropriation item 175-602, Athlete Agents Registration (Fund 5R1), and reestablish them against appropriation item 175-609, Athletic Commission - Operating (Fund 4K9). The amounts of the reestablished encumbrances are hereby appropriated.
Section 20. AGO ATTORNEY GENERAL
GRF |
055-321 |
|
Operating Expenses |
|
$ |
57,001,723 |
|
$ |
60,039,221 |
GRF |
055-405 |
|
Law-Related Education |
|
$ |
193,402 |
|
$ |
194,183 |
GRF |
055-406 |
|
Community Police Match and Law Enforcement Assistance |
|
$ |
2,344,959 |
|
$ |
2,344,959 |
GRF |
055-411 |
|
County Sheriffs |
|
$ |
731,879 |
|
$ |
736,929 |
GRF |
055-415 |
|
County Prosecutors |
|
$ |
717,182 |
|
$ |
723,490 |
TOTAL GRF General Revenue Fund |
|
$ |
60,989,145 |
|
$ |
64,038,782 |
General Services Fund Group
106 |
055-612 |
|
General Reimbursement |
|
$ |
18,870,196 |
|
$ |
18,870,196 |
107 |
055-624 |
|
Employment Services |
|
$ |
984,396 |
|
$ |
984,396 |
195 |
055-660 |
|
Workers' Compensation Section |
|
$ |
7,769,628 |
|
$ |
7,769,628 |
4Y7 |
055-608 |
|
Title Defect Rescission |
|
$ |
570,623 |
|
$ |
570,623 |
4Z2 |
055-609 |
|
BCI Asset Forfeiture and Cost Reimbursement |
|
$ |
332,109 |
|
$ |
332,109 |
418 |
055-615 |
|
Charitable Foundations |
|
$ |
1,899,066 |
|
$ |
1,899,066 |
420 |
055-603 |
|
Attorney General Antitrust |
|
$ |
446,449 |
|
$ |
446,449 |
421 |
055-617 |
|
Police Officers' Training Academy Fee |
|
$ |
1,193,213 |
|
$ |
1,193,213 |
5A9 |
055-618 |
|
Telemarketing Fraud Enforcement |
|
$ |
52,378 |
|
$ |
52,378 |
590 |
055-633 |
|
Peace Officer Private Security Fund |
|
$ |
98,370 |
|
$ |
98,370 |
629 |
055-636 |
|
Corrupt Activity Investigation and Prosecution |
|
$ |
108,230 |
|
$ |
108,230 |
631 |
055-637 |
|
Consumer Protection Enforcement |
|
$ |
1,373,832 |
|
$ |
1,373,832 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
33,698,490 |
|
$ |
33,698,490 |
Federal Special Revenue Fund Group
3E5 |
055-638 |
|
Anti-Drug Abuse |
|
$ |
1,923,400 |
|
$ |
1,981,102 |
3R6 |
055-613 |
|
Attorney General Federal Funds |
|
$ |
3,730,191 |
|
$ |
3,842,097 |
306 |
055-620 |
|
Medicaid Fraud Control |
|
$ |
2,882,970 |
|
$ |
2,969,459 |
381 |
055-611 |
|
Civil Rights Legal Service |
|
$ |
390,815 |
|
$ |
390,815 |
383 |
055-634 |
|
Crime Victims Assistance |
|
$ |
17,561,250 |
|
$ |
18,439,313 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
26,488,626 |
|
$ |
27,622,786 |
State Special Revenue Fund Group
4L6 |
055-606 |
|
DARE |
|
$ |
3,927,962 |
|
$ |
3,927,962 |
402 |
055-616 |
|
Victims of Crime |
|
$ |
27,933,893 |
|
$ |
27,933,893 |
417 |
055-621 |
|
Domestic Violence Shelter |
|
$ |
14,492 |
|
$ |
14,492 |
419 |
055-623 |
|
Claims Section |
|
$ |
13,649,954 |
|
$ |
13,649,954 |
659 |
055-641 |
|
Solid and Hazardous Waste Background Investigations |
|
$ |
621,159 |
|
$ |
621,159 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
46,147,460 |
|
$ |
46,147,460 |
Holding Account Redistribution Fund Group
R03 |
055-629 |
|
Bingo License Refunds |
|
$ |
5,200 |
|
$ |
5,200 |
R04 |
055-631 |
|
General Holding Account |
|
$ |
275,000 |
|
$ |
275,000 |
R05 |
055-632 |
|
Antitrust Settlements |
|
$ |
10,400 |
|
$ |
10,400 |
R18 |
055-630 |
|
Consumer Frauds |
|
$ |
750,000 |
|
$ |
750,000 |
R42 |
055-601 |
|
Organized Crime Commission Account |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
1,240,600 |
|
$ |
1,240,600 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
168,564,321 |
|
$ |
172,748,118 |
The foregoing appropriation item 055-405, Law-Related
Education, shall be distributed directly to the Ohio Center for
Law-Related Education for the purposes of providing continuing
citizenship education activities to primary and secondary
students
and accessing additional public and private money for
new
programs.
WORKERS' COMPENSATION SECTION
The Workers' Compensation Section Fund (Fund 195) shall
receive payments from the Bureau of Workers' Compensation and the
Ohio Industrial Commission at the beginning of each quarter of
each fiscal year to fund legal services to be provided to the
Bureau of Workers' Compensation and the Ohio Industrial
Commission
during the ensuing quarter. Such advance payment
shall be subject
to adjustment.
In addition, the Bureau of Workers' Compensation shall
transfer
payments at the beginning of each quarter for the support
of the
Workers' Compensation Fraud Unit.
All amounts shall be mutually agreed upon by the Attorney
General, the Bureau of Workers' Compensation, and the Ohio
Industrial Commission.
CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION
The foregoing appropriation item 055-636, Corrupt Activity
Investigation and Prosecution, shall be used as provided by
division (D)(2) of
section 2923.35 of the Revised Code to dispose
of the proceeds, fines, and
penalties credited to the Corrupt
Activity Investigation and Prosecution Fund,
which is created in
division (D)(1)(b) of section 2923.35 of the Revised
Code. If it
is determined that additional amounts are
necessary, the amounts
are hereby appropriated.
COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE
In fiscal years 2004 and 2005, the Attorney General's Office
may
request the Director of Budget and Management to transfer
appropriation authority from appropriation item 055-321, Operating
Expenses, to
appropriation item
055-406, Community Police Match
and Law
Enforcement Assistance.
The Director of Budget and
Management
shall then transfer
appropriation authority from
appropriation
item 055-321, Operating
Expenses, to appropriation
item 055-406,
Community Police Match
and Law Enforcement
Assistance. Moneys
transferred to
appropriation item 055-406, Community Police Match and Law Enforcement Assistance,
shall be used to pay
operating expenses
and to provide grants to
local law enforcement
agencies and
communities for the purpose of
supporting law
enforcement-related
activities.
Section 21. AUD AUDITOR OF STATE
GRF |
070-321 |
|
Operating Expenses |
|
$ |
31,680,782 |
|
$ |
33,264,821 |
GRF |
070-403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
839,141 |
|
$ |
881,098 |
GRF |
070-405 |
|
Electronic Data Processing - Auditing and Administration |
|
$ |
990,602 |
|
$ |
1,040,132 |
GRF |
070-406 |
|
Uniform Accounting Network/Technology Improvements Fund |
|
$ |
1,548,773 |
|
$ |
1,626,212 |
TOTAL GRF General Revenue Fund |
|
$ |
35,059,298 |
|
$ |
36,812,263 |
General Services Fund Group
109 |
070-601 |
|
Public Audit Expense - Intra-State |
|
$ |
10,592,547 |
|
$ |
11,651,800 |
422 |
070-601 |
|
Public Audit Expense - Local Government |
|
$ |
37,617,072 |
|
$ |
39,497,925 |
584 |
070-603 |
|
Training Program |
|
$ |
124,999 |
|
$ |
131,250 |
675 |
070-605 |
|
Uniform Accounting Network |
|
$ |
3,015,760 |
|
$ |
3,317,336 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
51,350,378 |
|
$ |
54,598,311 |
Holding Account Redistribution Fund Group
R06 |
070-604 |
|
Continuous Receipts |
|
$ |
50,000 |
|
$ |
60,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
50,000 |
|
$ |
60,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
86,459,676 |
|
$ |
91,470,574 |
FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE
The foregoing appropriation item 070-403, Fiscal
Watch/Emergency Technical Assistance, shall be used for all
expenses incurred by the Office of the Auditor of State in its
role relating to fiscal watch or fiscal emergency activities under
Chapters 118. and 3316. of the Revised Code. Expenses
include, but are not be limited to, the following: duties
related to the determination or termination of fiscal watch or
fiscal emergency of municipal corporations, counties, or townships
as outlined in Chapter 118. of the Revised Code and of school
districts as outlined in Chapter 3316. of the Revised Code;
development of preliminary accounting reports; performance of
annual forecasts; provision of performance audits; and
supervisory, accounting, or auditing services for the mentioned
public entities and school districts. The unencumbered balance of
appropriation item 070-403, Fiscal Watch/Emergency
Technical Assistance, at the end of fiscal year 2004 is
transferred to fiscal year 2005 for use under the same
appropriation item.
ELECTRONIC DATA PROCESSING
The unencumbered balance of appropriation item 070-405,
Electronic Data Processing - Auditing and Administration, at the
end
of fiscal year 2004 is transferred to fiscal year 2005
for
use
under the same appropriation item.
UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND
The foregoing appropriation item 070-406, Uniform
Accounting
Network/Technology Improvements Fund, shall be used to pay the
costs
of
developing and implementing the Uniform
Accounting
Network and
technology improvements for the Office of the Auditor
of State.
The unencumbered balance of the appropriation at
the
end of
fiscal year 2004 is transferred to fiscal year
2005 to pay
the costs of developing and implementing the
Uniform
Accounting Network and technology improvements for the
Office of
the Auditor of State.
Section 22. BRB BOARD OF BARBER EXAMINERS
General Services Fund Group
4K9 |
877-609 |
|
Operating Expenses |
|
$ |
535,853 |
|
$ |
555,037 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
535,853 |
|
$ |
555,037 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
535,853 |
|
$ |
555,037 |
Section 23. OBM OFFICE OF BUDGET AND MANAGEMENT
GRF |
042-321 |
|
Budget Development and Implementation |
|
$ |
3,092,469 |
|
$ |
2,405,243 |
GRF |
042-401 |
|
Office of Quality Services |
|
$ |
510,306 |
|
$ |
525,615 |
GRF |
042-409 |
|
Commission Closures |
|
$ |
95,000 |
|
$ |
0 |
GRF |
042-410 |
|
National Association Dues |
|
$ |
27,089 |
|
$ |
27,902 |
GRF |
042-412 |
|
Audit of Auditor of State |
|
$ |
49,450 |
|
$ |
51,000 |
TOTAL GRF General Revenue Fund |
|
$ |
3,774,314 |
|
$ |
3,009,760 |
General Services Fund Group
105 |
042-603 |
|
State Accounting |
|
$ |
9,131,651 |
|
$ |
9,375,862 |
4C1 |
042-601 |
|
Quality Services |
|
$ |
125,000 |
|
$ |
125,000 |
TOTAL GSF General Services Fund Group |
|
$ |
9,256,651 |
|
$ |
9,500,862 |
State Special Revenue Fund Group
5N4 |
042-602 |
|
OAKS Project Implementation |
|
$ |
2,062,875 |
|
$ |
2,069,125 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
2,062,875 |
|
$ |
2,069,125 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
15,093,840 |
|
$ |
14,579,747 |
OFFICE OF QUALITY SERVICES
A portion of the foregoing appropriation item 042-401, Office
of Quality
Services, may be used to provide financial sponsorship
support for conferences
and showcases that promote quality
improvement efforts. These expenditures are
not subject to
Chapter
125. of the Revised Code.
The Office of Quality Services may bill for the cost of training and other quality-related services provided by the Office of Quality Services to other governmental agencies. Such revenue shall be deposited into the Quality Services Academy Fund.
The Office of Quality Services may cosponsor Ohio's Quality
Showcase. The
office may
grant funds to other sponsoring entities
for the purpose of conducting this
event, provided that the
grants
are used exclusively for the direct expenses
of the event.
Any state agency, at the discretion and with the approval of
the director or
other executive authority of the agency, may
provide financial or in-kind
support for Ohio's Quality Showcase
cosponsored by the Office of Quality
Services. Any financial
contribution made by an agency shall not exceed
$5,000 annually.
Of the foregoing appropriation item 042-603, State
Accounting, not more than $400,000 in fiscal year 2004 and
$415,000
in fiscal year 2005 shall be used to pay for centralized
audit
costs associated with either Single Audit Schedules or
financial statements prepared in conformance with generally
accepted accounting principles for the state.
Section 24. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
GRF |
874-321 |
|
Operating Expenses |
|
$ |
2,553,662 |
|
$ |
2,534,329 |
TOTAL GRF General Revenue Fund |
|
$ |
2,553,662 |
|
$ |
2,534,329 |
General Services Fund Group
4G5 |
874-603 |
|
Capitol Square
Maintenance Expenses |
|
$ |
15,000 |
|
$ |
15,000 |
4S7 |
874-602 |
|
Statehouse Gift Shop/Events |
|
$ |
770,484 |
|
$ |
770,484 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
785,484 |
|
$ |
785,484 |
Underground Parking Garage
208 |
874-601 |
|
Underground Parking Garage Operating |
|
$ |
2,996,801 |
|
$ |
2,959,721 |
TOTAL UPG Underground Parking |
|
|
|
|
|
|
Garage |
|
$ |
2,996,801 |
|
$ |
2,959,721 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,335,947 |
|
$ |
6,279,534 |
Section 25. SCR STATE BOARD OF CAREER COLLEGES AND SCHOOLS
General Services Fund Group
4K9 |
233-601 |
|
Operating Expenses |
|
$ |
404,025 |
|
$ |
431,525 |
TOTAL GSF General Services Fund Group |
|
$ |
404,025 |
|
$ |
431,525 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
404,025 |
|
$ |
431,525 |
Section 26. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD
General Services Fund Group
4K9 |
930-609 |
|
Operating Expenses |
|
$ |
225,000 |
|
$ |
450,000 |
TOTAL GSF General Services Fund Group |
|
$ |
225,000 |
|
$ |
450,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
225,000 |
|
$ |
450,000 |
Notwithstanding any other law to the contrary, upon certification by the Director of Administrative Services, the Director of Budget and Management may transfer cash in an amount not to exceed the fiscal year 2004 appropriation from Fund 5P1 (Credentialing Fund) to Fund 4K9 (Occupational Licensing). The amount transferred is hereby appropriated. The cash shall be used to pay expenses related to establishing the Chemical Dependency Professionals Board, including, but not limited to, travel reimbursement of board members.
Upon completion of the transition of the Department of Alcohol and Drug Addiction's certificates and credentials issuance program to the Chemical Dependency Professionals Board, the Director of Alcohol and Drug Addiction Services shall certify to the Director of Budget and Management the remaining cash in Fund 5P1 (Credentialing Fund). The Director of Budget and Management shall transfer the certified balance from Fund 5P1 to Fund 4K9 (Occupational Licensing). This transition shall be completed in accordance with Section 5 of Am. Sub. H.B. 496 of the 124th General Assembly.
Section 27. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS
General Services Fund Group
4K9 |
878-609 |
|
Operating Expenses |
|
$ |
591,724 |
|
$ |
591,724 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
591,724 |
|
$ |
591,724 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
591,724 |
|
$ |
591,724 |
CHIROPRACTIC LICENSE EXAMINATION REQUIREMENTS
If the State Chiropractic Board refused to issue a
license to
practice chiropractic to an individual solely because
the
individual did not meet the examination requirements of
division
(B)(4)(b) or (c) of section 4734.20 of the Revised Code,
as
specified on and after the effective date of Am. Sub. H.B. 506
of
the 123rd General Assembly but before the effective date of
this
section, the Board shall reconsider the application and issue
or
refuse to issue a license according to the examination
requirements specified in division (B)(4)(b) or (c) of section
4734.20 of the Revised Code, as amended by this act.
Section 28. CIV OHIO CIVIL RIGHTS COMMISSION
GRF |
876-100 |
|
Personal Services |
|
$ |
7,188,198 |
|
$ |
7,188,198 |
GRF |
876-200 |
|
Maintenance |
|
$ |
822,131 |
|
$ |
822,131 |
GRF |
876-300 |
|
Equipment |
|
$ |
92,668 |
|
$ |
92,668 |
TOTAL GRF General Revenue Fund |
|
$ |
8,102,997 |
|
$ |
8,102,997 |
Federal Special Revenue Fund Group
334 |
876-601 |
|
Federal Programs |
|
$ |
3,965,000 |
|
$ |
3,790,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,965,000 |
|
$ |
3,790,000 |
State Special Revenue Fund Group
217 |
876-604 |
|
General Reimbursement |
|
$ |
20,951 |
|
$ |
20,951 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
20,951 |
|
$ |
20,951 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
12,088,948 |
|
$ |
11,913,948 |
Section 29. COM DEPARTMENT OF COMMERCE
GRF |
800-402 |
|
Grants-Volunteer Fire Departments |
|
$ |
615,556 |
|
$ |
600,167 |
GRF |
800-410 |
|
Labor and Worker Safety |
|
$ |
3,300,040 |
|
$ |
3,300,040 |
Total GRF General Revenue Fund |
|
$ |
3,915,596 |
|
$ |
3,900,207 |
General Services Fund Group
163 |
800-620 |
|
Division of Administration |
|
$ |
3,385,803 |
|
$ |
3,490,056 |
163 |
800-637 |
|
Information Technology |
|
$ |
4,982,851 |
|
$ |
5,001,315 |
5F1 |
800-635 |
|
Small Government Fire Departments |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
8,618,654 |
|
$ |
8,741,371 |
Federal Special Revenue Fund Group
348 |
800-622 |
|
Underground Storage Tanks |
|
$ |
195,008 |
|
$ |
195,008 |
348 |
800-624 |
|
Leaking Underground Storage Tanks |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
349 |
800-626 |
|
OSHA Enforcement |
|
$ |
1,527,750 |
|
$ |
1,604,140 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,572,758 |
|
$ |
3,649,148 |
State Special Revenue Fund Group
4B2 |
800-631 |
|
Real Estate Appraisal Recovery |
|
$ |
60,000 |
|
$ |
60,000 |
4H9 |
800-608 |
|
Cemeteries |
|
$ |
273,465 |
|
$ |
273,465 |
4L5 |
800-609 |
|
Fireworks Training and Education |
|
$ |
10,976 |
|
$ |
10,976 |
4X2 |
800-619 |
|
Financial Institutions |
|
$ |
1,760,798 |
|
$ |
1,940,843 |
5B9 |
800-632 |
|
PI
& Security Guard Provider |
|
$ |
1,188,716 |
|
$ |
1,188,716 |
5K7 |
800-621 |
|
Penalty Enforcement |
|
$ |
50,000 |
|
$ |
50,000 |
5V5 |
800-638 |
|
Prevailing Wage |
|
$ |
400,000 |
|
$ |
425,000 |
543 |
800-602 |
|
Unclaimed Funds-Operating |
|
$ |
7,051,051 |
|
$ |
7,051,051 |
543 |
800-625 |
|
Unclaimed Funds-Claims |
|
$ |
25,512,867 |
|
$ |
25,512,867 |
544 |
800-612 |
|
Banks |
|
$ |
6,657,997 |
|
$ |
6,657,997 |
545 |
800-613 |
|
Savings Institutions |
|
$ |
2,765,618 |
|
$ |
2,894,330 |
546 |
800-610 |
|
Fire Marshal |
|
$ |
11,723,994 |
|
$ |
11,787,994 |
547 |
800-603 |
|
Real Estate Education/Research |
|
$ |
250,000 |
|
$ |
250,000 |
548 |
800-611 |
|
Real Estate Recovery |
|
$ |
100,000 |
|
$ |
100,000 |
549 |
800-614 |
|
Real Estate |
|
$ |
3,586,754 |
|
$ |
3,705,892 |
550 |
800-617 |
|
Securities |
|
$ |
4,600,000 |
|
$ |
4,800,000 |
552 |
800-604 |
|
Credit Union |
|
$ |
2,613,356 |
|
$ |
2,751,852 |
553 |
800-607 |
|
Consumer Finance |
|
$ |
3,194,787 |
|
$ |
3,228,019 |
556 |
800-615 |
|
Industrial Compliance |
|
$ |
24,627,687 |
|
$ |
25,037,257 |
6A4 |
800-630 |
|
Real Estate Appraiser-Operating |
|
$ |
658,506 |
|
$ |
664,006 |
653 |
800-629 |
|
UST Registration/Permit Fee |
|
$ |
1,353,632 |
|
$ |
1,249,632 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
98,440,204 |
|
$ |
99,639,897 |
Liquor Control Fund Group
043 |
800-601 |
|
Merchandising |
|
$ |
341,079,554 |
|
$ |
353,892,432 |
043 |
800-627 |
|
Liquor Control Operating |
|
$ |
15,278,936 |
|
$ |
14,012,955 |
043 |
800-633 |
|
Economic Development Debt Service |
|
$ |
23,277,500 |
|
$ |
29,029,500 |
043 |
800-636 |
|
Revitalization Debt Service |
|
$ |
4,747,800 |
|
$ |
9,736,300 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
384,383,790 |
|
$ |
406,671,187 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
498,931,002 |
|
$ |
522,601,810 |
GRANTS-VOLUNTEER FIRE DEPARTMENTS
The foregoing appropriation item 800-402, Grants-Volunteer
Fire Departments, shall be used to make annual grants to volunteer
fire departments of up to $10,000, or up to $25,000 if
the
volunteer fire department provides service for an area
affected by
a natural
disaster. The grant program
shall be
administered
by
the Fire Marshal under the Department of
Commerce. The Fire
Marshal shall adopt rules necessary for the
administration and
operation of the grant program.
The Department of Commerce may designate a portion of
appropriation item 800-410, Labor and Worker
Safety, to be used to
match federal funding for the OSHA on-site
consultation program.
SMALL GOVERNMENT FIRE DEPARTMENTS
Upon the request of the Director of Commerce, the Director of
Budget and
Management shall transfer $250,000 cash in each fiscal
year from the State Fire Marshal Fund (Fund 546) within the
State
Special Revenue Fund
Group to the Small Government Fire
Departments Fund (Fund 5F1) within the
General Services Fund
Group.
Notwithstanding section 3737.17 of the Revised Code, the
foregoing
appropriation item 800-635, Small Government Fire
Departments, may be used
to provide loans to private fire
departments.
The foregoing appropriation item 800-621, Penalty
Enforcement,
shall be used to enforce sections 4115.03 to 4115.16
of the
Revised Code.
The foregoing appropriation item 800-625, Unclaimed
Funds-Claims, shall be used to pay claims pursuant to section
169.08 of the Revised Code. If it is determined that additional
amounts are necessary, the amounts are hereby appropriated.
INCREASED APPROPRIATION AUTHORITY - MERCHANDISING
The foregoing appropriation item 800-601, Merchandising, shall be used pursuant to section 4301.12 of the Revised Code. If it is determined that additional amounts are nessary, the amounts are hereby appropriated.
ECONOMIC DEVELOPMENT DEBT SERVICE
The foregoing appropriation item 800-633, Economic Development
Debt Service, shall be used to meet all payments at the
times they are required to be made during the period from July 1,
2003, to June 30, 2005, for bond service charges on obligations
issued under Chapter 166. of the Revised Code. If it is determined that
additional appropriations are necessary for this purpose, such
amounts are hereby appropriated, subject to the limitations set forth in section 166.11 of the Revised Code. The
General Assembly acknowledges that an appropriation for this
purpose is not required, but is made in this form and in this act for record purposes only.
REVITALIZATION DEBT SERVICE
The foregoing appropriation item 800-636, Revitalization Debt
Service, shall be used to pay debt service and related financing
costs under sections 151.01 and 151.40 of the Revised Code during the period from July 1, 2003, to June 30, 2005. If it is determined that additional appropriations
are necessary for this purpose, such amounts are hereby
appropriated.
The
General Assembly acknowledges the priority
of the pledge
of a
portion of receipts from that source to
obligations issued
and to
be issued under Chapter
166. of
the Revised Code.
ADMINISTRATIVE ASSESSMENTS
Notwithstanding any other provision of law to the contrary,
Fund 163, Division of Administration, shall receive assessments from all
operating
funds of the department in accordance with procedures
prescribed by the
Director of Commerce and approved by the
Director of Budget and Management.
Section 30. OCC OFFICE OF CONSUMERS' COUNSEL
General Services Fund Group
5F5 |
053-601 |
|
Operating Expenses |
|
$ |
8,401,478 |
|
$ |
8,394,316 |
TOTAL GSF General Services Fund Group |
|
$ |
8,401,478 |
|
$ |
8,394,316 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,401,478 |
|
$ |
8,394,316 |
Section 31. CEB CONTROLLING BOARD
GRF |
911-401 |
|
Emergency Purposes/Contingencies |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
GRF |
911-404 |
|
Mandate Assistance |
|
$ |
1,462,500 |
|
$ |
1,462,500 |
GRF |
911-416 |
|
Educational Technology |
|
$ |
0 |
|
$ |
23,000,000 |
GRF |
911-441 |
|
Ballot Advertising Costs |
|
$ |
487,500 |
|
$ |
487,500 |
TOTAL GRF General Revenue Fund |
|
$ |
6,950,000 |
|
$ |
29,950,000 |
State Special Revenue Fund Group
5E2 |
911-601 |
|
Disaster Services |
|
$ |
4,000,000 |
|
$ |
0 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
4,000,000 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,950,000 |
|
$ |
29,950,000 |
In transferring appropriations to or from appropriation
items
that have federal shares identified in
this act, the
Controlling
Board shall add or
subtract corresponding amounts of federal
matching funds at the
percentages indicated by the state and
federal division of the
appropriations in
this act.
Such
changes
are hereby appropriated.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from the
Emergency Purposes Fund to a Department of Public Safety General
Revenue Fund appropriation item to provide funding for assistance
to political subdivisions made necessary by natural disasters or
emergencies. Such transfers may be requested and approved prior to
the occurrence of any specific natural disasters or emergencies in
order to facilitate the provision of timely assistance.
SOUTHERN OHIO CORRECTIONAL FACILITY COST
The Office of Criminal Justice Services and the Public
Defender Commission may each request, upon approval of the
Director of Budget and Management, additional funds from the
Emergency Purposes Fund for costs related to the disturbance that
occurred on April 11, 1993, at the Southern Ohio Correctional
Facility in Lucasville, Ohio.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from the
foregoing appropriation item 911-601, Disaster Services, to a
Department of Public Safety General Revenue Fund appropriation
item to provide for assistance to political subdivisions made
necessary by natural disasters or emergencies. These transfers
may be requested and approved prior to the occurrence of any
specific natural disasters or emergencies in order to facilitate
the provision of timely assistance. The Emergency Management
Agency of the Department of Public Safety shall use the funding
for disaster aid requests that meet the Emergency Management
Agency's criteria for assistance.
The foregoing appropriation item 911-601, Disaster Services,
shall be used by
the Controlling Board, pursuant to requests
submitted by state
agencies, to transfer cash and appropriation
authority to any
fund and appropriation item for
the payment of
state agency
program
expenses as follows:
(A) The southern Ohio flooding,
referred to as
FEMA-DR-1164-OH;
(B) The
flood/storm disaster referred
to as FEMA-DR-1227-OH;
(C) The Southern Ohio flooding, referred to as
FEMA-DR-1321-OH;
(D) The flooding referred to as FEMA-DR-1339-OH;
(E) The tornado/storms referred to as FEMA-DR-1343-OH;
(F) Other disasters declared by the Governor, if the
Director of
Budget and Management
determines that
sufficient funds
exist beyond the expected
program costs of these
disasters.
The unencumbered balance of appropriation item 911-601, Disaster Services, at the end of fiscal year 2004 is transferred to fiscal year 2005 for use under the same appropriation item.
(A) The foregoing appropriation item 911-404, Mandate
Assistance, shall be used to provide financial assistance to
local
units of government, school districts, and fire
departments for
the cost of the following three unfunded state
mandates:
(1) The cost to county prosecutors for prosecuting certain
felonies that occur on the grounds of state institutions
operated
by the Department of Rehabilitation and Correction and
the
Department of Youth Services;
(2) The cost, primarily to small villages and townships, of
providing firefighter training and equipment or gear;
(3) The cost to school districts of in-service training for
child abuse detection.
(B) The Department of Commerce, the Office of Criminal
Justice Services, and the Department of Education may prepare
and
submit to the Controlling Board one or more requests to
transfer
appropriations from appropriation item 911-404, Mandate
Assistance.
The
state
agencies charged with this administrative
responsibility are
listed below, as well as the estimated annual
amounts that may be used for each
program
of state financial
assistance.
|
|
ADMINISTERING |
|
ESTIMATED ANNUAL |
PROGRAM |
|
AGENCY |
|
AMOUNT |
Prosecution Costs |
|
Office of Criminal |
|
$146,500 |
|
|
Justice Services |
|
|
Firefighter Training Costs |
|
Department of Commerce |
|
$731,000 |
Child Abuse Detection Training Costs |
|
Department of Education |
|
$585,000 |
(C) Subject to the total amount appropriated in each fiscal
year
for appropriation item 911-404, Mandate Assistance, the
Department of Commerce, the Office of Criminal Justice Services,
and the Department of Education may request from the Controlling
Board that
amounts
smaller or larger than these estimated annual
amounts be
transferred to each program.
(D) In addition to making the initial transfers requested by
the
Department of Commerce, the Office of Criminal Justice
Services, and the Department of Education, the Controlling Board
may transfer appropriations received by a state
agency
under this
section back to appropriation item 911-404, Mandate
Assistance, or
to one or more of the other programs of state
financial assistance
identified under this section.
(E) It is expected that not all costs incurred by local
units of
government, school districts, and fire departments under
each of
the three programs of state financial assistance
identified under
this section will be fully reimbursed by the
state. Reimbursement levels may
vary by program and shall be
based on:
the relationship between the appropriation transfers
requested
by the Department of Commerce, the Office of Criminal
Justice Services, and the Department of Education and provided by
the Controlling Board
for each
of the programs; the rules and
procedures established for
each
program by the administering state
agency;
and the actual costs incurred by local units of
government, school
districts, and fire departments.
(F) Each of these programs of state financial assistance
shall be
carried out as follows:
(a) Appropriations may be transferred to the Office of
Criminal
Justice Services to cover local prosecution costs for
aggravated
murder, murder, felonies of the first degree, and
felonies of
the second degree that occur on the grounds of
institutions
operated by the Department of Rehabilitation and
Correction and
the Department of Youth Services.
(b) Upon a delinquency filing in juvenile court or the
return of
an indictment for aggravated murder, murder, or any
felony of
the first or second degree that was committed at a
Department of
Youth Services or a Department of Rehabilitation and
Correction
institution, the affected county may, in accordance
with rules
that the Office of Criminal Justice Services shall
adopt, apply to the Office
of Criminal Justice Services for a
grant to
cover all documented costs that are incurred by the
county
prosecutor's office.
(c) Twice each year, the Office of Criminal Justice Services
shall designate
counties to
receive grants from those counties
that have submitted one or
more applications in compliance with
the rules that have been
adopted by the Office of Criminal Justice
Services for the receipt of such
grants. In each
year's first
round of grant awards, if sufficient
appropriations have been
made, up to a total of $100,000
may be awarded. In each year's
second round of grant
awards, the remaining appropriations
available for this purpose
may be awarded.
(d) If for a given round of grants there are insufficient
appropriations to make grant awards to all the eligible
counties,
the first priority shall be given to counties with
cases involving
aggravated murder and murder; second priority
shall be given to
cases involving a felony of the first
degree; and third priority
shall be given to cases involving a
felony of the second degree.
Within these priorities, the grant
awards shall be based on the
order in which the applications
were received, except that
applications for cases involving a
felony of the first or second
degree shall not be considered in
more than two consecutive rounds
of grant awards.
(2) FIREFIGHTER TRAINING COSTS
Appropriations may be transferred to the Department of
Commerce
for use as full or partial reimbursement to local units
of
government and fire departments for the cost of firefighter
training and equipment or gear. In accordance with rules that
the
department shall adopt, a local unit of government or fire
department may apply to the department for a grant to cover all
documented costs that are incurred to provide firefighter
training
and equipment or gear. The department shall make grants
within
the limits of the funding provided, with priority given
to fire
departments that serve small villages and townships.
(3) CHILD ABUSE DETECTION TRAINING COSTS
Appropriations may be transferred to the Department of
Education
for disbursement to local school districts as full or
partial
reimbursement for the cost of providing in-service
training for
child abuse detection. In accordance with rules that
the
department shall adopt, a local school district may apply to
the
department for a grant to cover all documented costs that are
incurred to provide in-service training for child abuse
detection.
The department shall make grants within the limits of
the funding
provided.
(G) Any moneys allocated within appropriation item 911-404,
Mandate Assistance, not fully utilized may, upon application
of
the Ohio Public Defender Commission, and with the approval
of the
Controlling
Board, be disbursed to boards of
county
commissioners
to provide additional reimbursement for the costs incurred by counties in providing defense to indigent defendants pursuant to Chapter 120. of the Revised Code.
The
amount to be disbursed to each
county shall be allocated
proportionately on the basis of the total amount of reimbursement paid to each county as a percentage of the amount of reimbursement paid to all of the counties during the most recent state fiscal year for which data is available and as calculated by the Ohio Public Defender Commission.
Of the foregoing appropriation item 911-416, Educational Technology, up to $23,000,000 in fiscal year 2005 may be transferred by the Director of Budget and Management to the Ohio Department of Education based on the Ohio Technology Integration Task Force Plan pursuant to the section entitled "Ohio Technology Integration Task Force" of this act.
Pursuant to requests submitted by the Ohio Ballot Board, the
Controlling Board
shall approve transfers from the foregoing
appropriation item 911-441, Ballot
Advertising Costs, to an Ohio
Ballot Board appropriation item in order to reimburse
county
boards of
elections for the cost of public notices associated with
statewide
ballot initiatives.
Of the foregoing appropriation item 911-441, Ballot
Advertising Costs, the
Director of Budget and Management shall
transfer any amounts that are not
needed for the purpose of
reimbursing county boards of elections for the cost
of public
notices associated with statewide ballot initiatives to
appropriation item 911-404, Mandate Assistance.
Section 32. COS STATE BOARD OF COSMETOLOGY
General Services Fund Group
4K9 |
879-609 |
|
Operating Expenses |
|
$ |
2,681,359 |
|
$ |
2,822,359 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
2,681,359 |
|
$ |
2,822,359 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,681,359 |
|
$ |
2,822,359 |
Section 33. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND FAMILY THERAPIST BOARD
General Services Fund Group
4K9 |
899-609 |
|
Operating Expenses |
|
$ |
1,021,524 |
|
$ |
1,044,812 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,021,524 |
|
$ |
1,044,812 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,021,524 |
|
$ |
1,044,812 |
Section 34. CLA COURT OF CLAIMS
GRF |
015-321 |
|
Operating Expenses |
|
$ |
3,255,597 |
|
$ |
3,374,404 |
TOTAL GRF General Revenue Fund |
|
$ |
3,255,597 |
|
$ |
3,374,404 |
State Special Revenue Fund Group
5K2 |
015-603 |
|
CLA Victims of Crime |
|
$ |
1,532,043 |
|
$ |
1,582,684 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,532,043 |
|
$ |
1,582,684 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,787,640 |
|
$ |
4,957,088 |
Section 35. CJS OFFICE OF CRIMINAL JUSTICE SERVICES
GRF |
196-401 |
|
Criminal Justice Information System |
|
$ |
534,570 |
|
$ |
520,503 |
GRF |
196-403 |
|
Center for Violence Prevention |
|
$ |
169,177 |
|
$ |
167,904 |
GRF |
196-405 |
|
Violence Prevention Subsidy |
|
$ |
707,076 |
|
$ |
688,469 |
GRF |
196-424 |
|
Operating Expenses |
|
$ |
1,581,371 |
|
$ |
1,577,971 |
TOTAL GRF General Revenue Fund |
|
$ |
2,992,194 |
|
$ |
2,954,847 |
General Services Fund Group
4P6 |
196-601 |
|
General Services |
|
$ |
135,450 |
|
$ |
86,500 |
TOTAL GSF General Services Fund Group |
|
$ |
135,450 |
|
$ |
86,500 |
Federal Special Revenue Fund Group
3L5 |
196-604 |
|
Justice Programs |
|
$ |
30,334,908 |
|
$ |
30,311,870 |
3U1 |
196-602 |
|
Criminal Justice Federal Programs |
|
$ |
1,000,000 |
|
$ |
0 |
3V8 |
196-605 |
|
Federal Program Purposes FFY 01 |
|
$ |
250,000 |
|
$ |
0 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
31,584,908 |
|
$ |
30,311,890 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
34,712,552 |
|
$ |
33,353,237 |
The Office of Criminal Justice Services shall
make all
efforts to maximize the amount of funding available for
the
defense of indigent persons.
CRIMINAL JUSTICE INFORMATION SYSTEM
The foregoing appropriation item 196-401, Criminal Justice
Information System,
shall be used by the Office of Criminal
Justice Services to work on a
plan to improve Ohio's criminal
justice information systems. The Director of
Criminal Justice
Services shall evaluate the progress of this
plan and issue a
report to the Governor, the Speaker and the Minority Leader
of the
House of
Representatives, the President and the Minority Leader of
the Senate, the
Criminal Justice Policy
Board, and the Legislative
Service Commission
by the first
day of January of each year of the
two-year biennium beginning
July 1, 2003, and ending June 30,
2005.
Of the foregoing appropriation item 196-424, Operating
Expenses, up to $650,000 in each fiscal year shall be used for the purpose of matching federal
funds.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
The foregoing appropriation item 196-602, Criminal Justice Federal
Programs, shall be used to fund and close out the Juvenile
Accountability Incentive Block Grant Program for federal fiscal
year 1999.
Section 36. DEN STATE DENTAL BOARD
General Services Fund Group
4K9 |
880-609 |
|
Operating Expenses |
|
$ |
1,324,456 |
|
$ |
1,346,656 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,324,456 |
|
$ |
1,346,656 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,324,456 |
|
$ |
1,346,656 |
Section 37. BDP BOARD OF DEPOSIT
General Services Fund Group
4M2 |
974-601 |
|
Board of Deposit |
|
$ |
838,000 |
|
$ |
838,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
838,000 |
|
$ |
838,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
838,000 |
|
$ |
838,000 |
BOARD OF DEPOSIT EXPENSE FUND
Upon receiving certification of
expenses from the Treasurer
of State, the Director of Budget and Management
shall transfer
cash from the Investment Earnings Redistribution Fund (Fund 608)
to
the Board of Deposit Expense Fund (Fund 4M2).
The latter fund
shall
be used to pay for banking charges and
fees required for the
operation of the State of Ohio Regular Account.
Section 38. DEV DEPARTMENT OF DEVELOPMENT
GRF |
195-321 |
|
Operating Expenses |
|
$ |
2,695,236 |
|
$ |
3,020,115 |
GRF |
195-401 |
|
Thomas Edison Program |
|
$ |
18,256,392 |
|
$ |
18,774,084 |
GRF |
195-404 |
|
Small Business Development |
|
$ |
1,740,722 |
|
$ |
1,740,722 |
GRF |
195-405 |
|
Minority Business Development Division |
|
$ |
1,620,755 |
|
$ |
1,669,378 |
GRF |
195-407 |
|
Travel and Tourism |
|
$ |
4,549,345 |
|
$ |
4,549,345 |
GRF |
195-408 |
|
Coal Research Development |
|
$ |
588,041 |
|
$ |
599,802 |
GRF |
195-412 |
|
Business Development Grants |
|
$ |
9,796,082 |
|
$ |
10,775,690 |
GRF |
195-414 |
|
First Frontier Match |
|
$ |
399,987 |
|
$ |
399,987 |
GRF |
195-415 |
|
Economic Development Division and Regional Offices |
|
$ |
6,814,283 |
|
$ |
6,645,589 |
GRF |
195-416 |
|
Governor's Office of Appalachia |
|
$ |
4,634,434 |
|
$ |
4,918,967 |
GRF |
195-417 |
|
Urban/Rural Initiative |
|
$ |
589,390 |
|
$ |
589,390 |
GRF |
195-422 |
|
Third Frontier Action Fund |
|
$ |
19,169,000 |
|
$ |
20,685,900 |
GRF |
195-426 |
|
Clean Ohio Administration |
|
$ |
558,632 |
|
$ |
586,563 |
GRF |
195-432 |
|
International Trade |
|
$ |
5,236,353 |
|
$ |
5,236,353 |
GRF |
195-433 |
|
State Marketing Program |
|
$ |
750,000 |
|
$ |
1,000,000 |
GRF |
195-434 |
|
Investment in Training Grants |
|
$ |
13,450,250 |
|
$ |
14,795,275 |
GRF |
195-436 |
|
Labor/Management Cooperation |
|
$ |
811,869 |
|
$ |
811,869 |
GRF |
195-497 |
|
CDBG Operating Match |
|
$ |
1,107,400 |
|
$ |
1,107,400 |
GRF |
195-498 |
|
State Energy Match |
|
$ |
100,000 |
|
$ |
100,000 |
GRF |
195-501 |
|
Appalachian Local Development Districts |
|
$ |
380,080 |
|
$ |
380,080 |
GRF |
195-502 |
|
Appalachian Regional Commission Dues |
|
$ |
238,274 |
|
$ |
246,803 |
GRF |
195-507 |
|
Travel
and Tourism Grants |
|
$ |
840,000 |
|
$ |
840,000 |
GRF |
195-515 |
|
Economic Development Contingency |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
GRF |
195-905 |
|
Third Frontier Research & Commercialization General Obligation Debt Service |
|
$ |
0 |
|
$ |
7,360,000 |
GRF |
195-906 |
|
Coal Research and Development General Obligation Debt Service |
|
$ |
7,231,200 |
|
$ |
9,185,100 |
TOTAL GRF General Revenue Fund |
|
$ |
111,557,725 |
|
$ |
126,018,412 |
General Services Fund Group
135 |
195-605 |
|
Supportive Services |
|
$ |
7,417,068 |
|
$ |
7,539,686 |
136 |
195-621 |
|
International Trade |
|
$ |
24,915 |
|
$ |
24,915 |
685 |
195-636 |
|
General Reimbursements |
|
$ |
1,316,012 |
|
$ |
1,232,530 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
8,757,995 |
|
$ |
8,797,131 |
Federal Special Revenue Fund Group
3K8 |
195-613 |
|
Community Development Block Grant |
|
$ |
65,000,000 |
|
$ |
65,000,000 |
3K9 |
195-611 |
|
Home Energy Assistance Block Grant |
|
$ |
85,036,000 |
|
$ |
85,036,000 |
3K9 |
195-614 |
|
HEAP Weatherization |
|
$ |
16,219,479 |
|
$ |
16,219,479 |
3L0 |
195-612 |
|
Community Services Block Grant |
|
$ |
25,235,000 |
|
$ |
25,235,000 |
3V1 |
195-601 |
|
HOME Program |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
308 |
195-602 |
|
Appalachian Regional Commission |
|
$ |
350,200 |
|
$ |
350,200 |
308 |
195-603 |
|
Housing and Urban Development |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
308 |
195-605 |
|
Federal Projects |
|
$ |
15,300,248 |
|
$ |
15,300,248 |
308 |
195-609 |
|
Small Business Administration |
|
$ |
4,196,381 |
|
$ |
4,296,381 |
308 |
195-618 |
|
Energy Federal Grants |
|
$ |
3,397,659 |
|
$ |
3,397,659 |
335 |
195-610 |
|
Oil Overcharge |
|
$ |
8,500,000 |
|
$ |
8,500,000 |
380 |
195-622 |
|
Housing Development Operating |
|
$ |
5,606,080 |
|
$ |
5,667,627 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
273,841,047 |
|
$ |
274,002,594 |
State Special Revenue Fund Group
4F2 |
195-639 |
|
State Special Projects |
|
$ |
540,183 |
|
$ |
290,183 |
4H4 |
195-641 |
|
First Frontier |
|
$ |
500,000 |
|
$ |
500,000 |
4S0 |
195-630 |
|
Enterprise Zone Operating |
|
$ |
211,900 |
|
$ |
211,900 |
4S1 |
195-634 |
|
Job Creation Tax Credit Operating |
|
$ |
375,800 |
|
$ |
375,800 |
4W1 |
195-646 |
|
Minority Business Enterprise Loan |
|
$ |
2,580,597 |
|
$ |
2,580,597 |
444 |
195-607 |
|
Water and Sewer Commission Loans |
|
$ |
523,775 |
|
$ |
523,775 |
445 |
195-617 |
|
Housing Finance Operating |
|
$ |
5,040,843 |
|
$ |
4,983,738 |
450 |
195-624 |
|
Minority Business Bonding Program Administration |
|
$ |
13,563 |
|
$ |
13,563 |
451 |
195-625 |
|
Economic Development Financing Operating |
|
$ |
2,358,310 |
|
$ |
2,358,310 |
5M4 |
195-659 |
|
Universal Service |
|
$ |
170,000,000 |
|
$ |
170,000,000 |
5M5 |
195-660 |
|
Energy Efficiency Revolving Loan |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
611 |
195-631 |
|
Water and Sewer Administration |
|
$ |
15,713 |
|
$ |
15,713 |
617 |
195-654 |
|
Volume Cap Administration |
|
$ |
200,000 |
|
$ |
200,000 |
646 |
195-638 |
|
Low and Moderate Income Housing Trust Fund |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
234,360,684 |
|
$ |
234,053,579 |
Facilities Establishment Fund Group
037 |
195-615 |
|
Facilities Establishment |
|
$ |
63,931,149 |
|
$ |
63,931,149 |
4Z6 |
195-647 |
|
Rural Industrial Park Loan |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5D2 |
195-650 |
|
Urban Redevelopment Loans |
|
$ |
10,475,000 |
|
$ |
10,475,000 |
5H1 |
195-652 |
|
Family Farm Loan Guarantee |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
5S8 |
195-627 |
|
Rural Development Initiative |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5S9 |
195-628 |
|
Capital Access Loan Program |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
TOTAL 037 Facilities |
|
|
|
|
|
|
Establishment Fund Group |
|
$ |
88,906,149 |
|
$ |
88,906,149 |
Clean Ohio Revitalization Fund
003 |
195-663 |
|
Clean Ohio Operating |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL 003 Clean Ohio Revitalization Fund |
|
$ |
150,000 |
|
$ |
150,000 |
Coal Research/Development Fund
046 |
195-632 |
|
Coal Research and Development Fund |
|
$ |
13,168,357 |
|
$ |
13,168,357 |
TOTAL 046 Coal Research/ |
|
|
|
|
|
|
Development Fund |
|
$ |
13,168,357 |
|
$ |
13,168,357 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
730,741,957 |
|
$ |
745,096,222 |
Section 38.01. THOMAS EDISON PROGRAM
The foregoing appropriation item 195-401, Thomas Edison
Program,
shall be used
for the purposes of sections 122.28 to
122.38 of the Revised Code
in order to
provide funds for
cooperative public and private efforts in
technological
innovation
to promote the development and transfer of technology
by and to
Ohio businesses that will lead to the creation of jobs, and to
provide for the
administration of this program by the Technology
Division.
Of the foregoing appropriation item 195-401, Thomas Edison
Program, not more
than $2,000,000 in fiscal year 2004 and
$2,300,000 in fiscal year
2005 shall be used for operating expenditures in administering the programs of the Technology
Division.
Section 38.02. SMALL BUSINESS DEVELOPMENT
The foregoing appropriation item 195-404, Small Business
Development, shall be
used to ensure that the unique needs and
concerns of small
businesses are
addressed.
The foregoing appropriation item 195-404, Small Business Development, may be used to provide grants
to
local
organizations to support the operation of Small Business
Development Centers
and other local economic development activity
promoting small business, and for
the cost of administering the
small business development center program. The centers shall provide technical,
financial, and
management consultation for small business and shall facilitate
access
to state and federal programs. These funds shall be used as
matching
funds for grants from the United States Small Business
Administration and
other federal
agencies, pursuant to Public Law
No. 96-302 (1980) as amended by
Public Law No. 98-395
(1984), and
regulations and policy guidelines for the programs under this law.
In addition, the Office of Small Business may operate the
1st-Stop Business
Connection and implement
and coordinate the duties
imposed on the
Department of Development
by Am. Sub. S.B. 239 of the 115th
General Assembly.
MINORITY BUSINESS DEVELOPMENT DIVISION
Of the foregoing appropriation item 195-405, Minority
Business Development
Division, up to $1,060,000 but not less than $954,000 in each
fiscal year shall be used to fund
minority contractors and
business assistance organizations. The Minority
Business
Development Division shall determine which cities need minority
contractors and business assistance organizations by utilizing
United States Census
Bureau data and zip codes to locate the
highest
concentrations of minority
businesses. The Minority
Business
Development Division also shall determine
the numbers of
minority
contractors and business assistance organizations
necessary and
the amount of funding to be provided each. In
addition, the
Minority Business Development Division shall
continue to plan and
implement
business conferences.
Section 38.03. COAL RESEARCH DEVELOPMENT
The foregoing appropriation item 195-408, Coal Research
Development, shall be
used for the administrative costs of the
Coal Development Office
within the Technology Division.
Section 38.04. BUSINESS DEVELOPMENT
The foregoing appropriation item 195-412, Business
Development Grants, shall be used as an incentive for attracting
and
retaining business opportunities for the state. Any such
business opportunity, whether new, expanding, or relocating in
Ohio, is eligible for funding. The project must create or retain
a significant number of jobs for Ohioans. Grant awards may be
considered only when (1) the project's viability hinges on an
award of funds from appropriation item 195-412, Business Development Grants; (2) all
other public
or private sources of financing have
been considered;
or (3) the
funds act as a catalyst for the
infusion into the
project of
other financing sources.
The department's primary goal shall be to award funds to
political subdivisions of the state for off-site infrastructure
improvements. In order to meet the particular needs of economic
development in a region, the department may elect to award funds
directly to a business for on-site infrastructure
improvements.
"Infrastructure improvements" mean
improvements to water
system
facilities, sewer and sewage
treatment facilities, electric
or gas
service facilities, fiber optic
facilities, rail
facilities, site
preparation, and parking
facilities. The
Director of Development
may recommend the funds be used in an
alternative manner when
deemed appropriate to meet an
extraordinary economic development
opportunity or need.
The foregoing appropriation item 195-412, Business
Development Grants, may be expended only after the submission of a
request to the Controlling Board by the Department of Development
outlining the planned use of the funds, and the subsequent
approval of the request by the Controlling Board.
The foregoing appropriation item 195-412, Business
Development Grants, may be used for, but is not limited to,
construction, rehabilitation, and acquisition projects for rail
freight assistance as requested by the Department of
Transportation. The Director of Transportation shall submit the
proposed projects to the Director of Development for an
evaluation
of potential economic benefit.
Section 38.05. FIRST FRONTIER MATCH
The foregoing appropriation item 195-414, First Frontier
Match,
shall be used
as matching funds to targeted counties for
the purpose of marketing
state, regional, and local
characteristics that may attract economic
development.
"Targeted
counties"
mean counties that have a population of less
than
175,000
residents. The appropriation may be used either
for
marketing
programs by
individual targeted counties or for regional
marketing
campaigns that are
marketing programs in
which at least one
targeted county is participating
with one or
more other targeted
counties or larger counties.
ECONOMIC DEVELOPMENT DIVISION AND REGIONAL OFFICES
The foregoing appropriation item 195-415, Economic
Development Division and Regional Offices, shall be used for the operating
expenses
of the Economic Development Division and the regional
economic
development offices and for grants for cooperative economic
development ventures.
Section 38.06. GOVERNOR'S OFFICE OF APPALACHIA
The foregoing appropriation item 195-416, Governor's
Office
of
Appalachia,
shall be used for the administrative costs of
planning and
liaison activities
for the Governor's Office of
Appalachia. Funds not
expended for planning and liaison
activities may be expended for special project
grants within the
Appalachian Region.
Of the foregoing appropriation item 195-416, Governor's
Office of
Appalachia,
up to $250,000 each fiscal year shall be
used to match
federal funds
from the Appalachian Regional
Commission to provide job
training to impact
the Appalachian
Region.
The foregoing appropriation item 195-417, Urban/Rural
Initiative, shall be
used to make grants in accordance with
sections 122.19 to 122.22 of the Ohio
Revised Code.
Section 38.07. THIRD FRONTIER ACTION FUND
The foregoing appropriation item 195-422, Third Frontier Action Fund, shall be used to make grants in accordance with sections 184.01 and 184.02 of the Revised Code. Prior to the release of funds from appropriation item 195-422, Third Frontier Action Fund, each grant award shall be recommended for funding by the Third Frontier Commission and obtain approval from the Controlling Board.
Of the foregoing appropriation item 195-422, Third Frontier Action Fund, not more than
six per cent in each fiscal year shall be
used
for
operating expenditures in
administering the program.
In addition to the six per cent for operating expenditures,
an additional administrative amount, not to exceed $1,500,000
within the biennium, shall be available for proposal evaluation, research and analyses, and
marketing efforts deemed necessary to receive and disseminate
information about science and technology-related opportunities in the state.
SCIENCE AND TECHNOLOGY COLLABORATION
The Department of Development shall work in close collaboration with the Board of Regents and the Third Frontier Commission in relation to appropriation items and programs listed in the following paragraph, and other technology-related appropriations and programs in the Department of Development and the Board of Regents as those agencies may designate, to ensure implementation of a coherent state strategy with respect to science and technology.
Each of the following appropriations and programs: 195-401, Thomas Edison Program; 195-408, Coal Research Development; 195-422, Third Frontier Action Fund; 195-632, Coal Research and Development Fund; 235-454, Research Challenge; 235-510, Ohio Supercomputer Center; 235-527, Ohio Aerospace Institute; 235-535, Agricultural Research and Development Center; 235-553, Dayton Area Graduate Studies Institute; 235-554, Computer Science Graduate Education; 235-556, Ohio Academic Resources Network; and 195-405, Biomedical Research and Technology Transfer Trust, shall be reviewed annually by the Third Frontier Commission with respect to its development of complementary relationships within a combined state science and technology investment portfolio and its overall contribution to the state's science and technology strategy, including the adoption of appropriately consistent criteria for: (1) the scientific merit of activities supported by the program; (2) the relevance of the program's activities to commercial opportunities in the private sector; (3) the private sector's involvement in a process that continually evaluates commercial opportunities to use the work supported by the program; and (4) the ability of the program and recipients of grant funding from the program to engage in activities that are collaborative, complementary, and efficient with respect to the expenditure of state funds.
All programs listed in the preceding paragraph shall provide annual reports to the Third Frontier Commission discussing existing, planned, or possible collaborations between programs and recipients of grant funding related to technology, development, commercialization, and supporting Ohio's economic development. The annual review by the Third Frontier Commission shall be a comprehensive review of the entire state science and technology program portfolio rather than a review of individual programs.
Section 38.08. INTERNATIONAL TRADE
The foregoing appropriation item 195-432, International
Trade, shall be used
to operate and to maintain Ohio's
out-of-state trade offices.
The Director of Development may enter into contracts with
foreign
nationals to staff foreign offices. Such contracts may be
paid
in local currency or United States currency and shall be
exempt from the
provisions of
section 127.16 of the Revised Code.
The director also may
establish foreign currency accounts in
accordance with section 122.05 of the
Revised Code for the
payment
of expenses related to the operation and maintenance of
the
foreign trade offices.
The foregoing appropriation item 195-432, International
Trade, shall be used to fund the International Trade Division and
to
assist Ohio manufacturers and agricultural producers in
exporting to
foreign countries in conjunction with the Department
of
Agriculture.
Of the foregoing appropriation item 195-432, International
Trade, up to $35,000 may be used to purchase gifts for
representatives of foreign governments or dignitaries of foreign
countries.
Section 38.09. OHIO INVESTMENT IN TRAINING PROGRAM
The foregoing appropriation
item 195-434, Investment in
Training
Grants, shall be used to promote training
through grants for the reimbursement
of eligible training
expenses.
Section 38.10. CDBG OPERATING MATCH
The foregoing appropriation item 195-497, CDBG Operating Match, shall be used to provide matching funds as requested by the United States Department of Housing and Urban Development to administer the federally funded Community Development Block Grant (CDBG) program.
The foregoing appropriation item 195-498, State Energy Match, shall be used to provide matching funds as required by the United States Department of Energy to administer the federally funded State Energy Plan.
Section 38.11. TRAVEL AND TOURISM GRANTS
The foregoing appropriation item 195-507, Travel and Tourism
Grants, shall be
used to provide grants to local organizations to
support various local
travel and tourism events in Ohio.
Of the foregoing appropriation item 195-507, Travel and
Tourism Grants, up to $160,000 in each fiscal year of the biennium
may be used to support the outdoor dramas Trumpet in the Land,
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama; $40,000 in each fiscal year shall be
used for the Cincinnati Film Commission; $600,000 in each
fiscal year
shall be used for grants to the
International Center
for the
Preservation of Wild Animals; and $40,000 in fiscal year 2004 shall be used for the United States Senior Open in Toledo.
Section 38.12. COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195-906, Coal Research and
Development General Obligation Debt Service, shall be used to pay
all debt service and related financing costs at the times they are
required to be made under sections 151.01 and 151.07 of the
Revised Code during the period from July 1, 2003, to June 30,
2005. The Office of the Sinking Fund or the Director of Budget
and Management shall effectuate the required payments by an
intrastate transfer voucher.
THIRD FRONTIER RESEARCH & COMMERCIALIZATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195-905, Third Frontier Research & Commercialization General Obligation Debt Service, shall be used to pay all debt service and related financing costs during the period from July 1, 2003, to June 30, 2005, on obligations to be issued for research and development purposes under Section 2p of Article VIII, Ohio Constitution, and implementing legislation. The Office of the Sinking Fund or the Director of Budget and Management shall effectuate the required payments by an intrastate transfer voucher.
Section 38.13. SUPPORTIVE SERVICES
The Director of Development may assess divisions of the
department for the cost of central service operations. Such an
assessment shall be based on a plan submitted to and approved by
the Office of Budget and Management by the first day of August of
each fiscal year, and contain the characteristics of
administrative ease and uniform application.
A division's payments shall be credited to the Supportive
Services Fund (Fund 135) using an intrastate transfer voucher.
The foregoing appropriation item 195-636, General
Reimbursements, shall be used for conference and subscription fees
and other reimbursable costs. Revenues to the General
Reimbursement Fund (Fund 685) shall consist of fees and other
moneys charged for conferences, subscriptions, and other
administrative costs that are not central service costs.
Section 38.14. HEAP WEATHERIZATION
Fifteen per cent of the federal funds received by the state
for
the Home
Energy Assistance Block Grant shall be deposited in appropriation item 195-614, HEAP Weatherization (Fund
3K9), and shall
be used to
provide home weatherization services in
the state.
The foregoing appropriation item 195-639, State
Special
Projects, shall be used as a general account for the
deposit of
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used
to (1) pay the expenses of verifying the income-eligibility of
HEAP applicants, (2) market economic development opportunities in
the state, and (3) leverage additional federal funds. State
funds
shall be used to match federal housing grants for the
homeless.
Section 38.15. MINORITY BUSINESS ENTERPRISE LOAN
All repayments from the Minority Development Financing
Advisory Board loan program and the Ohio Mini-Loan Guarantee
Program shall be
deposited in the State Treasury to the credit of
the Minority Business
Enterprise Loan Fund (Fund 4W1).
All operating costs of administering the Minority Business
Enterprise Loan
Fund shall be paid from the Minority Business
Enterprise Loan Fund (Fund 4WI).
MINORITY BUSINESS BONDING FUND
Notwithstanding Chapters 122., 169., and 175. of the Revised
Code and other
provisions of Am. Sub.
H.B. 283 of the 123rd
General
Assembly, the Director of Development may, upon the
recommendation of the Minority Development Financing Advisory
Board, pledge up
to $10,000,000 in the 2003-2005 biennium of
unclaimed funds administered by
the Director of Commerce and
allocated to the Minority Business Bonding
Program pursuant to
section 169.05 of the Revised Code. The transfer of any
cash by
the Director of Budget and Management from the Department of
Commerce's
Unclaimed
Funds Fund (Fund 543) to the Department of
Development's
Minority
Business Bonding Fund (Fund 449) shall
occur, if
requested by the Director of
Development, only if such
funds are
needed for payment of losses arising from
the Minority
Business
Bonding Program, and only after proceeds of the initial
transfer of $2,700,000
by the Controlling Board to the
Minority
Business Bonding Program has been used for that purpose. Moneys
transferred by the
Director of Budget and Management from the
Department of
Commerce for this purpose may be moneys in custodial
funds held by the
Treasurer of State. If expenditures are
required for payment of losses
arising from the Minority Business
Bonding Program,
such expenditures shall be made from
appropriation item 195-623, Minority
Business Bonding Contingency
in the Minority Business Bonding Fund, and such
amounts are
appropriated.
MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION
Investment earnings of the Minority Business Bonding Fund
(Fund 449) shall be
credited to the Minority Business Bonding
Program Administration Fund (Fund
450).
Section 38.16. ECONOMIC DEVELOPMENT FINANCING OPERATING
The foregoing appropriation item 195-625, Economic
Development
Financing Operating, shall be used for the operating
expenses of
financial assistance programs authorized under Chapter
166. of
the Revised Code and under sections 122.43 and 122.45 of
the
Revised Code.
The foregoing appropriation item 195-659, Universal Service,
shall be used to provide payments to regulated electric utility companies for low-income customers enrolled in
Percentage of Income Payment Plan (PIPP) electric accounts, to
fund targeted energy efficiency and customer education services to
PIPP customers, and to cover the department's administrative costs
related to the Universal Service Fund Programs.
ENERGY EFFICIENCY REVOLVING LOAN FUND
The foregoing appropriation item 195-660, Energy Efficiency
Revolving Loan, shall be used to provide financial assistance to
customers for eligible energy efficiency projects for residential,
commercial and industrial business, local government, educational
institution, nonprofit, and agriculture customers, and to pay for
the program's administrative costs as provided in the Revised Code
and rules adopted by the Director of Development.
VOLUME CAP ADMINISTRATION
The foregoing appropriation item 195-654, Volume Cap
Administration, shall be
used for expenses related
to the
administration of the Volume
Cap
Program. Revenues
received by
the Volume Cap Administration Fund (Fund 617)
shall
consist of
application fees, forfeited deposits, and interest
earned
from the
custodial account held by the Treasurer of State.
Section 38.17. FACILITIES ESTABLISHMENT FUND
The foregoing appropriation item 195-615, Facilities
Establishment (Fund 037), shall be used for the purposes of
the
Facilities Establishment Fund under Chapter 166. of the
Revised
Code.
Notwithstanding Chapter 166. of the Revised Code, up to
$1,800,000 in cash per fiscal year may be
transferred from the
Facilities
Establishment Fund (Fund 037) to the Economic
Development
Financing Operating Fund (Fund 451). The transfer is
subject
to
Controlling Board approval pursuant to division (B) of section
166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, up to
$20,475,000 in cash may
be transferred during the biennium from the
Facilities Establishment Fund
(Fund 037) to the Urban
Redevelopment Loans Fund (Fund 5D2) for the purpose of
removing
barriers to urban core redevelopment. The Director of Development
shall develop program guidelines for the transfer and release of
funds,
including, but not limited to, the completion of all
appropriate
environmental assessments before state assistance is
committed to a project.
Notwithstanding Chapter 166. of the Revised Code, up to
$5,000,000 per fiscal year
in cash may be
transferred from the
Facilities
Establishment
Fund (Fund 037) to the Rural
Industrial
Park Loan Fund (Fund
4Z6).
The transfer is subject to Controlling
Board
approval pursuant to
section 166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, up to
$1,500,000 in each fiscal year shall be
transferred from moneys in
the Facilities
Establishment Fund (Fund 037) to the Family Farm
Loan Guarantee Fund (Fund
5H1) in the Department of Development. These
moneys shall be used for loan
guarantees. The transfer is subject
to Controlling
Board approval.
Financial assistance from the Family Farm Loan Guarantee
Fund (Fund
5H1) shall be
repaid to Fund 5H1. This fund is established in
accordance with
sections 166.031, 901.80, 901.81, 901.82, and
901.83 of the
Revised Code.
When the Family Farm Loan Guarantee
Fund (Fund 5H1) ceases to exist,
all outstanding
balances, all loan repayments, and any
other
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037).
RURAL DEVELOPMENT INITIATIVE FUND
(A)(1) The Rural Development Initiative Fund (Fund 5S8) shall
receive moneys from the Facilities Establishment Fund (Fund 037). The
Director of Development may make grants from the Rural Development Initiative Fund as specified
in division (A)(2) of this section to eligible applicants in
Appalachian counties and in rural counties in the state that are
designated as distressed pursuant to section 122.25 of the Revised
Code. Preference shall be given to eligible applicants located in
Appalachian counties designated as distressed by the federal
Appalachian Regional Commission. The Rural Development Initiative Fund (Fund 5S8) shall cease to exist
after June 30, 2007. All moneys remaining in the Fund after that
date shall revert to the Facilities Establishment Fund (Fund 037).
(2) The Director of Development shall make grants from the
Rural Development Initiative Fund (Fund 5S8) only to eligible applicants who
also qualify for and receive funding under the Rural Industrial
Park Loan Program as specified in sections 122.23 to 122.27 of the
Revised Code. Eligible applicants shall use the grants for the
purposes specified in section 122.24 of the Revised Code. All
projects supported by grants from the fund are subject to Chapter
4115. of the Revised Code as specified in division (E) of section
166.02 of the Revised Code. The Director shall develop program
guidelines for the transfer and release of funds. The release of
grant moneys to an eligible applicant is subject to Controlling
Board approval.
(B) Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer up to
$5,000,000
per fiscal year in cash on an as needed basis at the
request of
the Director of Development from the Facilities
Establishment Fund
(Fund 037) to the Rural Development Initiative
Fund (Fund 5S8).
The transfer is subject to Controlling Board
approval pursuant to
section 166.03 of the Revised Code.
CAPITAL ACCESS LOAN PROGRAM
The foregoing appropriation item 195-628, Capital Access
Loan
Program, shall be used for operating, program, and
administrative
expenses of the program. Funds of the Capital
Access Loan
Program shall be used to assist participating
financial
institutions in making program loans to eligible
businesses that
face barriers in accessing working capital and
obtaining fixed
asset financing.
Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer up to
$3,000,000
per fiscal year in cash on an as needed basis at the
request of
the Director of Development from the Facilities
Establishment Fund
(Fund 037) to the Capital Access Loan Program
Fund (Fund 5S9).
The
transfer is subject to Controlling Board
approval pursuant to
section 166.03 of the Revised Code.
Section 38.18. CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 195-663, Clean Ohio Operating, shall be used by the Department of Development in administering sections 122.65 to 122.658 of the Revised Code.
Section 39. OBD OHIO BOARD OF DIETETICS
General Services Fund Group
4K9 |
860-609 |
|
Operating Expenses |
|
$ |
334,917 |
|
$ |
329,687 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
334,917 |
|
$ |
329,687 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
334,917 |
|
$ |
329,687 |
Section 40. EDU DEPARTMENT OF EDUCATION
GRF |
200-100 |
|
Personal Services |
|
$ |
12,211,314 |
|
$ |
0 |
GRF |
200-320 |
|
Maintenance and Equipment |
|
$ |
5,332,894 |
|
$ |
0 |
GRF |
200-405 |
|
Primary and Secondary Education Funding |
|
$ |
0 |
|
$ |
6,709,959,774 |
GRF |
200-408 |
|
Public Preschool |
|
$ |
19,018,551 |
|
$ |
0 |
GRF |
200-410 |
|
Professional Development |
|
$ |
36,185,253 |
|
$ |
0 |
GRF |
200-411 |
|
Family and Children First |
|
$ |
3,324,750 |
|
$ |
0 |
GRF |
200-420 |
|
Technical Systems Development |
|
$ |
5,703,750 |
|
$ |
0 |
GRF |
200-421 |
|
Alternative Education Programs |
|
$ |
16,497,000 |
|
$ |
0 |
GRF |
200-422 |
|
School Management Assistance |
|
$ |
1,778,000 |
|
$ |
0 |
GRF |
200-424 |
|
Policy Analysis |
|
$ |
592,220 |
|
$ |
0 |
GRF |
200-425 |
|
Tech Prep Consortia Support |
|
$ |
2,133,213 |
|
$ |
0 |
GRF |
200-426 |
|
Ohio Educational Computer Network |
|
$ |
34,331,741 |
|
$ |
0 |
GRF |
200-427 |
|
Academic Standards |
|
$ |
10,200,592 |
|
$ |
0 |
GRF |
200-431 |
|
School Improvement Initiatives |
|
$ |
14,013,831 |
|
$ |
0 |
GRF |
200-432 |
|
School Conflict Management |
|
$ |
583,010 |
|
$ |
0 |
GRF |
200-433 |
|
Reading/Writing Improvement |
|
$ |
21,060,953 |
|
$ |
0 |
GRF |
200-437 |
|
Student Assessment |
|
$ |
43,353,391 |
|
$ |
0 |
GRF |
200-439 |
|
Accountability/Report Cards |
|
$ |
4,387,500 |
|
$ |
0 |
GRF |
200-441 |
|
American Sign Language |
|
$ |
207,717 |
|
$ |
0 |
GRF |
200-442 |
|
Child Care Licensing |
|
$ |
1,385,633 |
|
$ |
0 |
GRF |
200-444 |
|
Professional Recruitment |
|
$ |
2,186,112 |
|
$ |
0 |
GRF |
200-445 |
|
OhioReads Admin/Volunteer Support |
|
$ |
5,178,228 |
|
$ |
0 |
GRF |
200-446 |
|
Education Management Information System |
|
$ |
16,646,469 |
|
$ |
0 |
GRF |
200-447 |
|
GED Testing/Adult High School |
|
$ |
1,829,106 |
|
$ |
0 |
GRF |
200-448 |
|
Educator Preparation |
|
$ |
609,375 |
|
$ |
0 |
GRF |
200-449 |
|
Head Start Plus Start Up |
|
$ |
16,000,000 |
|
$ |
0 |
GRF |
200-452 |
|
Teaching Success Commission Initiatives |
|
$ |
1,650,000 |
|
$ |
0 |
GRF |
200-455 |
|
Community Schools |
|
$ |
4,278,911 |
|
$ |
0 |
GRF |
200-500 |
|
School Finance Equity |
|
$ |
13,703,405 |
|
$ |
0 |
GRF |
200-501 |
|
Base Cost Funding |
|
$ |
4,429,395,035 |
|
$ |
0 |
GRF |
200-502 |
|
Pupil Transportation |
|
$ |
388,939,229 |
|
$ |
0 |
GRF |
200-503 |
|
Bus Purchase Allowance |
|
$ |
34,399,921 |
|
$ |
0 |
GRF |
200-505 |
|
School Lunch Match |
|
$ |
9,398,025 |
|
$ |
0 |
GRF |
200-509 |
|
Adult Literacy Education |
|
$ |
8,774,250 |
|
$ |
0 |
GRF |
200-511 |
|
Auxiliary Services |
|
$ |
127,903,356 |
|
$ |
0 |
GRF |
200-513 |
|
Student Intervention Services |
|
$ |
35,040,815 |
|
$ |
0 |
GRF |
200-514 |
|
Postsecondary Adult Career-Technical Education |
|
$ |
19,919,464 |
|
$ |
0 |
GRF |
200-520 |
|
Disadvantaged Pupil Impact Aid |
|
$ |
367,266,738 |
|
$ |
0 |
GRF |
200-521 |
|
Gifted Pupil Program |
|
$ |
48,201,031 |
|
$ |
0 |
GRF |
200-525 |
|
Parity Aid |
|
$ |
327,289,958 |
|
$ |
0 |
GRF |
200-532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
55,803,103 |
|
$ |
0 |
GRF |
200-540 |
|
Special Education Enhancements |
|
$ |
140,041,130 |
|
$ |
0 |
GRF |
200-545 |
|
Career-Technical Education Enhancements |
|
$ |
21,382,677 |
|
$ |
0 |
GRF |
200-546 |
|
Charge-Off Supplement |
|
$ |
40,276,844 |
|
$ |
0 |
GRF |
200-558 |
|
Emergency Loan Interest Subsidy |
|
$ |
3,022,500 |
|
$ |
0 |
GRF |
200-566 |
|
OhioReads Grants |
|
$ |
27,263,379 |
|
$ |
0 |
GRF |
200-578 |
|
Safe and Supportive Schools |
|
$ |
3,576,348 |
|
$ |
0 |
GRF |
200-901 |
|
Property Tax Allocation - Education |
|
$ |
736,750,000 |
|
$ |
726,360,000 |
GRF |
200-906 |
|
Tangible Tax Exemption - Education |
|
$ |
70,710,000 |
|
$ |
67,710,000 |
TOTAL GRF General Revenue Fund |
|
$ |
7,189,736,722 |
|
$ |
7,504,029,774 |
General Services Fund Group
138 |
200-606 |
|
Computer Services |
|
$ |
7,404,690 |
|
$ |
7,635,949 |
4D1 |
200-602 |
|
Ohio Prevention/Education Resource Center |
|
$ |
347,000 |
|
$ |
347,000 |
4L2 |
200-681 |
|
Teacher Certification and Licensure |
|
$ |
5,038,017 |
|
$ |
5,236,517 |
452 |
200-638 |
|
Miscellaneous Revenue |
|
$ |
500,000 |
|
$ |
500,000 |
5B1 |
200-651 |
|
Child Nutrition Services |
|
$ |
800,000 |
|
$ |
800,000 |
5H3 |
200-687 |
|
School District Solvency Assistance |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
596 |
200-656 |
|
Ohio Career Information System |
|
$ |
516,694 |
|
$ |
529,761 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
32,606,401 |
|
$ |
33,049,227 |
Federal Special Revenue Fund Group
3C5 |
200-661 |
|
Early Childhood Education |
|
$ |
21,508,746 |
|
$ |
21,508,746 |
3D1 |
200-664 |
|
Drug Free Schools |
|
$ |
13,169,757 |
|
$ |
13,347,966 |
3D2 |
200-667 |
|
Honors Scholarship Program |
|
$ |
1,786,500 |
|
$ |
1,786,500 |
3H9 |
200-605 |
|
Head Start Collaboration Project |
|
$ |
275,000 |
|
$ |
275,000 |
3L6 |
200-617 |
|
Federal School Lunch |
|
$ |
185,948,186 |
|
$ |
191,898,528 |
3L7 |
200-618 |
|
Federal School Breakfast |
|
$ |
48,227,431 |
|
$ |
49,524,254 |
3L8 |
200-619 |
|
Child/Adult Food Programs |
|
$ |
63,577,244 |
|
$ |
65,293,830 |
3L9 |
200-621 |
|
Career-Technical Education Basic Grant |
|
$ |
48,029,701 |
|
$ |
48,029,701 |
3M0 |
200-623 |
|
ESEA Title 1A |
|
$ |
356,458,504 |
|
$ |
384,975,184 |
3M1 |
200-678 |
|
Innovative Education |
|
$ |
15,041,997 |
|
$ |
16,094,937 |
3M2 |
200-680 |
|
Ind W/Disab Education Act |
|
$ |
288,468,284 |
|
$ |
331,392,575 |
3S2 |
200-641 |
|
Education Technology |
|
$ |
19,682,057 |
|
$ |
20,469,339 |
3S6 |
200-698 |
|
Dispute Resolution - Federal |
|
$ |
140,000 |
|
$ |
140,000 |
3T4 |
200-613 |
|
Public Charter Schools |
|
$ |
23,287,500 |
|
$ |
26,187,113 |
3Y2 |
200-688 |
|
21st Century Community Learning Centers |
|
$ |
17,138,239 |
|
$ |
18,500,000 |
3Y4 |
200-632 |
|
Reading First |
|
$ |
29,881,256 |
|
$ |
33,168,194 |
3Y6 |
200-635 |
|
Improving Teacher Quality |
|
$ |
103,686,420 |
|
$ |
104,100,000 |
3Y7 |
200-689 |
|
English Language Acquisition |
|
$ |
4,872,334 |
|
$ |
5,505,737 |
3Z2 |
200-690 |
|
State Assessments |
|
$ |
11,894,315 |
|
$ |
12,489,031 |
309 |
200-601 |
|
Educationally Disadvantaged |
|
$ |
22,148,769 |
|
$ |
22,899,001 |
366 |
200-604 |
|
Adult Basic Education |
|
$ |
21,369,906 |
|
$ |
22,223,820 |
367 |
200-607 |
|
School Food Services |
|
$ |
10,767,759 |
|
$ |
11,144,631 |
368 |
200-614 |
|
Veterans' Training |
|
$ |
626,630 |
|
$ |
655,587 |
369 |
200-616 |
|
Career-Tech Education Federal Enhancement |
|
$ |
8,165,672 |
|
$ |
8,165,672 |
370 |
200-624 |
|
Education of Exceptional Children |
|
$ |
1,933,910 |
|
$ |
1,933,910 |
374 |
200-647 |
|
Troops to Teachers |
|
$ |
2,618,076 |
|
$ |
2,622,370 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,320,704,193 |
|
$ |
1,414,331,626 |
State Special Revenue Fund Group
4R7 |
200-695 |
|
Indirect Cost Recovery |
|
$ |
5,002,500 |
|
$ |
5,250,400 |
4V7 |
200-633 |
|
Interagency Support |
|
$ |
800,000 |
|
$ |
800,000 |
454 |
200-610 |
|
Guidance and Testing |
|
$ |
956,761 |
|
$ |
956,761 |
455 |
200-608 |
|
Commodity Foods |
|
$ |
11,308,000 |
|
$ |
11,624,624 |
5U2 |
200-685 |
|
National Education Statistics |
|
$ |
200,000 |
|
$ |
200,000 |
5W2 |
200-663 |
|
Head Start Plus/Head Start |
|
$ |
101,200,000 |
|
$ |
103,184,000 |
598 |
200-659 |
|
Auxiliary Services Reimbursement |
|
$ |
1,328,910 |
|
$ |
1,328,910 |
620 |
200-615 |
|
Educational Grants |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
121,796,171 |
|
$ |
124,344,695 |
Lottery Profits Education Fund Group
017 |
200-612 |
|
Base Cost Funding |
|
$ |
606,123,500 |
|
$ |
606,195,300 |
017 |
200-682 |
|
Lease Rental Payment Reimbursement |
|
$ |
31,776,500 |
|
$ |
31,704,700 |
TOTAL LPE Lottery Profits |
|
|
|
|
|
|
Education Fund Group |
|
$ |
637,900,000 |
|
$ |
637,900,000 |
Revenue Distribution Fund Group
053 |
200-900 |
|
School District Property Tax Replacement |
|
$ |
115,911,593 |
|
$ |
115,911,593 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
115,911,593 |
|
$ |
115,911,593 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
9,418,655,080 |
|
$ |
9,829,566,915 |
Section 40.01. PERSONAL SERVICES
Of the foregoing appropriation item 200-100, Personal Services, $1,630,181 in fiscal year 2004 shall be used by the Department of Education to provide vocational administration matching funds pursuant to 20 U.S.C. 2311.
MAINTENANCE AND EQUIPMENT
Of the foregoing appropriation item 200-320, Maintenance and
Equipment,
up to $25,000 may be expended in fiscal year 2004 for
State Board of Education out-of-state travel.
Of the foregoing appropriation item 200-320, Maintenance and Equipment, $692,014 in fiscal year 2004 shall be used by the Department of Education to provide vocational administration matching funds pursuant to 20 U.S.C. 2311.
Section 40.02. PUBLIC PRESCHOOL
The Department of Education shall distribute the foregoing
appropriation item
200-408, Public Preschool,
to pay the costs of
comprehensive preschool
programs. As used in this section,
"school district" means a
city, local, exempted village, or joint
vocational school district, or
an educational
service center.
(A) In fiscal year 2004, up to two per cent of the
total
appropriation may be used by the department for
program support and technical assistance; developing
program capacity; and
assisting programs with
facilities planning,
construction, renovation, or lease agreements
in conjunction with
the Community Development Finance Fund (CDFF). The Department shall distribute the remainder of the appropriation in fiscal year 2004 to serve children from families earning not more than 185 per cent of the federal poverty guidelines.
(B) The department
shall provide an annual report to the
Governor, the Speaker of the
House of Representatives, the
President of the Senate, the State Board of
Education, Head Start
grantees, and other
interested parties. The report shall
include:
(1) The number and per cent of eligible children by county
and by
school district;
(2) The amount of state funds allocated for continuation per
school district;
(3) The amount of state funds received for continuation per
school district;
(4) A summary of program performance on the state critical
performance indicators in the public preschool program;
(5) A summary of developmental progress of children
participating
in the state-funded public preschool program;
(6) Any other data reflecting the performance of public
preschool programs
that
the department considers pertinent.
(C) For purposes of this section,
"eligible child" means a
child who is at
least three years of age, is not eligible for kindergarten, and whose family
earns not
more than 185 per cent of the federal poverty guidelines.
(D) The department may reallocate unobligated or unspent money to
participating school districts for purposes of program expansion,
improvement, or special projects to promote quality and
innovation.
(E) Costs for developing and administering a preschool
program
may not exceed fifteen per cent of the total approved
costs of the
program.
All recipients of funds shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved recipient
for purposes provided in the program unless, as described in division (J) of this section, a preschool program waives its right for funding or a program's funding is eliminated or reduced due to its inability to meet financial or program performance standards. The approved recipient
shall
administer and use such property and funds for the purposes
specified.
(F) The department shall prescribe target levels for
critical
performance indicators for the purpose of assessing
public
preschool programs. On-site reviews and follow-up visits
shall be
based on progress in meeting the prescribed target
levels.
(G) The Department may examine a recipient's financial and program records. If the financial practices of the program are not in accordance with standard accounting principles or do not meet financial standards outlined under division (E) of this section, or if the program fails to substantially meet the Head Start performance standards or exhibits below average performance as measured against the performance indicators outlined in division (F) of this section, the preschool program shall propose and implement a corrective action plan that has been approved by the Department. The approved corrective action plan shall be signed by the school district board of education and the appropriate grantee official. The corrective action plan shall include a schedule for monitoring by the Department. Such monitoring may include monthly reports, inspections, a timeline for correction of deficiencies, and technical assistance to be provided by the Department or obtained by the public preschool program. The Department may withhold funding pending corrective action. If a public preschool program fails to satisfactorily complete a corrective action plan, the Department may either deny expansion funding to the program or withdraw all or part of the public preschool funding from the agency and establish a new state-funded agency through a competitive bidding process established by the Department.
(H) The department shall require public preschool programs
to
document child progress, using research-based indicators as prescribed
by
the department, and report results annually. The department
shall
determine the dates for documenting and reporting.
(I) Each school district shall develop a sliding fee scale
based on family
incomes in the district and shall charge families
who earn more than the
federal poverty guidelines for preschool.
(J) If a public preschool program voluntarily waives its right for funding, or has its funding eliminated for not meeting financial standards or program performance standards, the grantee and delegate shall transfer control of title to property, equipment, and remaining supplies obtained through the program to designated grantees and return any unexpended funds to the Department along with any reports prescribed by the Department. The funding made available from a program that waives its right for funding or has its funding eliminated or reduced may be used by the Department for new grant awards or expansion grants. The Department may award new grants or expansion grants to eligible providers who apply. The eligible providers who apply must do so in accordance with the competitive bidding process established by the Department.
Section 40.03. PROFESSIONAL DEVELOPMENT
Of the foregoing appropriation item 200-410, Professional
Development, $5,368,357 in fiscal year 2004 shall be used by the
Department of
Education to develop
a statewide comprehensive
system of twelve professional development centers
that support
local educators' ability to foster academic achievement in the
students they
serve. The centers shall
include training teachers
on site-based management
concepts to encourage teachers to become
involved in the management of their
schools.
Of the foregoing appropriation item 200-410, Professional
Development, $7,229,625 in fiscal year 2004
shall be used by the Department of Education to
pay the application
fee for teachers from public and chartered
nonpublic schools
applying to the National Board for Professional
Teaching
Standards for
professional teaching certificates or
licenses that the board
offers and to provide grants in fiscal year 2004 to recognize and reward
teachers who become certified
by the board pursuant to section 3319.55 of the
Revised Code, and
up to $300,000 in fiscal year 2004 of this set-aside may be used by the Department
to pay for costs associated with activities to support candidates
through the application and certification process.
These moneys shall be used
to pay up to the first 500
applications in fiscal year 2004 received
by the Department. Each
prospective applicant for certification or licensure
shall submit
an application to the Department of Education.
When the
Department has collected a group of applications, but not later
than
30 days after receipt of the first application in a group, it
shall send the
applications to the National Board for Professional
Teaching Standards along
with a check to cover the cost of the
application fee for all applicants in
that group.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$19,442,358 in fiscal year 2004 shall be allocated for entry year
programs.
These funds shall be used to support mentoring services
and performance assessments of beginning teachers, including chartered nonpublic beginning
teachers.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$546,000 in fiscal year 2004 shall be used to
continue Ohio leadership
academies to develop and train
superintendents in new leadership and management
practices to
support high performance schools. This training shall be
coordinated with other locally administered leadership programs.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$676,260 in fiscal year 2004 shall be used to
support the Ohio
Principal's
Leadership Academy that will serve
principals and
their staff teams. An
advisory panel comprised of
national
business and education
experts shall advise the
Department of
Education on content and delivery
of curriculum and
instruction.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$1,840,000 in fiscal year 2004 shall be used to
fund an entry year program
for principals, including for
chartered nonpublic principals.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$438,750 in fiscal year 2004 shall be used by
the Rural Appalachian Initiative
to create professional
development academies for teachers, principals, and
superintendents in the Appalachian region. No funding shall be
released prior
to the Department of Education receiving a
satisfactory report of the
activities conducted by these
professional development academies during the
previous year.
Of the foregoing appropriation item 200-410, Professional
Development, up to $243,750 in fiscal year 2004 shall be used to support a Teacher Recognition
Program. Funds awarded shall be used to recognize exemplary
performance and support the professional development of educators
across the educator life-cycle continuum, and may also be used to
support the implementation of an educator-in-residence program.
Of the foregoing appropriation item 200-410, Professional
Development, up to $65,813 in fiscal year 2004 shall be used to
support the Ohio University Leadership Program.
Of the foregoing appropriation item 200-410, Professional Development, up to $146,250 in fiscal year 2004 shall be used to provide training to school board members, treasurers, and school business officials.
Of the foregoing appropriation item 200-410, Professional Development, up to $188,090 in fiscal year 2004 shall be used to provide grants for districts to develop local knowledge/skills-based compensation systems.
Section 40.04. TECHNICAL SYSTEMS DEVELOPMENT
The foregoing appropriation item 200-420, Technical Systems
Development, shall be used to support the development and
implementation of information technology solutions
designed to
improve the performance
and customer service of the Department of
Education. Funds may be used for personnel, maintenance, and
equipment costs related to the development and implementation of
these technical system projects.
Implementation of these systems
shall allow the Department to
provide greater levels of assistance
to school districts and to provide more timely information
to the
public, including school districts, administrators, and
legislators.
ALTERNATIVE EDUCATION PROGRAMS
There is hereby created the Alternative Education
Advisory
Council, which shall consist of one representative
from each of
the following agencies: the Ohio Department of
Education; the
Department of Youth
Services; the Ohio Department of Alcohol
and
Drug Addiction Services; the
Department of Mental Health; the
Office of
the Governor or, at the Governor's discretion, the
Office of the Lieutenant Governor; the
Office of the Attorney
General; and the Office of the Auditor
of State.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, not less than $7,897,500 in fiscal year 2004
shall be used
for the renewal of successful implementation grants
and for
competitive matching grants to the 21 urban school
districts as
defined in division (O) of section Sec. 3317.02. of the
Revised Code as
it
existed prior to July 1, 1998, and not less
than $7,863,047 in fiscal
year 2004 shall be used for the renewal
of successful implementation of
grants and for competitive
matching grants to rural and suburban
school districts for
alternative educational programs for existing
and new
at-risk and
delinquent youth. Programs shall be focused
on youth in one or
more of the following categories: those who
have been expelled or
suspended,
those who have dropped out of
school or who are at risk
of dropping out of
school, those who are
habitually truant or
disruptive, or those on probation
or on
parole from a Department
of Youth Services
facility. Grants shall
be awarded according to
the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs where
the grant would not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $449,235 in fiscal year 2004 may
be used
for program
administration, monitoring, technical assistance,
support,
research, and evaluation. Any unexpended balance may be
used to
provide
additional matching grants to urban, suburban, or
rural
school districts as
outlined above.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, $287,218 in fiscal year 2004 shall be used to
contract with the Center for Learning Excellence at The Ohio State
University to provide technical support for the project and the
completion of formative and summative evaluation of the grants.
SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, $351,000 in fiscal year 2004 shall be used by the Auditor of State for
expenses incurred in the Auditor of State's role relating to
fiscal caution activities as defined in Chapter 3316. of the
Revised Code. Expenses include duties related to the completion of
performance audits for school districts that the Superintendent of
Public Instruction determines are employing fiscal practices or
experiencing budgetary conditions that could produce a state of
fiscal watch or fiscal emergency.
The remainder of foregoing appropriation item 200-422, School
Management
Assistance, shall be used by the Department of
Education to
provide fiscal technical assistance and inservice
education for
school district management personnel
and to
administer, monitor,
and implement the fiscal watch and fiscal
emergency provisions
under Chapter 3316. of the Revised Code.
The foregoing appropriation item 200-424, Policy Analysis,
shall be used by the Department of Education to support a
system
of administrative, statistical, and legislative education
information to be used for policy analysis. Staff supported by
this appropriation shall administer the development of reports,
analyses, and briefings to inform education policymakers of
current
trends in education practice, efficient and effective use
of
resources, and evaluation of programs to improve education
results. The database shall
be kept current at all times. These
research efforts shall be used to
supply information and analysis
of data to the General Assembly
and other state policymakers,
including the Office of Budget and
Management and the Legislative
Service
Commission.
The Department of Education may use funding from this
appropriation
item to purchase or contract for the development of
software
systems or contract for policy studies that will assist
in
the provision and analysis of policy-related information.
Funding from this appropriation item also may be used to monitor
and enhance quality assurance for research-based policy analysis
and program evaluation to enhance the effective use of education
information to inform education policymakers.
TECH PREP CONSORTIA SUPPORT
The foregoing appropriation item 200-425, Tech Prep
Consortia Support, shall be used by the Department of Education to
support state-level activities designed to support, promote, and
expand tech prep programs. Use of these funds shall include, but
not be limited to, administration of grants, program evaluation,
professional development, curriculum development, assessment
development, program promotion, communications, and statewide
coordination of tech prep consortia.
OHIO EDUCATIONAL COMPUTER NETWORK
The foregoing appropriation item 200-426, Ohio Educational
Computer Network, shall be used by the Department of Education to
maintain a system of information technology throughout Ohio and
to
provide technical assistance for such a system in support of
the
State Education Technology Plan pursuant to section 3301.07
of the
Revised Code.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer
Network, up to $18,592,763 in fiscal year 2004 shall be used by the Department of
Education to support connection of
all public school buildings to
the state's education network, to each other, and to the Internet.
In fiscal year 2004 the Department of Education shall use these
funds to assist data acquisition sites or school districts
with the operational costs
associated with this connectivity. The
Department
of Education shall develop a formula and guidelines for
the distribution of
these funds to the data acquisition sites or
individual school districts. As used in this section,
"public
school building" means a school building of any city, local,
exempted village, or joint vocational school district, or any
community school established under Chapter 3314. of the Revised
Code, or any educational service center building used for
instructional purposes, or the Ohio School for the Deaf and the Ohio School for the Blind, or high schools chartered by the Ohio Department of Youth Services and high schools operated by Ohio Department of Rehabilitation and Corrections' Ohio Central School System.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer Network, up to $1,884,355 in fiscal year 2004 shall be used for the Union Catalog
and InfOhio Network.
The Department of Education shall use up
to $3,412,500 in
fiscal year 2004 to
assist designated
data acquisition sites with operational costs
associated with the increased
use
of the state's education network
by chartered nonpublic schools. The
Department of Education
shall
develop a formula and guidelines for
distribution of these funds
to designated data acquisition sites.
The remainder in fiscal year 2004 of appropriation item
200-426, Ohio Educational Computer Network, shall be used to
support development, maintenance, and operation of a network of
uniform and compatible computer-based information and
instructional systems. The technical assistance shall include, but
not be restricted to, development and maintenance of adequate
computer software systems to support network activities. Program
funds may be used, through a formula and guidelines devised by the
department, to subsidize the activities of
designated data acquisition sites, as defined by State Board of
Education rules, to provide school districts and chartered
nonpublic schools with computer-based student and teacher
instructional and administrative information services, including
approved computerized financial accounting, and to ensure the
effective operation of local automated administrative and
instructional systems. To broaden the scope of the use of
technology for education, the Department may use up to $223,762 in fiscal year 2004 to coordinate the activities of the computer
network with other agencies funded by the department or the state.
In order to improve the efficiency of network activities, the
department and data acquisition sites may jointly purchase
equipment, materials, and services from funds provided under this
appropriation for use by the network and, when considered
practical by the department, may utilize the services of
appropriate state purchasing agencies.
Of the foregoing appropriation item 200-427, Academic Standards, up to $731,250 in fiscal year 2004 shall be used to provide funds to school districts that have one or more teachers participating in the teachers-on-loan program.
The remainder of appropriation item 200-427, Academic Standards,
shall be used by the Department of Education to develop and
disseminate academic content standards. These funds shall be used
to develop academic content standards and curriculum models and to
fund communication of expectations to teachers, school districts,
parents, and communities.
Section 40.05. SCHOOL IMPROVEMENT INITIATIVES
Of the foregoing appropriation item 200-431, School
Improvement Initiatives,
$10,505,625 in fiscal year 2004 shall be
used to provide technical
assistance to school districts that are declared to
be in a state
of academic watch or academic emergency under section 3302.03 of
the Revised Code to develop their continuous improvement plans as
required in
section 3302.04 of the Revised Code and to provide technical assistance to school buildings not meeting new federal accountability measures.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $138,206 in fiscal year 2004 shall
be used to support a
teacher-in-residence at the Governor's office
and related support
staff, travel
expenses, and administrative
overhead.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $250,000 in fiscal year 2004 shall be used to reduce the dropout rate by addressing the academic and social problems of inner-city students through Project GRAD.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $3,120,000 in fiscal year 2004 shall be used to provide intensive summer professional development for mathematics teachers and to deploy mathematics specialists into low performing schools. The plan for the expenditure of these funds shall be approved by the Math Rules Advisory Council.
SCHOOL CONFLICT MANAGEMENT
The foregoing appropriation item 200-432, School Conflict
Management,
shall be used by the Department of Education
for the purpose of
providing dispute resolution and conflict
management training, consultation,
and materials for school
districts, and for the purpose of providing
competitive
school
conflict management grants to school districts.
READING/WRITING IMPROVEMENT
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement, up to $12,675,000 in fiscal year 2004 shall be used
for professional development in literacy for classroom teachers,
administrators, and literacy specialists.
Of the foregoing appropriation item 200-433, Reading/Writing Improvement, up to $322,689 in fiscal year 2004 shall be used to assess a sample number of center-based, early literacy education programs using the Early Language and Literacy Classroom Observation Instrument. The instrument shall be used to determine baseline data regarding literacy experiences for young children and to provide critical information for continuous improvement planning.
The remainder of appropriation item 200-433, Reading/Writing Improvement, shall be used to support standards-based classroom reading and writing instruction and reading intervention and the design/development of standards-based literacy curriculum materials; to support literacy professional development partnerships between the Department of Education, higher education institutions, the literacy specialists project, the Ohio principals' literacy network, regional literacy teams, literacy networks, and school districts.
The foregoing appropriation item 200-437, Student
Assessment,
shall be used to develop, field test, print,
distribute, score,
and report results from the tests required
under sections
3301.0710 and 3301.0711 of
the Revised Code and for similar
purposes as required by section
3301.27 of the Revised Code.
ACCOUNTABILITY/REPORT CARDS
The foregoing appropriation item 200-439, Accountability/Report Cards, shall be used for the development and distribution of school report cards pursuant to section 3302.03 of the Revised Code.
Of the foregoing appropriation item 200-441, American Sign
Language, up to $136,943 in fiscal year 2004
shall be used to implement pilot projects for
the integration of
American Sign Language deaf language into the
kindergarten
through twelfth-grade curriculum.
The remainder of the appropriation shall be used by the
Department of Education to provide supervision and consultation
to
school districts in dealing with parents of children
who are deaf or hard of hearing, in integrating American
Sign
Language as a foreign language, and in obtaining
interpreters and
improving their skills.
The foregoing appropriation item 200-442, Child Care
Licensing, shall be used
by the Department of Education to license
and to inspect preschool and
school-age child care programs in
accordance with sections 3301.52 to 3301.59
of the Revised Code.
Of the foregoing appropriation item 200-444, Professional
Recruitment, $1,163,565 in fiscal year 2004 shall be used by the
Department of Education to establish programs targeted at
recruiting underrepresented populations into the teaching
profession. The recruitment programs shall include,
but not be limited to, alternative teacher licensure or
certification programs emphasizing the recruitment of highly
qualified minority candidates into teaching, including emphasizing
the recruitment of highly qualified minority candidates into
teaching positions in schools that have a high percentage of
minority students. The recruitment programs also shall target
recruiting qualified candidates available as a result of
downsizing of the military and business sectors. Funding also
shall be targeted to statewide, regional, and local programs that
are competitively selected as promising programs demonstrating the
potential of significantly increasing Ohio's minority teaching
force.
Of the foregoing appropriation item 200-444, Professional Recruitment, up to $622,414 in fiscal year 2004 shall be used to target individuals who are seeking a second career or who are in mid-career changes to enter the teaching profession by supporting collaborative activities between higher education institutions and school districts.
The remainder of appropriation item 200-444, Professional Recruitment, shall be used by
the Department of Education for recruitment programs targeting
special needs areas: recruiting prospective mathematics and
science teachers, recruiting special educators, recruiting
principals, developing and maintaining a web-based placement bureau, developing supply/demand reports, and implementing
a pre-collegiate program to target future teachers.
OHIOREADS ADMIN/VOLUNTEER SUPPORT
The foregoing appropriation item 200-445, OhioReads
Admin/Volunteer Support,
may be allocated by the OhioReads Office in the Department of Education at the direction of the OhioReads Council
for volunteer coordinators in
public school buildings, to
educational service centers for costs associated
with volunteer
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with
administering the program.
Section 40.06. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200-446, Education
Management
Information System, shall be used by the Department of
Education to
improve the
Education Management
Information System (EMIS).
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $1,295,857 in fiscal year
2004 shall be distributed
to designated data
acquisition sites for costs relating to
processing, storing,
and transferring data for the effective
operation of the
EMIS. These costs may include, but are not
limited to,
personnel, hardware, software development,
communications
connectivity, professional development, and support
services, and
to provide services to participate in the State
Education
Technology Plan pursuant to section 3301.07 of the
Revised Code.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $8,055,189 in fiscal year 2004 shall be distributed on a per-pupil basis
to school districts, community schools established under Chapter
3314. of the Revised Code, education service centers, joint
vocational school districts, and any other education entity that reports data through EMIS. From
this
funding, each school district or community school established
under Chapter 3314. of the Revised Code with enrollment greater
than 100
students and each vocational school district shall
receive a
minimum of $5,000 in fiscal year 2004. Each
school
district or community school established under Chapter
3314. of the Revised Code with enrollment between one and one
hundred and each
education service center and each county board of
MR/DD that submits data through EMIS shall receive $3,000 in fiscal
year 2004. This subsidy shall be used for costs relating to reporting, processing, storing, transferring, and exchanging data necessary to meet requirements of the Department of Education's data system.
GED TESTING/ADULT HIGH SCHOOL
The foregoing appropriation item 200-447, GED Testing/Adult
High School, shall be used to provide General Educational
Development (GED) testing at no cost to applicants,
pursuant to
rules adopted by the State Board of Education. The Department
of
Education shall reimburse school districts and community schools,
created
in accordance with Chapter 3314. of the Revised Code,
for
a portion of the costs incurred in providing summer instructional
or
intervention services to students who have not graduated due to
their
inability to pass one or more parts of the state's ninth
grade proficiency
test. School districts shall also provide such
services to students who are
residents of the district pursuant to
section 3313.64 of the Revised Code, but
who are enrolled in
chartered, nonpublic schools. The services shall be
provided in
the public school, in nonpublic schools, in public centers, or in
mobile units located on or off the nonpublic school premises. No
school
district shall provide summer instructional or intervention
services to
nonpublic school students as authorized by this
section unless such services
are available to students attending
the public schools within the district.
No school district shall
provide services for use in religious courses,
devotional
exercises, religious training, or any other religious activity.
Chartered, nonpublic schools shall pay for any unreimbursed costs
incurred by school districts for providing summer instruction or
intervention services to
students enrolled in chartered, nonpublic
schools. School
districts may provide these services to students
directly or
contract with postsecondary or nonprofit
community-based institutions in
providing instruction. The
appropriation also shall be used for
state reimbursement to
school districts for adult high school
continuing education
programs pursuant to section 3313.531 of the
Revised Code or for
costs associated with awarding adult high
school diplomas under
section 3313.611 of the Revised Code.
Of the foregoing appropriation item 200-448, Educator Preparation, $146,250 in fiscal year 2004 shall be used by the Department of Education for collaboration with the interstate new teacher assessment and support consortium (INTASC) to develop standards for teacher preparation and portfolio assessments for licensure.
Of the foregoing appropriation item 200-448, Educator Preparation, $438,750 in fiscal year 2004 shall be used to establish new teacher education/district partnerships that will develop professional development schools within districts based on standards established by the National Council for Accreditation of Teacher Education.
Of the foregoing appropriation item 200-448, Educator Preparation, up to $24,375 in fiscal year 2004 shall be used by the Ohio Teacher Education and Certification Commission to carry out the responsibilities of the 21-member Ohio Teacher Education and Certification Advisory Commission. The advisory commission is charged by the State Board of Education with considering all matters related to educator preparation and licensure, including standards for educator preparation and licensure, approval of institutions and programs, and recommending decisions to the State Board of Education.
TITLE IV-A
HEAD START PLUS START UP
The foregoing appropriation item 200-449, Head Start Plus Start Up, shall be used to provide grants to providers of Title IV-A Head Start Plus/Title IV-A Head Start services for seed money for the provision of services to children eligible for TANF services. Eligibility shall be determined in accordance with rules adopted by the Department of Job and Family Services. The amount of each grant shall be determined by the Department of Education.
TEACHING SUCCESS COMMISSION INITIATIVES
The foregoing appropriation item 200-452, Teaching Success Commission Initiatives, shall be used by the Department of Education to support initiatives recommended by the Governor's Commission on Teaching Success.
Of the foregoing appropriation item 200-455, Community
Schools, up
to $1,558,661 in fiscal year 2004 may be used by the Office of
School Options in the Department of Education for additional
services and responsibilities under section 3314.11 of the Revised
Code.
The remaining appropriation may be used by the Department of
Education to make
grants of up to $50,000 to each proposing group with a preliminary
agreement obtained under division (C)(2) of section 3314.02 of
the
Revised Code
in order to defray planning
and initial start-up
costs. In the first year of operation of a community
school, the
Department of Education may make a grant of not more than $100,000 to the governing
authority of the school to partially defray additional start-up
costs. The amount of the grant shall be based on a thorough
examination of the needs of the community school. The Department
of Education shall
not utilize moneys received under this section for any other
purpose other than those specified under this section.
A community school awarded start-up grants from appropriation
item 200-613,
Public Charter Schools (Fund 3T4), shall not be
eligible for
grants under this section.
Section 40.07. SCHOOL FINANCE EQUITY
The foregoing appropriation item 200-500, School Finance
Equity, shall be
distributed in fiscal year 2004 to school districts based on the
formula specified in section
3317.0213 of the
Revised Code.
Section 40.08. BASE COST FUNDING
The foregoing appropriation item 200-501, Base Cost Funding,
includes $90,000,000 in fiscal year 2004 for the state education
aid offset due to the change in public utility valuation as a
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd
General Assembly. This amount represents the total state
education aid offset due to the valuation change for school
districts and joint vocational school districts from all relevant appropriation
line item sources. If it is determined that the state education
aid offset is more than $90,000,000, the Controlling Board may
increase the appropriation for appropriation item 200-501, Base Cost Funding, by
the difference amount if presented with such a request from the
Department of Education. The appropriation increase, if any, is
hereby appropriated. If it is determined that the state education
aid offset is less than $90,000,000, the Director of Budget and
Management shall then reduce the appropriation for appropriation item 200-501,
Base Cost Funding, by the difference amount and notify the
Controlling Board of this action. The appropriation decrease
determined by the Director of Budget and Management, if any, is
hereby approved, and appropriations are hereby reduced by the
amount determined.
Of the foregoing appropriation item 200-501, Base Cost
Funding,
up to $425,000 shall be expended in fiscal year 2004 for
court payments pursuant to section 2151.357 of the
Revised Code;
an amount shall be
available in fiscal year 2004 for the cost of the
reappraisal guarantee pursuant to
section 3317.04 of the Revised
Code; an amount shall be available
in fiscal year 2004 to fund up to
225 full-time
equivalent approved GRADS teacher grants pursuant to
division (R)
of section 3317.024 of the Revised Code; an amount shall be
available in fiscal year 2004 to make
payments to school
districts pursuant to division (A)(2) of section 3317.022
of the
Revised Code; an amount shall be available in fiscal year 2004 to
make payments to school districts pursuant to division (F) of
section 3317.022 of the Revised Code; an amount shall be available
in fiscal year 2004 to make payments to school districts pursuant
to division (C) of section 3317.0212 of the Revised Code; and up
to $15,000,000 in
fiscal year 2004
shall be
reserved for
payments pursuant
to sections 3317.026,
3317.027,
and 3317.028 of
the Revised Code
except that the
Controlling
Board may increase
the $15,000,000
amount if presented
with such a
request from the
Department of
Education. Of the
foregoing
appropriation item
200-501, Base Cost
Funding,
up to
$15,000,000 in fiscal year 2004 shall be used to
provide
additional
state aid to school districts for special
education
students pursuant to division (C)(3) of section 3317.022
of the
Revised Code; up to $2,000,000 in fiscal year 2004
shall
be reserved for Youth Services tuition payments
pursuant to
section 3317.024 of the Revised Code; and
up to $52,000,000 in
fiscal year 2004 shall be
reserved to fund the state reimbursement
of educational service centers
pursuant to section 3317.11 of the
Revised Code. Up to $335,735,930 shall be available in fiscal year 2004 for special education weighted funding pursuant to division (C)(1) of section 3317.022 and division (D)(1) of section 3317.16 of the Revised Code.
Of the foregoing appropriation item 200-501, Base Cost
Funding, up
to $1,000,000 in fiscal year 2004 shall be
used by the
Department of Education for a pilot program to pay
for educational
services for youth who have been assigned by a
juvenile court or
other authorized agency to any of the facilities described
in
division (A) of the section titled
"Private Treatment Facility
Pilot
Project."
The remaining portion of appropriation item 200-501, Base
Cost Funding, shall be
expended in fiscal year 2004 for the public
schools of city,
local, exempted village,
and joint vocational school districts,
including base cost
funding,
special education
speech service enhancement funding,
career-technical
education weight
funding, career-technical
education associated service
funding,
guarantee funding, and
teacher training and experience
funding
pursuant to sections
3317.022, 3317.023, 3317.0212, and
3317.16 of
the Revised Code.
Appropriation items 200-500, School Finance Equity, 200-501,
Base Cost Funding, 200-502, Pupil Transportation, 200-520,
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other
than specific set-asides, are collectively used in fiscal year 2004 to pay state
formula aid obligations for school districts and joint vocational
school districts pursuant to Chapter 3317. of the Revised Code.
The first priority of these appropriation items, with the
exception of specific set-asides, is to fund state formula aid
obligations under Chapter 3317. of the Revised Code. It may be
necessary to reallocate funds among these appropriation items in
order to meet state formula aid obligations. If it is determined
that it is necessary to transfer funds among these appropriation
items to meet state formula aid obligations, the Department of
Education shall seek approval from the Controlling Board to
transfer funds among these appropriation items.
Section 40.09. PUPIL TRANSPORTATION
Of the foregoing appropriation item 200-502, Pupil
Transportation, up to $822,400 in fiscal year 2004 may be used by the Department of
Education for training prospective and experienced
school bus
drivers in accordance with training programs
prescribed by the
Department. Up to $56,975,910 in fiscal year 2004 may be used by the Department of Education for special education transportation
reimbursements to school districts and county MR/DD boards for transportation operating costs as provided in division (M) of section 3317.024 of the Revised Code. The
reimbursement rate shall be
based on the rate defined in division
(D) of section 3317.022 of
the Revised Code. The remainder of appropriation item 200-502,
Pupil Transportation, shall be used for the state reimbursement of
public school districts' costs in transporting pupils to and from
the school they attend in accordance with the district's
policy,
State Board of Education standards, and the Revised Code.
The foregoing appropriation item 200-503, Bus Purchase
Allowance, shall be distributed to school districts,
educational service
centers, and county MR/DD boards pursuant to
rules adopted under
section 3317.07 of the Revised Code. Up to
28 per cent of the
amount appropriated may be used to reimburse
school districts and
educational service centers for the purchase of buses to
transport
handicapped and nonpublic school students and to county MR/DD boards, the Ohio School for the Deaf, and the Ohio School for the Blind for the purchase of buses to transport handicapped students.
The foregoing appropriation item 200-505, School Lunch
Match,
shall be used to provide matching funds to obtain federal
funds
for the school lunch program.
Section 40.10. ADULT LITERACY EDUCATION
The foregoing appropriation item 200-509, Adult Literacy
Education, shall be used to support adult basic and literacy
education instructional programs and the State Literacy Resource
Center Program.
Of the foregoing appropriation item 200-509, Adult
Literacy
Education, up to $519,188 in fiscal
year 2004 shall be used
for the support and operation
of
the State Literacy Resource Center.
Of the foregoing appropriation item 200-509, Adult Literacy Education, $146,250 in fiscal year 2004 shall be used to support initiatives for English as a second language programs in combination with citizenship. Funding shall be provided to organizations that received such funds during fiscal year 2003 from appropriation item 200-570, School Improvement Incentive Grants.
The remainder of the appropriation shall be used to continue to satisfy the
state
match and maintenance of effort requirements for the support and
operation of the
Department of Education-administered
instructional grant program
for adult basic and literacy education
in accordance with the
department's state plan for adult basic and
literacy education as
approved by the State Board of Education and
the Secretary of the
United States Department of Education.
The foregoing appropriation item 200-511, Auxiliary
Services,
shall be used by the Department of Education for the
purpose of
implementing section 3317.06 of the Revised Code. Of
the
appropriation, up to $1,462,500 in fiscal year 2004 may be used for payment of the
Post-Secondary Enrollment
Options Program for nonpublic students
pursuant to section
3365.10 of the Revised Code.
STUDENT INTERVENTION SERVICES
The foregoing appropriation item 200-513, Student
Intervention Services,
shall be used to assist districts
providing
the intervention services specified in section 3313.608 of the
Revised Code.
The Department of Education
shall establish
guidelines for the use and distribution of these moneys. School
districts receiving funds from this appropriation
shall report to
the Department of Education on how funds were
used.
POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION
The foregoing appropriation item 200-514,
Postsecondary Adult Career-Technical Education, shall be used by
the
State Board of Education to provide postsecondary adult
career-technical education under sections 3313.52 and 3313.53 of
the
Revised Code.
DISADVANTAGED PUPIL IMPACT AID
Notwithstanding the distribution formula outlined in section
3317.029 of the Revised Code, each school district shall receive an additional two per cent in Disadvantaged Pupil Impact Aid funding in fiscal year 2004 over what was received in fiscal year 2003.
School districts must continue to comply with all expenditure guidelines and restrictions outlined in divisions (F), (G), (I), and (K) of section 3317.029 of the Revised Code by assuming a two per cent increase in funds for each program outlined in divisions (C), (D), and (E) of section 3317.029 of the Revised Code and by assuming a DPIA index equivalent to the index calculated in fiscal year 2003.
The Department of Education shall pay all-day, everyday
kindergarten funding
to all school districts in fiscal year 2004 that
qualified for and provided the service
in fiscal year 2003 pursuant to
section
3317.029 of the
Revised Code. School districts and community schools that did not have a DPIA allocation in fiscal year 2003 shall not receive an allocation in fiscal year 2004.
Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
up to
$3,300,000 in fiscal year 2004
shall be used for school breakfast
programs. Of this amount, up to
$500,000
shall be used in fiscal
year 2004 by the Department of Education to provide start-up
grants to
school districts that start school breakfast programs. The
remainder of
the appropriation shall be used to: (1) partially
reimburse
school buildings within school districts that are required to have
a
school breakfast program pursuant to section 3313.813 of the
Revised Code, at
a rate decided by the Department, for each
breakfast served to any pupil
enrolled in the district; (2)
partially reimburse districts participating in
the National School
Lunch Program that have at least 20 per cent of students
who are
eligible for free and reduced meals according to federal
standards, at
a rate decided by the Department; and (3) to
partially reimburse
districts participating in the National School
Lunch Program for breakfast
served to children eligible for free
and reduced meals enrolled in the
district, at a rate decided by
the Department.
Of the portion of the funds distributed to the Cleveland Municipal
School
District under this section, up to
$11,901,887 in fiscal year 2004 shall be used to operate the school
choice program
in the Cleveland Municipal School District pursuant to sections
3313.974 to 3313.979 of the Revised Code.
Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
$1,000,000 in fiscal year 2004 shall be used
to
support dropout recovery programs
administered by the Department
of Education, Jobs for Ohio's Graduates
Program.
Section 40.11. GIFTED PUPIL PROGRAM
The foregoing appropriation item 200-521, Gifted Pupil
Program, shall be used
for gifted education units not to exceed 1,110 in
fiscal year 2004 pursuant
to
division (P) of section 3317.024 and
division (F) of section
3317.05 of
the Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, up to
$5,000,000 in fiscal year 2004 may
be used as an additional
supplement for identifying gifted
students pursuant to Chapter 3324. of the
Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, the
Department of Education may expend up to $1,000,000
in fiscal
year 2004 for the Summer Honors Institute for
gifted freshman and
sophomore high school students. Up to $600,000 in
fiscal
year 2004 shall be used for research and demonstration projects. The
Department of Education shall research and evaluate the
effectiveness of gifted education programs in Ohio. Up to
$70,000
in fiscal year 2004 shall be used for the Ohio
Summer School for
the
Gifted (Martin Essex Program).
Section 40.12. PARITY AID
The foregoing appropriation item 200-525, Parity Aid, shall
be distributed to school districts in fiscal year 2004 based on the formulas specified
in section 3317.0217 of the Revised Code.
NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT
The foregoing appropriation item 200-532, Nonpublic
Administrative Cost Reimbursement, shall be used by the Department of Education for the purpose of implementing section
3317.063 of the Revised Code.
Section 40.13. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to $47,546,796 in
fiscal year 2004 shall be used to
fund
special education and related services at
county boards of mental
retardation and developmental disabilities for
eligible students
under section 3317.20 of the
Revised Code. Up
to
$2,452,125 shall
be used in fiscal year 2004
to fund special education
classroom and related services
units at
institutions.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to
$3,406,875 in fiscal year 2004
shall be used for home
instruction
for
children with disabilities; up to
$1,462,500 in fiscal year 2004
shall be used for parent mentoring programs;
and up
to
$2,783,396
in fiscal year 2004 may be
used
for school psychology interns.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $3,906,090 in fiscal year 2004 shall
be used by the Department of
Education to assist school
districts in funding aides pursuant to
paragraph
(A)(3)(c)(i)(b) of rule
3301-51-04 of the Administrative
Code.
Of the foregoing appropriation item 200-540, Special
Education Enhancements,
$78,399,498 in fiscal year 2004 shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units in accordance with
section 3317.161 of
the Revised Code. The department
may
reimburse county boards of
mental retardation and developmental
disabilities, educational
service centers, and school districts
for related
services as
defined in rule 3301-31-05 of the
Administrative Code, for
preschool
occupational and physical
therapy services provided by a
physical
therapy assistant and
certified occupational therapy
assistant,
and for an instructional
assistant. To the greatest
extent possible, the
Department of
Education shall allocate these
units to school
districts and
educational service centers. The
Controlling
Board may approve
the transfer of unallocated funds
from
appropriation item 200-501,
Base Cost Funding, to
appropriation item 200-540, Special
Education Enhancements, to
fully fund existing units as
necessary
or to fully fund additional
units. The Controlling
Board may
approve the transfer of
unallocated funds from
appropriation item
200-540,
Special
Education Enhancements, to appropriation
item
200-501, Base Cost
Funding,
to fully fund the special education
weight cost funding.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards serving
preschool children with disabilities to document child progress
using research-based indicators prescribed by the Department and report
results annually. The reporting dates and methodology shall be
determined by the Department.
Of the foregoing appropriation item 200-540, Special
Education
Enhancements, up to $83,850
in fiscal year 2004 shall be
used to conduct a
collaborative pilot
program to provide
educational services and
develop best
educational practices for
autistic children.
Section 40.14. CAREER-TECHNICAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to
$2,576,107 in fiscal year 2004 shall
be used to fund career-technical
education units at
institutions.
Up
to
$4,159,770 in fiscal year 2004 shall be used to
fund the Jobs for
Ohio Graduates
(JOG) program.
Of the foregoing appropriation item 200-545, Career-Technical
Education
Enhancements, up to $4,387,500 in fiscal year
2004 shall be
used by the
Department of Education to fund
competitive grants to
tech prep
consortia that expand the number of students
enrolled in
tech prep
programs. These grant funds shall be used to directly
support
expanded tech prep programs, including equipment, provided
to
students enrolled in
school
districts, including joint
vocational
school districts, and
affiliated higher education
institutions.
If federal funds for career-technical
education cannot be
used for
local school district leadership without
being matched by
state
funds, then an amount as determined by the
Superintendent of
Public Instruction shall be made
available from
state funds
appropriated for career-technical education. If any state
funds
are
used for this purpose, federal funds in an equal amount
shall
be
distributed for career-technical education in accordance with
authorization of the state plan for career-technical education for Ohio
as approved by the Secretary of the United States
Department of
Education.
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements,
$1,462,500 in
fiscal year 2004 shall be
used to provide
an amount
to each eligible school district for the
replacement or
updating
of equipment essential for the instruction
of students
in job
skills taught as part of a career-technical
program
or programs
approved
for such instruction by the State
Board of
Education.
School
districts replacing or updating
career-technical
education
equipment may
purchase or
lease such
equipment. The
Department of
Education
shall
review and approve
all equipment
requests and may
allot
appropriated funds to
eligible
school
districts on the basis
of
the number of full-time
equivalent
workforce
development
teachers
in all eligible
districts making
application for funds.
The State Board of Education may adopt standards
of need for
equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education,
appropriated
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall
be
provided to a school district on a 30, 40, or 50 per cent of
cost
on the basis of a district career-technical priority index rating
developed by the Department of Education for all districts. The career-technical priority index shall give preference
to
districts with a large percentage of disadvantaged students and
shall include other socio-economic factors as determined by the
State Board of Education.
Of the foregoing appropriation item
200-545, Career-Technical
Education Enhancements, up to $3,900,000 in fiscal year 2004 shall
be
used by the Department of Education to
support
existing High Schools That Work
(HSTW) sites,
develop and support new
sites,
fund technical assistance, and
support regional
centers and
middle
school programs. The purpose
of HSTW is to
combine
challenging
academic courses and modern
career-technical
studies to
raise the academic achievement
of students.
It provides
intensive
technical assistance, focused
staff
development,
targeted
assessment services, and ongoing
communications and
networking
opportunities.
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, $3,900,000 in fiscal year 2004 shall be used for K-12 career
development.
Of the foregoing appropriation item 200-545, Career-Technical Education Enhancements, up to $996,800 in fiscal year 2004 shall be allocated for the Ohio Career Information System (OCIS) and used for the dissemination of career information data to public schools, libraries, rehabilitation centers, two- and four-year colleges and universities, and other governmental units.
Section 40.15. CHARGE-OFF SUPPLEMENT
The foregoing appropriation item 200-546, Charge-Off
Supplement, shall be used
in fiscal year 2004 by the Department of Education to make
payments pursuant to section 3317.0216
of the Revised Code.
EMERGENCY LOAN INTEREST SUBSIDY
The foregoing appropriation item 200-558, Emergency Loan
Interest Subsidy, shall be used to provide a subsidy to
school
districts receiving emergency school loans pursuant to section
3313.484
of the Revised Code. The subsidy shall be used to pay
these districts the
difference between
the amount of interest the
district is paying on an emergency loan, and the
interest that the
district would have paid if the interest rate on the loan
had been
two per cent.
Section 40.16. OHIOREADS GRANTS
The foregoing appropriation item 200-566, OhioReads
Grants, shall be disbursed by the OhioReads
Office in the
Department of Education
at the direction of the
OhioReads Council
to provide grants to
public schools
in
city, local, and
exempted village school districts;
community
schools; and
educational service centers serving kindergarten
through fourth
grade students to support local reading literacy initiatives including reading programs, materials, professional development, tutoring, tutor recruitment and training, and parental involvement.
Grants awarded by the OhioReads Council are intended to
improve reading
outcomes, especially on reading
proficiency tests.
SAFE AND SUPPORTIVE SCHOOLS
Of the foregoing appropriation item 200-578, Safe and Supportive Schools, up to $224,250 in fiscal year 2004 shall be used to fund a safe school center to provide resources for parents and for school and law enforcement personnel. The remainder of the appropriation shall be distributed based on guidelines developed by the Department of Education to enhance school safety. The guidelines shall provide a list of research-based best practices and programs from which local grantees shall select based on local needs. These practices shall include, but not be limited to, school resource officers and safe and drug free school coordinators, a safe school help line, and social-emotional development programs.
Section 40.17. PROPERTY TAX ALLOCATION
- EDUCATION
The Superintendent of Public Instruction shall not request,
and the Controlling Board shall not approve, the transfer of funds
from appropriation item 200-901, Property Tax
Allocation - Education, to any other appropriation item.
The appropriation item 200-901, Property Tax Allocation -
Education, is appropriated to
pay for the state's costs
incurred
due to the homestead exemption
and the property tax rollback. In
cooperation with the Department
of Taxation, the Department of
Education shall
distribute these
funds directly to the appropriate
school districts of the
state,
notwithstanding sections 321.24 and
323.156 of
the
Revised Code, which provide for payment of the
homestead
exemption and
property tax rollback by the Tax
Commissioner to the
appropriate county
treasurer and the
subsequent redistribution of
these funds to the appropriate
local
taxing districts by the
county auditor.
Appropriation item 200-906, Tangible Tax Exemption -
Education, is appropriated to
pay for the state's costs
incurred
due to the tangible personal
property tax exemption required by
division (C)(3) of section
5709.01 of the Revised Code. In
cooperation with
the Department
of Taxation, the Department of
Education shall distribute to
each
county treasurer the total
amount certified by the county
treasurer
pursuant to section
319.311 of the Revised Code, for all
school districts
located in
the county, notwithstanding the
provision in section 319.311 of
the
Revised Code which provides
for payment
of the $10,000
tangible personal property tax
exemption by the Tax
Commissioner
to the appropriate county
treasurer for all local taxing
districts
located in the county.
Pursuant to division (G) of section 321.24
of the Revised Code,
the county auditor shall distribute the
amount paid by
the
Department of Education among the appropriate
school districts.
Upon receipt of these amounts, each school district shall
distribute the
amount among the proper funds as if it had been
paid as real or tangible
personal property taxes. Payments for
the costs of administration shall
continue to be paid to the
county treasurer and county auditor as provided for
in sections
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation
items 200-901, Property Tax
Allocation - Education, for the homestead
exemption and the
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property
tax
exemption payments, which are determined to be necessary for
these purposes,
are hereby appropriated.
Section 40.18. TEACHER CERTIFICATION AND LICENSURE
The foregoing appropriation item 200-681, Teacher
Certification and Licensure, shall be used by the Department of
Education in
each year of the biennium to administer teacher
certification and licensure
functions pursuant to sections
3301.071, 3301.074, 3301.50,
3301.51, 3319.088, 3319.22, 3319.24
to 3319.28, 3319.281,
3319.282, 3319.29, 3319.301, 3319.31, and
3319.51 of the Revised
Code.
SCHOOL DISTRICT SOLVENCY ASSISTANCE
Of the foregoing appropriation item 200-687, School District
Solvency Assistance, $9,000,000 in each fiscal year shall be
allocated to the School District Shared Resource Account and
$9,000,000 in each fiscal year shall be allocated to the
Catastrophic Expenditures Account. These funds shall be used to
provide assistance and grants to
school
districts to enable them
to remain solvent pursuant to section
3316.20
of the Revised Code.
Assistance and grants shall be subject to
approval by the
Controlling Board. Any required reimbursements from
school
districts
for solvency assistance shall be made to the appropriate
account in the School
District Solvency Assistance Fund (Fund 5H3).
Section 40.19. TITLE IV-A HEAD START PLUS/TITLE IV-A HEAD START
The foregoing appropriation item 200-663, Head Start Plus/Head Start, shall be used to reimburse Title IV-A Head Start Plus/Title IV-A Head Start programs for services to children in accordance with sections 3301.31 to 3301.37 of the Revised Code. The Department of Education shall administer the Title IV-A Head Start Plus/Title IV-A Head Start programs in accordance with an interagency agreement between the Departments of Education and Job and Family Services. Title IV-A Head Start Plus/Title IV-A Head Start providers shall meet all requirements as outlined in section 3301.311 of the Revised Code. The Department of Education shall adopt policies and procedures to establish a procedure for approving Title IV-A Head Start Plus/Title IV-A Head Start agencies. Up to $2,000,000 in each fiscal year may be used by the Department of Education to provide program support and technical assistance.
Of the foregoing appropriation item 200-663, Head Start Plus/Head Start, up to $80,000,000 in fiscal year 2004 and up to $81,600,000 in fiscal year 2005 shall be used to support the Title IV-A Head Start Plus initiative. Title IV-A Head Start Plus shall provide up to 10,000 slots of full-day, full-year programming for children at least three years of age and not kindergarten age eligible. The program shall meet the child care needs of low-income families who meet eligibility requirements established in rules and administrative orders adopted by the Ohio Department of Job and Family Services and provide early education and comprehensive services as provided through the Title IV-A Head Start program before the enactment of this act.
Of the foregoing appropriation item 200-663, Head Start Plus/Head Start, up to $19,200,000 in fiscal year 2004 and up to $19,584,000 in fiscal year 2005 shall be used to support up to 4,000 slots of traditional partial-day, partial-year Title IV-A Head Start services.
The Department of Education shall adopt rules in accordance with Chapter 119. of the Revised Code to establish standards for the purpose of assessing Title IV-A Head Start Plus/Head Start agencies and contract compliance. The Department of Education shall require Title IV-A Head Start Plus/Title IV-A Head Start providers to document child progress using research-based indicators as prescribed by the department and report results annually.
The Department of Education shall provide an annual report to the Governor, the Speaker of the House of Representatives, the President of the Senate, the State Board of Education, Title IV-A Head Start Plus/Title IV-A Head Start providers, and other interested parties regarding the Title IV-A Head Start Plus/Title IV-A Head Start program and performance indicators as outlined by the Department of Education.
AUXILIARY SERVICES REIMBURSEMENT
Notwithstanding section 3317.064 of the Revised Code, if the
unobligated cash balance is sufficient, the Treasurer of
State
shall transfer $1,500,000 in fiscal year 2004 within thirty
days
after the effective date of this section and $1,500,000 in fiscal
year 2005 by August 1, 2004, from the Auxiliary Services
Personnel
Unemployment Compensation Fund to the Department of
Education's
Auxiliary Services Reimbursement Fund (Fund 598).
Section 40.20. LOTTERY PROFITS EDUCATION FUND
Appropriation item 200-612, Base Cost
Funding (Fund 017),
shall
be used in conjunction with appropriation item
200-501, Base
Cost
Funding (GRF), to provide payments to school districts
pursuant
to
Chapter 3317. of
the Revised Code.
The Department of Education, with the approval of the
Director of Budget and Management, shall determine the monthly
distribution schedules of appropriation item 200-501, Base Cost
Funding (GRF), and
appropriation item 200-612, Base Cost Funding
(Fund 017). If adjustments to the
monthly
distribution schedule
are
necessary, the Department of
Education shall make such
adjustments with the approval of the
Director of Budget and
Management.
The Director of Budget and Management shall transfer via
intrastate transfer
voucher the
amount appropriated under the
Lottery Profits Education Fund for
appropriation item 200-682,
Lease Rental Payment Reimbursement, to the General
Revenue Fund on
a schedule determined by the director. These funds shall
support
the appropriation item 230-428, Lease
Rental Payments (GRF), of
the
School Facilities
Commission.
* LOTTERY PROFITS TRANSFERS
On or before the first day of May of each fiscal year, the Director
of
Budget and
Management shall determine if lottery profits
transfers
will meet
the appropriation amounts from the Lottery
Profits
Education
Fund.
Section 40.21. LOTTERY PROFITS EDUCATION RESERVE FUND
(A) There is hereby created the Lottery Profits Education
Reserve
Fund (Fund 018) in the State Treasury. At no time shall
the amount
to the credit of the fund exceed $75,000,000.
Investment earnings
of the Lottery Profits Education Reserve Fund
shall be credited to
the fund. Notwithstanding any provisions of
law to the contrary,
for fiscal years 2004 and 2005, there is
appropriated to
the Department of Education, from the
Lottery
Profits Education
Reserve Fund, an amount necessary to
make loans
authorized by
sections 3317.0210, 3317.0211, and
3317.62 of the
Revised Code.
All loan repayments from loans made
in fiscal years
1992, 1993,
1994, 1995, 1996, 1997, 1998, or 1999
shall be
deposited into the
credit of the Lottery Profits
Education Reserve
Fund.
(B)(1) On or before July 15, 2003, the Director of Budget
and
Management shall determine the amount by which lottery profit
transfers received by the Lottery Profits Education Fund for
fiscal year 2003 exceed $637,722,600.
The amount so certified
shall be distributed in fiscal year 2004 pursuant to
division (C)
of this section.
(2) On or before July 15, 2004, the Director of Budget and
Management shall determine the amount by which lottery profit
transfers received by the Lottery Profits Education Fund for
fiscal year 2004 exceed $637,900,000. The amount so determined
shall be distributed in fiscal year 2005 pursuant to division (D) of this section.
The Director of Budget and Management shall annually certify
the
amounts determined pursuant to this section to the Speaker of
the
House of Representatives and the President of the Senate.
(C) In fiscal year 2004, if there is a balance
in the Lottery Profits Education
Fund, the moneys shall be
allocated as provided in this division.
Any amounts so allocated
are appropriated.
An amount equal to five per cent of the estimated lottery
profits of $637,722,600 in fiscal year 2003 or the amount
remaining in the fund, whichever is the lesser amount, shall be
transferred to the Lottery Profits Education Reserve Fund within
the limitations specified in division (A) of this section and be
reserved and shall not be available for allocation or distribution
during fiscal year 2004. Any amounts exceeding $75,000,000 shall
be distributed pursuant to division (E) of this
section.
(D) In fiscal year 2005, if there is a balance
in the Lottery Profits Education
Fund, the moneys shall be
allocated as provided in this division.
Any amounts so allocated
are appropriated.
An amount equal to five per cent of the estimated lottery
profits transfers of $637,900,000 in fiscal year 2004 or the
amount remaining in the fund, whichever is the lesser amount,
shall be transferred to the Lottery Profits Education Reserve Fund
within the limitations specified in division (A) of this section
and be reserved and shall not be available for allocation or
distribution during fiscal year 2005. Any amounts exceeding
$75,000,000 shall be distributed pursuant to division (E)
of this
section.
(E) In the appropriate fiscal year, any remaining amounts
after
the operations required by division (C) or (D) of this
section,
respectively, shall be transferred to the Public School
Building Fund (Fund
021) and such amount is appropriated to
appropriation item CAP-622,
Public School Buildings, in the School
Facilities Commission.
Section 40.22. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT
The foregoing appropriation item 200-900, School District
Property Tax Replacement, shall be used by the Department of
Education, in consultation with the Department of Taxation, to
make payments to school districts and joint vocational school
districts pursuant to section 5727.85 of the Revised Code.
Section 40.23. * DISTRIBUTION FORMULAS
The Department of Education shall report the following to the
Director of Budget and Management, the Legislative Office of
Education Oversight, and the
Legislative Service Commission:
(A) Changes in formulas for distributing state
appropriations, including administratively defined formula
factors;
(B) Discretionary changes in formulas for distributing
federal appropriations;
(C) Federally mandated changes in formulas for distributing
federal appropriations.
Any such changes shall be reported two weeks prior to the
effective date of the change.
Section 40.24. DISTRIBUTION - SCHOOL DISTRICT SUBSIDY
PAYMENTS
This section shall not take effect
unless
the Director of
Budget and Management adopts an order
putting it
into effect and
certifies a copy of the order to
the
Superintendent of Public
Instruction and the Controlling
Board.
Notwithstanding any other provision of the Revised Code,
the
monthly distribution of payments made to school districts and
educational
service centers pursuant to section 3317.01 of the
Revised Code for the first
six
months of each fiscal year shall
equal, as nearly as possible,
six and two-thirds per cent of the
estimate of the amounts
payable for each fiscal year. The monthly
distribution of
payments for the last six months of each fiscal
year shall equal,
as nearly as possible, ten per cent of the final
calculation of
the amounts payable to each school district for
that fiscal year.
The treasurer of each school district or educational service
center may
accrue, in
addition to the payments defined in this
section, to the accounts
of the calendar years that end during
each fiscal year, the
difference between the sum of the first six
months' payments in
each fiscal year and the amounts the district
would have received
had the payments been made in, as nearly as
possible in each
fiscal year, twelve equal monthly payments.
Notwithstanding the limitations on the amount of borrowing
and time of payment provided for in section 133.10 of the Revised
Code but subject to sections 133.26 and 133.30
of the Revised
Code, a board of education of a school district
may
at any time
between July 1, 2003, and December 31, 2003, or
at any
time
between July 1, 2004, and December 31, 2004, borrow
money to
pay
any necessary and actual expenses of the school
district
during
the last six months of calendar years 2003 and
2004 and in
anticipation of the receipt of any portion of the
payments to be
received by that district in the first six months
of calendar
years 2004 and 2005 representing the respective
amounts accrued
pursuant to the preceding paragraph, and issue
notes to evidence
that borrowing to mature not later than the
thirtieth day of June
of the calendar year following the calendar
year in which such
amount was borrowed. The principal amount
borrowed in the last
six months of calendar years 2003 or 2004
under this paragraph may
not exceed the entire amount accrued or
to be accrued by the
district treasurer in those calendar years
pursuant to the
preceding paragraph. The proceeds of the notes
shall be used only
for the purposes for which the anticipated
receipts are lawfully
appropriated by the board of education. No
board of education
shall be required to use the authority granted
by this paragraph.
The receipts so anticipated, and additional
amounts from
distributions to the districts in the first six
months of calendar
years 2004 and 2005 pursuant to Chapter 3317.
of the Revised Code
needed to pay the interest on the notes,
shall be deemed
appropriated by the board of education to the
extent necessary for
the payment of the principal of and interest
on the notes at
maturity, and the amounts necessary to make those
monthly
distributions are appropriated from the General
Revenue
Fund. For
the purpose of better ensuring the prompt
payment of
principal of
and interest on the notes when due, the
resolution of
the board of
education authorizing the notes may
direct that the
amount of the
receipts anticipated, together with
those additional
amounts
needed to pay the interest on the
borrowed amounts, shall
be
deposited and segregated, in trust or
otherwise, to the extent,
at
the time or times, and in the manner
provided in that
resolution.
The borrowing authorized by this
section does not
constitute debt
for purposes of section 133.04
of the Revised
Code. School
districts shall be reimbursed by the
state for all
necessary and
actual costs to districts arising
from this
provision, including,
without limitation, the interest
paid on the
notes while the notes
are outstanding. The
Department of
Education shall adopt rules
that are not
inconsistent with this
section for school district
eligibility and
application for
reimbursement of such costs.
Payments of these
costs shall be
made out of any anticipated
balances in
appropriation items
distributed under Chapter 3317. of
the
Revised Code. The
department shall submit all requests for
reimbursement under these
provisions to the Controlling Board for
approval.
During the last six months of each calendar year, instead
of
deducting the amount the Superintendent of Public Instruction
would
otherwise deduct from a school
district's or educational
service center's state aid payments in accordance
with the
certifications made for such year pursuant to sections 3307.56
and
3309.51 of the Revised Code, the superintendent
shall deduct an
amount equal to forty per cent of the
amount so certified. The
secretaries of the retirement systems
shall compute the
certifications for the ensuing year under such
sections as if the
entire amounts certified as due in the
calendar year ending the
current fiscal year, but not deducted
pursuant to this paragraph,
had been deducted and paid in that
calendar year. During the
first six months of the ensuing
calendar year, in addition to
deducting the amounts the Superintendent of
Public Instruction is
required to deduct under such sections during such period, the
superintendent shall deduct from a district's or educational
service center's
state aid payments
an additional amount equal to
the amount that was certified as
due from the district for the
calendar year that ends during the
fiscal year, but that was not
deducted because of this
paragraph. The superintendent's
certifications to the Director
of Budget and Management during the
first six months of the
calendar year shall reflect such
additional deduction.
Section 40.25. EDUCATIONAL SERVICE CENTERS FUNDING
Notwithstanding division (B) of section 3317.11 of the
Revised Code, no funds
shall be provided to an educational service
center in fiscal year 2004 for
any pupils of a city or exempted
village school district unless an agreement
to provide services
under section 3313.843 of the Revised Code was entered
into by
January 1, 1997, except that funds shall be provided to an
educational
service center for any pupils of a city school
district if the agreement to
provide services was entered into
within one year of the date upon which such
district changed from
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2004 for the
purposes of
division (B) of section 3317.11 of
the Revised Code,
the Department shall
first distribute to each
educational service
center $37 per pupil in its
service center
ADM, as defined in that
section. The remaining funds in fiscal year 2004 shall be
distributed proportionally, on a per-student
basis, to each educational service center for its client ADM, as
defined in that section, that is
attributable to each city and
exempted village school district
that had
entered into an
agreement with an educational service
center for that fiscal
year
under section 3313.843 of the Revised
Code by January 1, 1997.
Section 40.26. * For the school year commencing July 1,
2003,
or the school year commencing July 1, 2004, or both, the
Superintendent of Public Instruction may waive for the board of
education of any school district the ratio of teachers to pupils
in kindergarten through fourth grade required under paragraph
(A)(3) of rule 3301-35-05 of the Administrative Code if the
following conditions apply:
(A) The board of education requests the waiver.
(B) After the Department of Education conducts an on-site
evaluation of the district related to meeting the required ratio,
the board of education demonstrates to the satisfaction of the
Superintendent of Public Instruction
that providing the facilities
necessary to meet the
required ratio during the district's regular
school hours with
pupils in attendance would impose an extreme
hardship on the
district.
(C) The board of education provides assurances that are
satisfactory to the Superintendent of Public Instruction that the
board will act in good faith to meet the required ratio as soon
as
possible.
Section 40.27. PRIVATE TREATMENT FACILITY PILOT PROJECT
(A) As used in this section:
(1) The following are
"participating residential treatment
centers":
(a) Private residential treatment facilities that have
entered into a contract with the Department of Youth
Services
to
provide services to children placed at the facility
by the
Department and which, in fiscal year 2004, the
Department pays through appropriation item 470-401,
Care and
Custody;
(c) Paint Creek, in Bainbridge;
(e) Friars Club, in Cincinnati.
(2)
"Education program" means an elementary or secondary
education program or a special education program and related
services.
(3)
"Served child" means any child receiving an education
program pursuant to division (B) of this section.
(4)
"School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition
payment for a child by a school district is required under law
that existed
in fiscal year 1998,
is the school district required
to pay that tuition.
(5)
"Residential child" means a child who resides in a
participating residential treatment center and who is receiving
an
educational program under division (B) of this section.
(B) A youth who is a resident of the state and
has been
assigned by a juvenile court or other authorized agency
to a
residential treatment facility specified in division (A)
of this
section shall be enrolled in an approved educational program
located
in
or near the facility. Approval of the educational
program shall
be contingent upon compliance with the criteria
established for
such programs by the Department of Education.
The
educational program shall be provided by a
school district or
educational service center, or by the
residential facility itself.
Maximum flexibility shall be given
to the residential treatment
facility to determine the
provider. In the event that a voluntary
agreement cannot be reached and
the residential facility does not
choose to provide the
educational program, the educational service
center in the
county in which the facility is located shall
provide the
educational program at the treatment center to
children under twenty-two years of age residing in the
treatment
center.
(C) Any school district responsible
for tuition for a
residential child shall, notwithstanding any
conflicting provision
of the Revised Code regarding tuition
payment, pay tuition for the
child for fiscal year 2004 to the education program
provider and in the amount
specified in this division. If there
is no school district
responsible for tuition for a residential
child and if the
participating residential treatment center to
which the child is
assigned is located in the city, exempted
village, or local
school district that, if the child were not a
resident of that
treatment center, would be the school district
where the child
is entitled to attend school under sections
3313.64 and 3313.65
of the Revised Code, that school district, notwithstanding
any conflicting provision of the Revised
Code, shall pay tuition for
the child for fiscal year 2004
under this division
unless that school district is providing the
educational program
to the child under division (B) of this
section.
A tuition payment under this division shall be made to the
school district, educational service center, or residential
treatment facility providing the educational program to the
child.
The amount of tuition paid shall be:
(1) The amount of tuition determined for the district under
division (A) of
section 3317.08 of the Revised Code;
(2) In addition, for any student receiving special education
pursuant to an
individualized education program as defined in
section 3323.01 of the Revised
Code, a payment for excess costs.
This payment shall equal the actual cost to
the school district,
educational service center, or residential treatment
facility of
providing special education and related
services to the student
pursuant to the student's individualized education
program, minus
the tuition paid for the child under division (C)(1) of this
section.
A school district paying tuition under this division shall
not include the
child for whom tuition is paid in the district's
average daily membership
certified under division (A) of section
3317.03 of the Revised Code.
(D) In fiscal year 2004, the Department of
Education shall reimburse, from appropriations made for the
purpose, a school district, educational service center, or
residential
treatment facility, whichever is providing the
service, that
has demonstrated that it is in compliance with the
funding
criteria for each served child for whom a school district
must pay tuition
under division (C) of this section. The amount
of
the reimbursement
shall be the formula
amount specified in section
3317.022 of the Revised Code, except
that the department shall
proportionately reduce this
reimbursement if sufficient funds are not
available to pay this
amount to all qualified providers.
(E) Funds provided to a school district, educational service
center, or
residential treatment facility under this section shall
be used to supplement, not supplant, funds from other public
sources for
which
the school district, service center, or
residential treatment facility is
entitled or eligible.
(F) The Department of Education shall track the utilization
of funds
provided
to school districts, educational service
centers, and residential treatment
facilities under this section
and monitor the effect of the funding on the
educational programs
they provide in participating residential
treatment facilities.
The department shall monitor the programs for
educational
accountability.
Section 40.28. SCHOOL DISTRICT PARTICIPATION IN NATIONAL
ASSESSMENT OF EDUCATION PROGRESS
The General Assembly intends for the Superintendent of Public
Instruction to
provide for school district participation in the
administration of the
National
Assessment of Education Progress in accordance
with section 3301.27 of
the Revised Code.
Section 40.29. Notwithstanding division (C)(1) of
section
3313.975 of the
Revised Code, in addition to students in
kindergarten through third grade,
initial scholarships may be
awarded to fourth, fifth, sixth, seventh, and eighth grade
students
in fiscal year
2004.
Section 40.30. STATEMENT OF STATE SHARE PERCENTAGE FOR BASE
COST AND PARITY AID FUNDING
Pursuant to division (D)(3) of section 3317.012 of the
Revised Code, and based on the most recent data available prior to
the enactment of this act, the General Assembly has determined
that the state share percentage of base cost and parity aid
funding for the update year (fiscal year 2002) is 49.0%. This is
the target percentage for fiscal year 2004 that the
General Assembly shall use to fulfill its obligation under
division (D)(4) of section 3317.012 of the Revised Code.
Pursuant to division (D)(4) of section 3317.012 of the
Revised Code, and based on the most recent data available prior to
the enactment of this act, the General Assembly has determined
that the state share percentage of base cost and parity aid
funding for fiscal year 2004 is 48.5%. This determination
fulfills the General Assembly's obligation under that division for
fiscal year 2004.
Section 40.31. DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS
FOR STUDENT ASSESSMENT
In fiscal year 2004, if the Superintendent of Public Instruction determines that additional funds are needed to fully fund the requirements of Am. Sub. S.B. 1 of the 124th General Assembly for assessments of student performance, the Superintendent of Public Instruction may recommend the reallocation of unspent and unencumbered appropriations within the Department of Education to the General Revenue Fund appropriation item 200-437, Student Assessment, to the Director of Budget and Management. If the Director of Budget and Management determines that such a reallocation is required, the Director of Budget and Management may transfer unspent and unencumbered funds within the Department of Education as necessary to appropriation item 200-437, Student Assessment.
Section 41. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS
NETWORK
COMMISSION
GRF |
374-100 |
|
Personal Services |
|
$ |
1,357,108 |
|
$ |
1,385,667 |
GRF |
374-200 |
|
Maintenance |
|
$ |
889,202 |
|
$ |
888,488 |
GRF |
374-300 |
|
Equipment |
|
$ |
97,500 |
|
$ |
97,500 |
GRF |
374-401 |
|
Statehouse News Bureau |
|
$ |
190,265 |
|
$ |
185,508 |
GRF |
374-402 |
|
Ohio Government Telecommunications Studio |
|
$ |
705,938 |
|
$ |
688,289 |
GRF |
374-403 |
|
Ohio SONET |
|
$ |
2,202,900 |
|
$ |
2,147,828 |
GRF |
374-404 |
|
Telecommunications Operating Subsidy |
|
$ |
3,917,199 |
|
$ |
3,819,269 |
TOTAL GRF General Revenue Fund |
|
$ |
9,360,112 |
|
$ |
9,212,549 |
General Services Fund Group
4F3 |
374-603 |
|
Affiliate Services |
|
$ |
3,067,447 |
|
$ |
3,067,447 |
4T2 |
374-605 |
|
Government Television/Telecommunications Operating |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
3,217,447 |
|
$ |
3,217,447 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
12,577,559 |
|
$ |
12,429,996 |
The foregoing appropriation item 374-401, Statehouse News
Bureau, shall be used solely to support the operations of the
Ohio
Statehouse News Bureau.
OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO
The foregoing appropriation item 374-402, Ohio Government
Telecommunications Studio, shall be used solely to support the
operations of
the Ohio Government Telecommunications Studio.
The foregoing appropriation item 374-403, Ohio SONET, shall
be used by the Ohio Educational Telecommunications Network
Commission to pay monthly operating expenses and maintenance of
the television and radio transmission infrastructure.
TELECOMMUNICATIONS OPERATING SUBSIDY
The foregoing appropriation item 374-404, Telecommunications
Operating
Subsidy, shall be distributed by the Ohio Educational
Telecommunications
Network Commission to Ohio's qualified public
educational television stations,
radio reading services, and
educational radio stations to support their
operations. The funds
shall be distributed pursuant to an allocation
developed by the
Ohio Educational Telecommunications Network Commission.
Section 42. ELC OHIO ELECTIONS COMMISSION
GRF |
051-321 |
|
Operating Expenses |
|
$ |
303,702 |
|
$ |
303,702 |
TOTAL GRF General Revenue Fund |
|
$ |
303,702 |
|
$ |
303,702 |
State Special Revenue Fund Group
4P2 |
051-601 |
|
Ohio Elections |
|
|
|
|
|
|
|
|
|
Commission Fund |
|
$ |
312,716 |
|
$ |
321,766 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
312,716 |
|
$ |
321,766 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
616,418 |
|
$ |
625,468 |
Section 43. FUN STATE BOARD OF EMBALMERS AND FUNERAL
DIRECTORS
General Services Fund Group
4K9 |
881-609 |
|
Operating Expenses |
|
$ |
563,639 |
|
$ |
594,870 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
563,639 |
|
$ |
594,870 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
563,639 |
|
$ |
594,870 |
Section 44. ERB STATE EMPLOYMENT RELATIONS BOARD
GRF |
125-321 |
|
Operating Expenses |
|
$ |
3,268,338 |
|
$ |
3,268,338 |
TOTAL GRF General Revenue Fund |
|
$ |
3,268,338 |
|
$ |
3,268,338 |
General Services Fund Group
572 |
125-603 |
|
Training and Publications |
|
$ |
75,541 |
|
$ |
75,541 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
75,541 |
|
$ |
75,541 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,343,879 |
|
$ |
3,343,879 |
Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS
General Services Fund Group
4K9 |
892-609 |
|
Operating Expenses |
|
$ |
999,150 |
|
$ |
1,041,369 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
999,150 |
|
$ |
1,041,369 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
999,150 |
|
$ |
1,041,369 |
Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY
GRF |
715-403 |
|
Clean Ohio |
|
$ |
788,985 |
|
$ |
788,985 |
GRF |
715-501 |
|
Local Air Pollution Control |
|
$ |
1,119,878 |
|
$ |
1,091,882 |
GRF |
717-321 |
|
Surface Water |
|
$ |
9,333,376 |
|
$ |
9,358,950 |
GRF |
718-321 |
|
Groundwater |
|
$ |
1,195,001 |
|
$ |
1,163,554 |
GRF |
719-321 |
|
Air Pollution Control |
|
$ |
2,841,739 |
|
$ |
2,852,106 |
GRF |
721-321 |
|
Drinking Water |
|
$ |
2,979,503 |
|
$ |
3,191,204 |
GRF |
723-321 |
|
Hazardous Waste |
|
$ |
110,184 |
|
$ |
107,284 |
GRF |
724-321 |
|
Pollution Prevention |
|
$ |
765,137 |
|
$ |
745,002 |
GRF |
725-321 |
|
Laboratory |
|
$ |
1,290,237 |
|
$ |
1,293,971 |
GRF |
726-321 |
|
Corrective Actions |
|
$ |
1,253,593 |
|
$ |
1,255,080 |
TOTAL GRF General Revenue Fund |
|
$ |
21,677,633 |
|
$ |
21,848,018 |
General Services Fund Group
199 |
715-602 |
|
Laboratory Services |
|
$ |
1,042,081 |
|
$ |
1,045,654 |
219 |
715-604 |
|
Central Support Indirect |
|
$ |
15,239,297 |
|
$ |
15,544,407 |
4A1 |
715-640 |
|
Operating Expenses |
|
$ |
3,308,758 |
|
$ |
3,369,731 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
19,590,136 |
|
$ |
19,959,792 |
Federal Special Revenue Fund Group
3F2 |
715-630 |
|
Revolving Loan Fund - Operating |
|
$ |
80,000 |
|
$ |
80,000 |
3F3 |
715-632 |
|
Fed Supported Cleanup and Response |
|
$ |
2,792,648 |
|
$ |
2,326,434 |
3F4 |
715-633 |
|
Water Quality Management |
|
$ |
737,850 |
|
$ |
712,850 |
3F5 |
715-641 |
|
Nonpoint Source Pollution Management |
|
$ |
7,090,002 |
|
$ |
7,155,000 |
3J1 |
715-620 |
|
Urban Stormwater |
|
$ |
850,000 |
|
$ |
956,001 |
3K2 |
715-628 |
|
Clean Water Act 106 |
|
$ |
4,125,992 |
|
$ |
4,125,992 |
3K4 |
715-634 |
|
DOD Monitoring and Oversight |
|
$ |
1,462,173 |
|
$ |
1,450,333 |
3K6 |
715-639 |
|
Remedial Action Plan |
|
$ |
416,000 |
|
$ |
385,001 |
3N1 |
715-655 |
|
Pollution Prevention Grants |
|
$ |
10,172 |
|
$ |
0 |
3N4 |
715-657 |
|
DOE Monitoring and Oversight |
|
$ |
3,362,932 |
|
$ |
3,427,442 |
3V7 |
715-606 |
|
Agencywide Grants |
|
$ |
100,268 |
|
$ |
0 |
352 |
715-611 |
|
Wastewater Pollution |
|
$ |
252,000 |
|
$ |
265,002 |
353 |
715-612 |
|
Public Water Supply |
|
$ |
2,480,989 |
|
$ |
2,484,114 |
354 |
715-614 |
|
Hazardous Waste Management - Federal |
|
$ |
4,195,192 |
|
$ |
4,203,891 |
357 |
715-619 |
|
Air Pollution Control - Federal |
|
$ |
5,447,334 |
|
$ |
5,599,501 |
362 |
715-605 |
|
Underground Injection Control - Federal |
|
$ |
101,874 |
|
$ |
101,874 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
33,505,426 |
|
$ |
33,273,435 |
State Special Revenue Fund Group
3T3 |
715-669 |
|
Drinking Water SRF |
|
$ |
3,631,132 |
|
$ |
3,716,777 |
4J0 |
715-638 |
|
Underground Injection Control |
|
$ |
379,488 |
|
$ |
394,385 |
4K2 |
715-648 |
|
Clean Air - Non Title V |
|
$ |
3,092,801 |
|
$ |
3,370,002 |
4K3 |
715-649 |
|
Solid Waste |
|
$ |
14,286,500 |
|
$ |
14,698,987 |
4K4 |
715-650 |
|
Surface Water Protection |
|
$ |
9,380,180 |
|
$ |
9,380,181 |
4K5 |
715-651 |
|
Drinking Water Protection |
|
$ |
6,294,334 |
|
$ |
6,255,946 |
4P5 |
715-654 |
|
Cozart Landfill |
|
$ |
146,792 |
|
$ |
149,728 |
4R5 |
715-656 |
|
Scrap Tire Management |
|
$ |
5,800,000 |
|
$ |
6,000,000 |
4R9 |
715-658 |
|
Voluntary Action Program |
|
$ |
603,435 |
|
$ |
795,671 |
4T3 |
715-659 |
|
Clean Air - Title V Permit Program |
|
$ |
16,950,003 |
|
$ |
16,650,001 |
4U7 |
715-660 |
|
Construction
& Demolition Debris |
|
$ |
220,000 |
|
$ |
220,000 |
5H4 |
715-664 |
|
Groundwater Support |
|
$ |
1,768,661 |
|
$ |
1,797,036 |
5N2 |
715-613 |
|
Dredge and Fill |
|
$ |
30,000 |
|
$ |
30,000 |
5S1 |
715-607 |
|
Clean Ohio - Operating |
|
$ |
206,735 |
|
$ |
208,174 |
500 |
715-608 |
|
Immediate Removal Special Account |
|
$ |
475,024 |
|
$ |
482,000 |
503 |
715-621 |
|
Hazardous Waste Facility Management |
|
$ |
11,051,591 |
|
$ |
11,465,671 |
503 |
715-662 |
|
Hazardous Waste Facility Board |
|
$ |
566,350 |
|
$ |
576,619 |
505 |
715-623 |
|
Hazardous Waste Cleanup |
|
$ |
10,862,544 |
|
$ |
11,557,987 |
505 |
715-674 |
|
Clean Ohio Environmental Review |
|
$ |
999,896 |
|
$ |
1,179,249 |
541 |
715-670 |
|
Site Specific Cleanup |
|
$ |
344,448 |
|
$ |
345,075 |
542 |
715-671 |
|
Risk Management Reporting |
|
$ |
142,087 |
|
$ |
146,188 |
6A1 |
715-645 |
|
Environmental Education |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
602 |
715-626 |
|
Motor Vehicle Inspection and Maintenance |
|
$ |
1,444,464 |
|
$ |
1,437,398 |
644 |
715-631 |
|
ER Radiological Safety |
|
$ |
281,424 |
|
$ |
286,114 |
660 |
715-629 |
|
Infectious Waste Management |
|
$ |
160,000 |
|
$ |
160,000 |
676 |
715-642 |
|
Water Pollution Control Loan Administration |
|
$ |
4,858,798 |
|
$ |
4,964,625 |
678 |
715-635 |
|
Air Toxic Release |
|
$ |
314,081 |
|
$ |
210,662 |
679 |
715-636 |
|
Emergency Planning |
|
$ |
2,798,648 |
|
$ |
2,828,647 |
696 |
715-643 |
|
Air Pollution Control Administration |
|
$ |
750,002 |
|
$ |
750,000 |
699 |
715-644 |
|
Water Pollution Control Administration |
|
$ |
625,000 |
|
$ |
625,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
99,964,418 |
|
$ |
102,182,123 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
174,737,613 |
|
$ |
177,263,368 |
Notwithstanding any other provision of law to the contrary, the Director of Environmental Protection, with the approval of the Director of Budget and Management, shall utilize a methodology for determining each division's payments into the Central Support Indirect Fund (Fund 219). The methodology used shall contain the characteristics of administrative ease and uniform application. Payments to the Central Support Indirect Fund (Fund 219) shall be made using an intrastate transfer voucher.
The foregoing appropriation item 715-607, Clean Ohio - Operating, shall be used by the Ohio Environmental Protection Agency in administering sections 122.65 to 122.658 of the Revised Code.
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION
GRF |
172-321 |
|
Operating Expenses |
|
$ |
437,131 |
|
$ |
439,109 |
TOTAL GRF General Revenue Fund |
|
$ |
437,131 |
|
$ |
439,109 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
437,131 |
|
$ |
439,109 |
Section 48. ETH OHIO ETHICS COMMISSION
GRF |
146-321 |
|
Operating Expenses |
|
$ |
1,286,869 |
|
$ |
1,351,213 |
TOTAL GRF General Revenue Fund |
|
$ |
1,286,869 |
|
$ |
1,351,213 |
General Services Fund Group
4M6 |
146-601 |
|
Operating Expenses |
|
$ |
409,543 |
|
$ |
383,543 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
409,543 |
|
$ |
383,543 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,696,412 |
|
$ |
1,734,756 |
Section 49. EXP OHIO EXPOSITIONS COMMISSION
GRF |
723-403 |
|
Junior Fair Subsidy |
|
$ |
465,412 |
|
$ |
465,412 |
TOTAL GRF General Revenue Fund |
|
$ |
465,412 |
|
$ |
465,412 |
State Special Revenue Fund Group
4N2 |
723-602 |
|
Ohio State Fair Harness Racing |
|
$ |
520,000 |
|
$ |
520,000 |
506 |
723-601 |
|
Operating Expenses |
|
$ |
13,211,481 |
|
$ |
13,643,315 |
640 |
723-603 |
|
State Fair Reserve |
|
$ |
125,000 |
|
$ |
0 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,856,481 |
|
$ |
14,163,315 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,321,893 |
|
$ |
14,628,727 |
The foregoing appropriation item 723-603, State Fair Reserve,
shall
serve as a budget reserve fund for the Ohio Expositions
Commission
in the event of a significant decline in attendance due
to
inclement weather or extraordinary circumstances during the
Ohio
State Fair resulting in a loss of revenue. The State
Fair
Reserve may be used by the Ohio Expositions Commission to pay
bills resulting from the Ohio State Fair only if all the
following
criteria are met:
(A) Admission revenues for the 2003 Ohio State Fair are less
than
$2,542,500 or admission revenues for the 2004 Ohio State Fair
are
less than $2,619,000 due to inclement weather or extraordinary
circumstances. These amounts are ninety per cent of the projected
admission
revenues for each year.
(B) The Ohio Expositions Commission declares a state of
fiscal
exigency and requests release of funds by the Director of
Budget
and Management.
(C) The Director of Budget and Management releases the
funds. The
Director of Budget and Management may approve or
disapprove the
request for release of funds, may increase or
decrease the amount
of release, and may place such conditions as
the director considers necessary
on the use of the released funds.
The
Director of Budget and
Management may transfer appropriation
authority from fiscal year
2004 to fiscal year 2005 as needed.
In the event that the Ohio Expositions Commission faces a
temporary cash shortage that will preclude it from meeting
current obligations, the Commission may request the Director of
Budget and Management to approve use of the State Fair Reserve to
meet those obligations. The request shall include a plan
describing how the Commission will eliminate the cash shortage.
If
the Director of Budget and Management approves the
expenditures,
the Commission shall reimburse Fund 640 by the
thirtieth day of
June of that same fiscal year through an
intrastate transfer
voucher. The amount reimbursed is hereby
appropriated.
Of the foregoing appropriation item 723-603, State Fair Reserve, up to $125,000 shall be transferred in fiscal year 2004 to appropriation item 723-403, Junior Fair Subsidy.
Section 50. GOV OFFICE OF THE GOVERNOR
GRF |
040-321 |
|
Operating Expenses |
|
$ |
4,112,358 |
|
$ |
4,235,726 |
GRF |
040-403 |
|
Federal Relations |
|
$ |
510,000 |
|
$ |
510,000 |
GRF |
040-408 |
|
Office of Veterans' Affairs |
|
$ |
276,723 |
|
$ |
285,025 |
TOTAL GRF General Revenue Fund |
|
$ |
4,899,081 |
|
$ |
5,030,751 |
General Services Fund Group
412 |
040-607 |
|
Federal Relations |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GSF General Services Fund Group |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,399,081 |
|
$ |
5,530,751 |
APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR
The Governor may expend a portion of the foregoing
appropriation item 040-321,
Operating Expenses, to hire or appoint
legal counsel to be used in proceedings
involving the Governor in
the Governor's official capacity or the Governor's
office only,
without the approval of the Attorney General, notwithstanding
sections 109.02 and 109.07 of the Revised Code.
A portion of the foregoing appropriation items 040-403, Federal Relations, and 040-607, Federal Relations, may be used to support Ohio's membership in national or regional associations.
The Office of the Governor may charge any state agency of the executive branch using an intrastate transfer voucher such amounts necessary to defray the costs incurred for the conduct of federal relations associated with issues that can be attributed to the agency. Amounts collected shall be deposited to the Office of the Governor Federal Relations Fund (Fund 412).
Section 51. DOH DEPARTMENT OF HEALTH
GRF |
440-407 |
|
Animal Borne Disease and Prevention |
|
$ |
2,690,101 |
|
$ |
2,800,536 |
GRF |
440-412 |
|
Cancer Incidence Surveillance System |
|
$ |
1,038,815 |
|
$ |
1,072,556 |
GRF |
440-413 |
|
Healthy Communities |
|
$ |
4,139,009 |
|
$ |
4,257,173 |
GRF |
440-416 |
|
Child and Family Health Services |
|
$ |
9,099,971 |
|
$ |
9,099,971 |
GRF |
440-418 |
|
Immunizations |
|
$ |
8,431,975 |
|
$ |
8,600,615 |
GRF |
440-419 |
|
Sexual Assault Prevention |
|
$ |
38,671 |
|
$ |
39,689 |
GRF |
440-444 |
|
AIDS Prevention and Treatment |
|
$ |
7,589,816 |
|
$ |
8,083,676 |
GRF |
440-446 |
|
Infectious Disease Prevention |
|
$ |
439,330 |
|
$ |
454,444 |
GRF |
440-451 |
|
Lab and Public Health Prevention Programs |
|
$ |
6,085,250 |
|
$ |
6,272,279 |
GRF |
440-452 |
|
Child and Family Health Services Match |
|
$ |
1,024,017 |
|
$ |
1,025,347 |
GRF |
440-453 |
|
Health Care Quality Assurance |
|
$ |
10,453,728 |
|
$ |
10,784,109 |
GRF |
440-454 |
|
Local Environmental Health |
|
$ |
1,117,058 |
|
$ |
1,146,454 |
GRF |
440-459 |
|
Help Me Grow |
|
$ |
9,861,089 |
|
$ |
10,120,591 |
GRF |
440-461 |
|
Center for Vital and Health Stats |
|
$ |
4,667,175 |
|
$ |
4,471,099 |
GRF |
440-504 |
|
Poison Control Network |
|
$ |
300,086 |
|
$ |
307,983 |
GRF |
440-505 |
|
Medically Handicapped Children |
|
$ |
5,832,257 |
|
$ |
5,985,738 |
GRF |
440-507 |
|
Targeted Health Care Services Over 21 |
|
$ |
731,023 |
|
$ |
750,261 |
GRF |
440-508 |
|
Migrant Health |
|
$ |
91,301 |
|
$ |
93,704 |
TOTAL GRF General Revenue Fund |
|
$ |
73,630,672 |
|
$ |
75,366,225 |
General Services Fund Group
142 |
440-618 |
|
General Operations - General Services Fund |
|
$ |
1,328,346 |
|
$ |
1,417,817 |
211 |
440-613 |
|
Central Support Indirect Costs |
|
$ |
26,149,512 |
|
$ |
26,276,178 |
473 |
440-622 |
|
Lab Operating Expenses |
|
$ |
4,154,045 |
|
$ |
4,154,045 |
683 |
440-633 |
|
Employee Assistance Program |
|
$ |
1,192,234 |
|
$ |
1,192,214 |
698 |
440-634 |
|
Nurse Aide Training |
|
$ |
170,000 |
|
$ |
170,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
32,994,137 |
|
$ |
33,210,254 |
Federal Special Revenue Fund Group
320 |
440-601 |
|
Maternal Child Health Block Grant |
|
$ |
34,451,205 |
|
$ |
35,136,169 |
387 |
440-602 |
|
Preventive Health Block Grant |
|
$ |
8,200,000 |
|
$ |
8,200,000 |
389 |
440-604 |
|
Women, Infants, and Children |
|
$ |
210,000,000 |
|
$ |
220,000,000 |
391 |
440-606 |
|
Medicaid/Medicare |
|
$ |
26,294,274 |
|
$ |
26,820,159 |
392 |
440-618 |
|
General Operations - Federal Fund |
|
$ |
114,474,764 |
|
$ |
115,319,323 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
393,420,243 |
|
$ |
405,475,651 |
State Special Revenue Fund Group
4D6 |
440-608 |
|
Genetics Services |
|
$ |
2,300,000 |
|
$ |
2,300,000 |
4F9 |
440-610 |
|
Sickle Cell Disease Control |
|
$ |
1,035,344 |
|
$ |
1,035,344 |
4G0 |
440-636 |
|
Heirloom Birth Certificate |
|
$ |
5,000 |
|
$ |
5,000 |
4G0 |
440-637 |
|
Birth Certificate Surcharge |
|
$ |
5,000 |
|
$ |
5,000 |
4L3 |
440-609 |
|
Miscellaneous Expenses |
|
$ |
256,082 |
|
$ |
144,119 |
4T4 |
440-603 |
|
Child Highway Safety |
|
$ |
233,894 |
|
$ |
233,894 |
4V6 |
440-641 |
|
Save Our Sight |
|
$ |
1,733,327 |
|
$ |
1,767,994 |
470 |
440-618 |
|
General Operations - State Special Revenue |
|
$ |
14,454,867 |
|
$ |
15,953,072 |
471 |
440-619 |
|
Certificate of Need |
|
$ |
475,000 |
|
$ |
483,572 |
477 |
440-627 |
|
Medically Handicapped Children Audit |
|
$ |
4,640,498 |
|
$ |
4,733,008 |
5B5 |
440-616 |
|
Quality, Monitoring, and Inspection |
|
$ |
838,479 |
|
$ |
838,479 |
5C0 |
440-615 |
|
Alcohol Testing and Permit |
|
$ |
1,455,405 |
|
$ |
1,455,405 |
5D6 |
440-620 |
|
Second Chance Trust |
|
$ |
887,018 |
|
$ |
825,951 |
5G4 |
440-639 |
|
Adoption Services |
|
$ |
20,000 |
|
$ |
20,000 |
5L1 |
440-623 |
|
Nursing Facility Technical Assistance Program |
|
$ |
586,153 |
|
$ |
617,517 |
610 |
440-626 |
|
Radiation Emergency Response |
|
$ |
923,315 |
|
$ |
923,315 |
666 |
440-607 |
|
Medically Handicapped Children - County Assessments |
|
$ |
14,320,687 |
|
$ |
14,320,687 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
44,858,390 |
|
$ |
45,662,357 |
Holding Account Redistribution Fund Group
R14 |
440-631 |
|
Vital Statistics |
|
$ |
70,000 |
|
$ |
70,000 |
R48 |
440-625 |
|
Refunds, Grants Reconciliation, and Audit Settlements |
|
$ |
20,400 |
|
$ |
20,400 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
90,400 |
|
$ |
90,400 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
544,993,842 |
|
$ |
559,804,887 |
Section 51.01. CANCER REGISTRY SYSTEM
Of the foregoing appropriation item 440-412, Cancer Incidence
Surveillance
System, not more than $50,000 in each fiscal year shall be provided to Health Comp, Inc.
The remaining moneys in appropriation item 440-412, Cancer
Incidence
Surveillance System, shall be used to maintain and
operate the Ohio Cancer
Incidence Surveillance System pursuant to
sections 3701.261 to 3701.263 of the
Revised Code.
CHILD AND FAMILY HEALTH SERVICES
Of the foregoing appropriation item 440-416, Child and
Family
Health Services, not more than $1,700,000 in each fiscal year shall be
used for
family planning services. None of the funds received through
these family
planning grants shall be used
to provide abortion
services. None of the funds received through these family
planning grants shall be used for counseling for or referrals for
abortion, except
in the case of a medical emergency. These funds
shall be
distributed on
the basis of the relative need in the
community
served by the
Director of Health to family planning
programs,
which shall include family
planning programs funded
under Title V
of
the
"Social Security Act," 49 Stat. 620 (1935),
42
U.S.C.A.
301, as amended, and Title X of the
"Public Health
Services Act,"
58 Stat. 682 (1946), 42 U.S.C.A. 201, as
amended,
as well as to
other family planning programs that the Department
of
Health also
determines will provide services that are
physically and financially separate from abortion-providing and
abortion-promoting activities, and that do not include counseling
for or
referrals for
abortion, other than in the case of medical
emergency, with state
moneys, but that otherwise substantially
comply with the
quality
standards for such programs under Title V
and Title X.
The Director of Health, by rule, shall provide reasonable
methods by
which a grantee wishing to be eligible for federal
funding may comply with
these requirements for state funding
without losing its eligibility for
federal funding, while ensuring
that a family
planning program receiving a family planning grant
must be organized so that
it is physically and financially
separate from the provision of abortion
services and from
activities promoting abortion as a method of family
planning.
Of the foregoing appropriation item 440-416, Child and Family
Health
Services, not more than
$270,000 shall be used in each fiscal year for
the OPTIONS dental
care access program.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, not more than $900,000 in each fiscal year shall be used by
federally qualified health centers and federally designated
look-alikes to provide services to uninsured low-income persons.
SEXUAL ASSAULT PREVENTION AND INTERVENTION
The foregoing appropriation item 440-419, Sexual Assault
Prevention and Intervention, shall be used for the following
purposes:
(A) Funding of new services in counties with no services for
sexual assault;
(B) Expansion of services provided in currently funded
projects so that comprehensive crisis intervention and prevention
services are offered;
(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)
projects;
(D) Statewide expansion of local outreach and public
awareness efforts.
HIV/AIDS PREVENTION/TREATMENT
Of the foregoing appropriation item 440-444, AIDS
Prevention
and Treatment, up to $6.4 million in fiscal year 2004 and up to $6.7 million
in
fiscal year
2005 shall be used to assist persons with HIV/AIDS
in acquiring
HIV-related medications.
INFECTIOUS DISEASE PREVENTION
Of the foregoing appropriation item 440-446, Infectious Disease Prevention, not more than $200,000 in each fiscal year shall be used to reimburse boards of county commissioners pursuant to division (A) of section 339.77 of the Revised Code.
Of the foregoing appropriation item 440-446, Infectious Disease Prevention, not more than $60,000
shall
be used by the Director of
Health to reimburse
Boards of County
Commissioners for the cost of detaining indigent
persons with
tuberculosis. Any portion of the $60,000 allocated
for detainment
not used
for that purpose shall be used to make
payments to
counties pursuant to
section 339.77 of the Revised
Code.
Of the foregoing appropriation item 440-446, Infectious
Disease Prevention, not more than
$250,000 in each fiscal year shall be
used
for
the purchase of drugs for sexually transmitted diseases.
The foregoing appropriation item 440-459, Help Me Grow,
shall
be used by the Department of Health to distribute subsidies
to
counties to implement
the Help
Me Grow program.
Appropriation
item 440-459 may be
used in
conjunction with
Temporary Assistance
for Needy Families
from the
Department of Job
and Family Services,
Early Intervention funding from the Department of Mental Retardation and Developmental Disabilities,
and in conjunction
with other early
childhood funds and services
to promote the
optimal development of
young children. Local
contracts shall be
developed between local
departments of job and
family services and
family and children
first councils for the
administration of TANF
funding for the Help
Me Grow Program. The
Department of Health
shall enter into an
interagency agreement
with the Department of
Education, Department of Mental Retardation and Developmental Disabilities, Department of Job and Family Services, and Department of Mental Health to ensure that all early childhood programs and initiatives are coordinated
and school linked.
The foregoing appropriation item 440-504, Poison Control
Network, shall be used in each fiscal year by the Department of
Health for grants to the consolidated Ohio
Poison Control Center
to provide poison control services to Ohio
citizens.
TARGETED HEALTH CARE SERVICES OVER 21
In each fiscal year, appropriation item 440-507, Targeted Health Care Services Over 21, shall be used to administer the cystic fibrosis program and implement the Hemophilia Insurance Premium Payment program.
MATERNAL CHILD HEALTH BLOCK GRANT
Of the foregoing appropriation item 440-601, Maternal Child
Health Block Grant
(Fund 320), $2,091,299 shall be used in each
fiscal year for the purposes of
abstinence-only education. The
Director of Health shall develop guidelines
for the establishment
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines
shall be
pursuant to Title V of the
"Social Security Act," 42
U.S.C. 510, and shall include, but are not limited to,
advertising
campaigns and direct training in schools and other
locations.
The foregoing appropriation item 440-608, Genetics Services
(Fund
4D6), shall be used by the Department of Health to
administer
programs authorized by sections 3701.501 and 3701.502
of the Revised
Code. None of these funds shall be used to counsel
or refer for abortion, except in the case of a medical emergency.
SAFETY AND QUALITY OF CARE STANDARDS
The Department of Health may use Fund 471, Certificate of
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of
the Revised Code in each fiscal year.
MEDICALLY HANDICAPPED CHILDREN AUDIT
The Medically Handicapped Children Audit Fund (Fund 477)
shall receive revenue from audits of hospitals and recoveries
from
third-party payers. Moneys may be expended for payment of
audit
settlements and for costs directly related to obtaining
recoveries
from third-party payers and for encouraging Medically
Handicapped
Children's Program recipients to apply for
third-party benefits.
Moneys also may be expended for payments
for diagnostic and
treatment services on behalf of medically
handicapped children, as
defined in division (A) of section
3701.022 of the Revised Code,
and Ohio residents who are twenty-one
or more years of age and who
are suffering from cystic fibrosis. Moneys may also be expended
for administrative expenses incurred in operating the Medically
Handicapped Children's Program.
CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND
PERMIT FUND
The Director of Budget and Management, pursuant to a plan
submitted by the Department of Health, or as otherwise
determined
by the Director of Budget and Management, shall set a schedule to
transfer cash
from the Liquor Control Fund (Fund 043) to the
Alcohol Testing and
Permit Fund (Fund 5C0) to meet the operating
needs of the Alcohol
Testing and Permit program.
The Director of Budget and Management shall transfer to the
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control
Fund (Fund 043) established in section 4301.12 of the Revised Code
such amounts at such times as determined by the transfer schedule.
MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS
The foregoing appropriation item 440-607, Medically
Handicapped Children - County Assessments (Fund 666), shall be
used to make
payments pursuant to division (E) of section 3701.023
of the
Revised Code.
NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM
The Director of Budget and Management shall transfer, by intrastate transfer voucher, each fiscal year, cash from Fund 4E3, Resident Protection Fund, in the Ohio Department of Job and Family Services, to Fund 5L1, Nursing Facility Technical Assistance Fund, in the Ohio Department of Health, to be used in accordance with section 3721.026 of the Revised Code. The transfers shall equal the amount appropriated per fiscal year in Fund 5L1, Nursing Facility Technical Assistance Fund.
Section 52. HEF HIGHER EDUCATIONAL FACILITY COMMISSION
461 |
372-601 |
|
Operating Expenses |
|
$ |
15,290 |
|
$ |
16,819 |
TOTAL AGY Agency Fund Group |
|
$ |
15,290 |
|
$ |
16,819 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
15,290 |
|
$ |
16,819 |
Section 53. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS
GRF |
148-100 |
|
Personal Services |
|
$ |
159,419 |
|
$ |
159,419 |
GRF |
148-200 |
|
Maintenance |
|
$ |
33,631 |
|
$ |
33,631 |
TOTAL GRF General Revenue Fund |
|
$ |
193,050 |
|
$ |
193,050 |
General Services Fund Group
601 |
148-602 |
|
Gifts and Miscellaneous |
|
$ |
8,485 |
|
$ |
8,485 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,485 |
|
$ |
8,485 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
201,535 |
|
$ |
201,535 |
Section 54. OHS OHIO HISTORICAL SOCIETY
GRF |
360-501 |
|
Operating Subsidy |
|
$ |
3,922,752 |
|
$ |
3,922,752 |
GRF |
360-502 |
|
Site Operations |
|
$ |
8,240,438 |
|
$ |
8,240,438 |
GRF |
360-503 |
|
Ohio Bicentennial Commission |
|
$ |
1,847,239 |
|
$ |
98,164 |
TOTAL GRF General Revenue Fund |
|
$ |
14,010,429 |
|
$ |
12,261,354 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,010,429 |
|
$ |
12,261,354 |
Upon approval by the Director of Budget and Management, the
foregoing appropriation items shall be released to the Ohio
Historical Society in quarterly amounts that in total do not
exceed the annual appropriations. The funds and fiscal records
of
the society for fiscal years 2004 and 2005 shall be examined
by
independent certified public accountants approved by the
Auditor
of State, and a copy of the audited financial statements
shall be
filed with the Office of Budget and Management. The
society shall
prepare and submit to the
Office of Budget and Management the
following:
(A) An estimated operating budget for each fiscal year of
the biennium. The operating budget shall be submitted at or near
the beginning of each year.
(B) Financial reports, indicating actual receipts and
expenditures for the fiscal year to date. These reports shall be
filed at least semiannually during the fiscal biennium.
The foregoing appropriations shall be considered to be the
contractual consideration provided by the state to support the
state's offer
to contract with the Ohio Historical Society under
section 149.30 of
the Revised Code.
Of the foregoing appropriation item 360-502, Site Operations,
funds shall be distributed to the Afro-American Museum, the Hayes Presidential Center, as well as other sites controlled by the Ohio Historical Society in each fiscal year.
HAYES PRESIDENTIAL CENTER
If a United States government agency, including, but not
limited to, the
National Park Service, chooses to take over the
operations or maintenance
of the Hayes Presidential Center, in
whole or in part, the Ohio Historical
Society shall
make
arrangements with the National Park Service or other United States
government agency for the
efficient transfer of operations or
maintenance.
Section 55. REP OHIO HOUSE OF REPRESENTATIVES
GRF |
025-321 |
|
Operating Expenses |
|
$ |
19,018,547 |
|
$ |
19,969,473 |
TOTAL GRF General Revenue Fund |
|
$ |
19,018,547 |
|
$ |
19,969,473 |
General Services Fund Group
103 |
025-601 |
|
House Reimbursement |
|
$ |
1,351,875 |
|
$ |
1,419,469 |
4A4 |
025-602 |
|
Miscellaneous Sales |
|
$ |
35,690 |
|
$ |
37,474 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,387,565 |
|
$ |
1,456,943 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
20,406,112 |
|
$ |
21,426,416 |
Section 56. IGO OFFICE OF THE INSPECTOR GENERAL
GRF |
965-321 |
|
Operating Expenses |
|
$ |
645,966 |
|
$ |
651,009 |
TOTAL GRF General Revenue Fund |
|
$ |
645,966 |
|
$ |
651,009 |
State Special Revenue Fund Group
4Z3 |
965-602 |
|
Special Investigations |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
745,966 |
|
$ |
751,009 |
Of the foregoing appropriation item 965-602, Special
Investigations, up to
$100,000 in each fiscal year may be used for
investigative costs, pursuant to
section 121.481 of the Revised
Code.
Section 57. INS DEPARTMENT OF INSURANCE
Federal Special Revenue Fund Group
3U5 |
820-602 |
|
OSHIIP Operating Grant |
|
$ |
560,559 |
|
$ |
560,559 |
TOTAL FED Federal Special
|
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
560,559 |
|
$ |
560,559 |
State Special Revenue Fund Group
554 |
820-601 |
|
Operating Expenses - OSHIIP |
|
$ |
506,515 |
|
$ |
561,411 |
554 |
820-606 |
|
Operating Expenses |
|
$ |
22,688,654 |
|
$ |
23,888,637 |
555 |
820-605 |
|
Examination |
|
$ |
7,124,247 |
|
$ |
7,320,792 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
30,319,416 |
|
$ |
31,770,840 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
30,879,975 |
|
$ |
32,331,399 |
MARKET CONDUCT EXAMINATION
When conducting a market conduct examination of any insurer
doing business in this state, the Superintendent of Insurance may
assess the costs of the examination against the insurer. The
superintendent may enter into consent agreements to impose
administrative assessments or fines for conduct discovered that
may be violations of statutes or regulations administered by the
superintendent. All costs, assessments, or fines collected shall
be deposited to the credit of the Department of Insurance
Operating Fund (Fund 554).
EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES
The Superintendent of Insurance may transfer funds from the
Department of Insurance Operating Fund (Fund 554), established by
section 3901.021 of the Revised Code, to the Superintendent's
Examination Fund (Fund 555), established by section 3901.071 of
the
Revised Code, only for the expenses incurred in
examining
domestic
fraternal benefit societies as required by
section
3921.28 of the
Revised Code.
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
GRF |
600-321 |
|
Support Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
65,320,694 |
|
$ |
58,611,047 |
|
|
|
Federal |
|
$ |
7,516,833 |
|
$ |
7,125,883 |
|
|
|
Support Services Total |
|
$ |
72,837,527 |
|
$ |
65,736,930 |
GRF |
600-410 |
|
TANF State |
|
$ |
272,619,061 |
|
$ |
272,619,061 |
GRF |
600-413 |
|
Child Care Match/Maintenance of Effort |
|
$ |
84,120,606 |
|
$ |
84,120,606 |
GRF |
600-416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
State |
|
$ |
127,049,693 |
|
$ |
131,432,770 |
|
|
|
Federal |
|
$ |
32,922,220 |
|
$ |
34,392,072 |
|
|
|
Computer Projects Total |
|
$ |
159,971,913 |
|
$ |
165,824,842 |
GRF |
600-420 |
|
Child Support Administration |
|
$ |
5,708,784 |
|
$ |
5,812,003 |
GRF |
600-421 |
|
Office of Family Stability |
|
$ |
4,912,463 |
|
$ |
4,864,932 |
GRF |
600-422 |
|
Local Operations |
|
$ |
2,305,232 |
|
$ |
2,305,232 |
GRF |
600-423 |
|
Office of Children and Families |
|
$ |
5,502,484 |
|
$ |
5,621,561 |
GRF |
600-424 |
|
Office of Workforce Development |
|
$ |
877,971 |
|
$ |
899,375 |
GRF |
600-425 |
|
Office of Ohio Health Plans |
|
|
|
|
|
|
|
|
|
State |
|
$ |
21,944,901 |
|
$ |
22,603,740 |
|
|
|
Federal |
|
$ |
21,848,555 |
|
$ |
22,495,502 |
|
|
|
Office of Ohio Health Plans Total |
|
$ |
43,793,456 |
|
$ |
45,099,242 |
GRF |
600-435 |
|
Unemployment Compensation Review Commission |
|
$ |
3,188,473 |
|
$ |
3,191,815 |
GRF |
600-502 |
|
Child Support Match |
|
$ |
16,814,103 |
|
$ |
16,814,103 |
GRF |
600-511 |
|
Disability Financial Assistance |
|
$ |
22,839,371 |
|
$ |
22,839,371 |
GRF |
600-521 |
|
Family Stability Subsidy |
|
$ |
55,206,401 |
|
$ |
55,206,401 |
GRF |
600-523 |
|
Children and Families Subsidy |
|
$ |
69,846,563 |
|
$ |
69,846,563 |
GRF |
600-525 |
|
Health Care/Medicaid |
|
|
|
|
|
|
|
|
|
State |
|
$ |
3,651,294,321 |
|
$ |
3,842,465,911 |
|
|
|
Federal |
|
$ |
5,188,691,539 |
|
$ |
5,463,149,039 |
|
|
|
Health Care Total |
|
$ |
8,839,985,860 |
|
$ |
9,305,614,950 |
GRF |
600-528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
33,395,955 |
|
$ |
36,017,981 |
|
|
|
Federal |
|
$ |
37,368,248 |
|
$ |
41,115,000 |
|
|
|
Adoption Services Total |
|
$ |
70,764,203 |
|
$ |
77,132,981 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
4,442,947,076 |
|
$ |
4,635,272,472 |
|
|
|
Federal |
|
$ |
5,288,347,395 |
|
$ |
5,568,277,496 |
|
|
|
GRF Total |
|
$ |
9,731,294,471 |
|
$ |
10,203,549,968 |
General Services Fund Group
4A8 |
600-658 |
|
Child Support Collections |
|
$ |
27,255,646 |
|
$ |
26,680,794 |
4R4 |
600-665 |
|
BCII Services/Fees |
|
$ |
136,974 |
|
$ |
136,974 |
5C9 |
600-671 |
|
Medicaid Program Support |
|
$ |
54,686,270 |
|
$ |
55,137,078 |
5N1 |
600-677 |
|
County Technologies |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
613 |
600-645 |
|
Training Activities |
|
$ |
135,000 |
|
$ |
135,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
87,213,890 |
|
$ |
87,089,846 |
Federal Special Revenue Fund Group
3A2 |
600-641 |
|
Emergency Food Distribution |
|
$ |
2,083,500 |
|
$ |
2,187,675 |
3D3 |
600-648 |
|
Children's Trust Fund Federal |
|
$ |
2,040,524 |
|
$ |
2,040,524 |
3F0 |
600-623 |
|
Health Care Federal |
|
$ |
391,658,105 |
|
$ |
394,221,409 |
3F0 |
600-650 |
|
Hospital Care Assurance Match |
|
$ |
298,128,308 |
|
$ |
305,879,644 |
3G5 |
600-655 |
|
Interagency Reimbursement |
|
$ |
1,180,523,642 |
|
$ |
1,245,244,536 |
3H7 |
600-617 |
|
Child Care Federal |
|
$ |
224,539,425 |
|
$ |
235,045,596 |
3N0 |
600-628 |
|
IV-E Foster Care Maintenance |
|
$ |
173,963,142 |
|
$ |
173,963,142 |
3S5 |
600-622 |
|
Child Support Projects |
|
$ |
534,050 |
|
$ |
534,050 |
3V0 |
600-662 |
|
WIA Ohio Option #7 |
|
$ |
87,407,014 |
|
$ |
89,352,850 |
3V0 |
600-688 |
|
Workforce Investment Act |
|
$ |
93,636,390 |
|
$ |
94,932,750 |
3V4 |
600-678 |
|
Federal Unemployment Programs |
|
$ |
139,590,682 |
|
$ |
142,411,608 |
3V4 |
600-679 |
|
Unemployment Compensation Review Commission - Federal |
|
$ |
3,097,320 |
|
$ |
2,860,297 |
3V6 |
600-689 |
|
TANF Block Grant |
|
$ |
761,095,609 |
|
$ |
816,909,688 |
3W3 |
600-659 |
|
TANF/Title XX |
|
$ |
72,796,826 |
|
$ |
72,796,826 |
316 |
600-602 |
|
State and Local Training |
|
$ |
11,212,594 |
|
$ |
11,249,282 |
327 |
600-606 |
|
Child Welfare |
|
$ |
29,119,408 |
|
$ |
28,665,728 |
331 |
600-686 |
|
Federal Operating |
|
$ |
48,237,185 |
|
$ |
47,340,081 |
365 |
600-681 |
|
JOB Training Program |
|
$ |
5,000,000 |
|
$ |
0 |
384 |
600-610 |
|
Food Stamps and State Administration |
|
$ |
134,560,572 |
|
$ |
135,141,694 |
385 |
600-614 |
|
Refugee Services |
|
$ |
5,793,656 |
|
$ |
5,841,407 |
395 |
600-616 |
|
Special Activities/Child and Family Services |
|
$ |
3,975,821 |
|
$ |
3,975,821 |
396 |
600-620 |
|
Social Services Block Grant |
|
$ |
47,469,767 |
|
$ |
47,486,134 |
397 |
600-626 |
|
Child Support |
|
$ |
273,707,264 |
|
$ |
272,212,680 |
398 |
600-627 |
|
Adoption Maintenance/
Administration |
|
$ |
339,957,978 |
|
$ |
340,104,370 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,330,128,782 |
|
$ |
4,470,397,792 |
State Special Revenue Fund Group
198 |
600-647 |
|
Children's Trust Fund |
|
$ |
4,336,109 |
|
$ |
4,336,109 |
4A9 |
600-607 |
|
Unemployment Compensation Admin Fund |
|
$ |
8,001,000 |
|
$ |
8,001,000 |
4E3 |
600-605 |
|
Nursing Home Assessments |
|
$ |
4,759,913 |
|
$ |
4,759,914 |
4E7 |
600-604 |
|
Child and Family Services Collections |
|
$ |
300,000 |
|
$ |
300,000 |
4F1 |
600-609 |
|
Foundation Grants/Child and Family Services |
|
$ |
119,310 |
|
$ |
119,310 |
4J5 |
600-613 |
|
Nursing Facility Bed Assessments |
|
$ |
35,060,013 |
|
$ |
35,064,238 |
4J5 |
600-618 |
|
Residential State Supplement Payments |
|
$ |
15,700,000 |
|
$ |
15,700,000 |
4K1 |
600-621 |
|
ICF/MR Bed Assessments |
|
$ |
20,467,050 |
|
$ |
20,428,726 |
4R3 |
600-687 |
|
Banking Fees |
|
$ |
592,937 |
|
$ |
592,937 |
4Z1 |
600-625 |
|
HealthCare Compliance |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
5A5 |
600-685 |
|
Unemployment Benefit Automation |
|
$ |
7,000,000 |
|
$ |
0 |
5P5 |
600-692 |
|
Health Care Services |
|
$ |
385,100,993 |
|
$ |
448,932,851 |
5Q9 |
600-619 |
|
Supplemental Inpatient Hospital Payments |
|
$ |
30,797,539 |
|
$ |
30,797,539 |
5R2 |
600-608 |
|
Medicaid-Nursing Facilities |
|
$ |
113,754,184 |
|
$ |
113,754,184 |
5S3 |
600-629 |
|
MR/DD Medicaid Administration and Oversight |
|
$ |
1,620,960 |
|
$ |
1,620,960 |
5T2 |
600-652 |
|
Child Support Special Payment |
|
$ |
1,500,000 |
|
$ |
750,000 |
5U3 |
600-654 |
|
Health Care Services Administration |
|
$ |
7,576,322 |
|
$ |
6,119,127 |
5U6 |
600-663 |
|
Children and Family Support |
|
$ |
4,929,718 |
|
$ |
4,929,718 |
651 |
600-649 |
|
Hospital Care Assurance Program Fund |
|
$ |
208,634,072 |
|
$ |
214,058,558 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
860,250,120 |
|
$ |
920,265,171 |
192 |
600-646 |
|
Support Intercept - Federal |
|
$ |
136,500,000 |
|
$ |
136,500,000 |
5B6 |
600-601 |
|
Food Stamp Intercept |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
583 |
600-642 |
|
Support Intercept - State |
|
$ |
20,565,582 |
|
$ |
20,565,582 |
TOTAL AGY Agency Fund Group |
|
$ |
162,065,582 |
|
$ |
162,065,582 |
Holding Account Redistribution Fund Group
R12 |
600-643 |
|
Refunds and Audit Settlements |
|
$ |
5,343,906 |
|
$ |
5,343,906 |
R13 |
600-644 |
|
Forgery Collections |
|
|
700,000 |
|
|
700,000 |
TOTAL 090 Holding Account Redistribution Fund Group |
|
$ |
6,043,906 |
|
$ |
6,043,906 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
15,176,996,751 |
|
$ |
15,849,412,265 |
Section 58.01. HEALTH CARE/MEDICAID
The foregoing appropriation item 600-525, Health
Care/Medicaid, shall not be limited by the provisions of section
131.33 of the Revised Code.
Section 58.02. CHILD SUPPORT COLLECTIONS/TANF MOE
The foregoing appropriation item 600-658, Child Support
Collections, shall be
used by the Department of Job and Family
Services to meet the TANF
maintenance of effort requirements of
Pub. L. No. 104-193. After the state
has met the
maintenance of
effort requirement, the Department of Job and Family Services
may
use funds from appropriation item 600-658 to support public
assistance
activities.
Section 58.03. MEDICAID PROGRAM SUPPORT FUND - STATE
The foregoing appropriation item 600-671, Medicaid Program
Support, shall be
used by the Department of Job and Family
Services to pay for Medicaid services
and contracts. The Department may also deposit to Fund 5C9 revenues received from other state agencies for Medicaid services under the terms of interagency agreements between the Department and other state agencies.
Section 58.04. HEALTH CARE SERVICES ADMINISTRATION
The foregoing appropriation item 600-654, Health Care
Services Administration, shall be used by the Department of Job
and Family Services for costs associated with the administration
of the Medicaid program.
Section 58.05. HEALTH CARE SERVICES ADMINISTRATION FUND
Of the amount received by the Department of Job and Family
Services during fiscal year 2004 and fiscal year 2005 from the first installment of
assessments paid under section 5112.06 of the Revised Code and
intergovernmental transfers made under section 5112.07 of the
Revised Code, the Director of Job and Family Services shall
deposit $350,000 into the state treasury to the credit of the
Health Care Services Administration Fund (Fund 5U3).
HOSPITAL CARE ASSURANCE MATCH FUND
Appropriation item 600-650, Hospital Care Assurance Match,
shall be used by the Department of Job and
Family
Services in
accordance with division (B) of section
5112.18 of the Revised
Code.
Section 58.06. TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS
Upon the request of the Department of Job and Family
Services, the Director
of Budget and Management may seek
Controlling Board approval to increase
appropriations in
appropriation item 600-689, TANF Block Grant, provided
sufficient
funds exist to do so without any
corresponding decrease in other appropriation items. The
Department of Job
and Family Services shall provide the Director of
Budget and Management and
the Controlling Board with documentation
to support the need for the
increased appropriation.
All transfers of moneys from or charges against TANF Federal
Block
Grant awards for use in the Social Services Block Grant or
the Child Care
and Development Block
Grant shall be done after
the Department of Job and Family Services gives written notice to
the Director of Budget and Management.
The Department of Job
and
Family Services
shall first provide the
Director of Budget and
Management with
documentation to
support the
need for such
transfers or charges
for use in the Social Services
Block Grant or
in the Child Care and
Development Block Grant.
Before the thirtieth day of September of each fiscal year,
the Department of Job and Family
Services shall file claims with
the United States Department of
Health and Human Services for
reimbursement for all allowable
expenditures for services provided
by the Department of Job and
Family Services, or other agencies
that may qualify for Social
Services Block Grant funding pursuant
to Title XX of the Social
Security Act.
Section 58.07. PRESCRIPTION DRUG REBATE FUND
The foregoing appropriation item 600-692, Health Care
Services, shall be used by the Department of Job and Family
Services in accordance with section 5111.081 of the Revised Code. Moneys recovered by the Department pursuant to the Department's rights of recovery under section 5101.58 of the Revised Code, that are not directed to the Health Care Services Administration Fund (Fund 5U3) pursuant to section 5111.94 of the Revised Code shall also be deposited into Fund 5P5.
Section 58.08. ODJFS FUNDS
The Agency Fund
Group shall be used to hold revenues until
the
appropriate fund is determined or until they are directed to
the appropriate
governmental agency other than the Department of
Job and Family Services. If
it is determined that
additional
appropriation authority is necessary, such amounts are
hereby
appropriated.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 600-643, Refunds and Audit
Settlements, and 600-644, Forgery Collections,
Holding Account
Redistribution Fund Group, shall be used to hold
revenues until
they are
directed to the appropriate accounts or
until they are
refunded. If it is
determined that additional
appropriation
authority is necessary, such amounts
are
hereby appropriated.
Section 58.09. CONSOLIDATED FUNDING ALLOCATION FOR COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES
Using the foregoing appropriation items 600-521, Family Stability Subsidy; 600-659, TANF/Title XX; 600-610, Food Stamps and State
Administration;
600-410, TANF State;
600-689, TANF Block
Grant;
600-620, Social Services
Block Grant; 600-523, Children and Families Subsidy; 600-413, Child Care
Match/Maintenance of Effort;
600-617,
Child Care Federal; and 600-614,
Refugees Services, the Department of Job and
Family
Services may
establish
a single allocation for county departments
of job and
family services. The
county department
is not
required to use all the money from one or
more of the
appropriation items listed in this paragraph
for the
purpose for
which the
specific appropriation item is made so long as
the
county
department uses the money for a purpose for which at least
one of
the other
of those appropriation items is made. The
county
department may not use the money in the allocation for a
purpose
other than a purpose any of those
appropriation
items
are made.
If
the spending estimates used in
establishing
the
single
allocation
are not realized and the
county department
uses
money
in one or
more of those
appropriation items
in a
manner for which
federal
financial
participation is not
available,
the department
shall use
state
funds available in one
or more of
those
appropriation
items
to ensure that the
county
department receives
the full
amount of
its allocation.
Section 58.10. TRANSFER OF FUNDS
The Department of Job and Family Services shall transfer,
through
intrastate transfer vouchers, cash from State Special
Revenue Fund 4K1,
ICF/MR
Bed Assessments, to fund 4K8, Home and
Community-Based Services, in the
Ohio Department of Mental
Retardation and Developmental
Disabilities. The sum of the
transfers shall equal $12,000,000 in fiscal
year 2004 and
$12,000,000 in fiscal year 2005. The
transfer may occur on a
quarterly basis or on a schedule developed
and agreed
to by both
departments.
The Department of Job and Family Services shall
transfer,
through
intrastate transfer vouchers, cash from the
State Special
Revenue
Fund 4J5, Home and Community-Based Services
for the Aged,
to Fund 4J4,
PASSPORT, in the Department of
Aging. The sum
of the
transfers
shall be $33,268,052 in
fiscal
year 2004 and $33,263,984 in fiscal year 2005. The transfer may
occur on
a
quarterly basis or on a schedule developed and agreed
to by both
departments.
TRANSFERS OF IMD/DSH CASH
The Department of Job and Family Services shall transfer,
through intrastate
transfer voucher, cash from fund
5C9, Medicaid
Program Support, to the
Department of Mental Health's Fund 4X5,
OhioCare, in accordance with an
interagency agreement which
delegates authority from the Department of Job and
Family Services
to the Department of Mental Health to administer specified
Medicaid services.
Section 58.11. EMPLOYER SURCHARGE
The surcharge and the interest on the surcharge amounts due
for calendar years
1988, 1989, and 1990 as required by Am. Sub.
H.B. 171 of the 117th General
Assembly, Am. Sub. H.B. 111 of the
118th General Assembly, and section
4141.251 of the Revised Code
as it existed prior to Sub. H.B. 478 of the 122nd
General
Assembly, again shall be assessed and
collected by, accounted for,
and made available to the Department of Job and
Family Services in
the same manner as
set forth in section 4141.251 of the Revised
Code as it existed prior to Sub.
H.B. 478 of the 122nd General
Assembly, notwithstanding the repeal of the
surcharge for calendar
years after 1990, pursuant to Sub. H.B. 478 of the
122nd General
Assembly, except that amounts received by the Director on or after
July 1, 2001, shall be deposited into the special administrative
fund established pursuant to section 4141.11 of the Revised Code.
Section 58.12. FUNDING FOR HABILITATIVE SERVICES
Notwithstanding any limitations contained
in
sections 5112.31
and 5112.37 of the Revised Code, in each
fiscal
year, cash from
State Special Revenue Fund 4K1, ICF/MR Bed
Assessments, in excess
of the amounts needed for transfers to Fund
4K8 may be used by the
Department of Job and Family Services to
cover costs of care
provided to participants in a
waiver with an ICF/MR level of care requirement administered by the
Department of
Job and Family
Services.
Section 58.13. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND
THE OHIO ACCESS SUCCESS PROJECT
Notwithstanding any limitations in sections
3721.51 and
3721.56 of the Revised Code, in each fiscal year, cash
from the
State Special Revenue Fund 4J5, Home and Community-Based
Services
for the Aged, in excess of the amounts needed for the
transfers
may be used by the Department of Job and Family
Services
for the
following purposes: (A) up to $1.0 million in
each fiscal
year to
fund the state share of audits of Medicaid
cost reports
filed with
the Department of Job and Family Services
by nursing
facilities
and intermediate care facilities for the
mentally
retarded; and
(B) up to $350,000 in fiscal year 2004 and
up to
$350,000 in
fiscal year 2005 to provide one-time
transitional
benefits under
the Ohio Access Success Project that the
Director of Job
and
Family
Services may establish under section 5111.206 of the Revised Code.
Section 58.14. REFUND OF SETS PENALTY
The Department of Job and Family Services shall deposit any refunds
for
penalties that were paid
directly or indirectly by the state
for
the Support Enforcement
Tracking System (SETS) to
Fund
3V6, TANF Block Grant.
Section 58.15. PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY
The Director of Job and Family Services may submit to the
United States Secretary of Health and Human Services a request to
transfer the day-to-day
administration of the Program of All-Inclusive Care for the Elderly, known as PACE, in accordance with 42 U.S.C. 1396u-4, to the Department
of Aging. If the United
States Secretary approves the transfer,
the Directors of Job and
Family Services and Aging may enter into
an interagency agreement
under section 5111.86 of the Revised Code
to transfer
responsibility for the day-to-day administration of
PACE from the
Department of Job and Family Services to the
Department of Aging.
The interagency agreement is subject to the
approval of the
Director of Budget and Management and shall
include an estimated
cost of services to be provided under PACE and an estimated cost
for the administrative duties assigned by the agreement to the
Department of Aging.
If the Directors of Job and Family Services and Aging enter
into the interagency agreement, the Director of Budget and
Management shall reduce the amount in appropriation item 600-525,
Health Care/Medicaid, by the estimated costs of PACE. If the Director of Budget
and Management makes the
reduction, the state and federal share of
the estimated costs of
PACE services and administration is hereby appropriated to the
Department of Aging. The Director of Budget and Management shall
establish a new appropriation item for the appropriation.
Section 58.16. MEDICAID ELIGIBILITY REDUCTIONS
The Director of Job and Family Services shall, not later than ninety days after the effective date of this section, submit to the United States Secretary of Health and Human Services an amendment to the state Medicaid plan to eliminate the expansion of eligibility required by the version of section 5111.019 of the Revised Code that existed prior to the amendment made by this act. The reduction in eligibility mandated by this section shall be implemented not earlier than October 1, 2003, and not later than the effective date of federal approval.
Section 58.17. ASSISTED LIVING WAIVER
If the Directors of Job and Family Services and Aging enter into the interagency agreement, the Director of Budget and Management shall reduce the appropriation in appropriation item 600-525 by the amount that the Department of Job and Family Services estimates its spending will be reduced as a result of the transfer of persons approved for the budget-neutral Medicaid home and community-based services for assisted living services waiver. If the Director of Budget and Management makes the reduction, the state and federal share of the estimated costs of assisted living services is hereby appropriated to the Department of Aging. The Director of Budget and Management shall establish appropriation items for the appropriations.
Section 58.18. APPROPRIATIONS FROM FUND 3V0
Upon the request of the Department of Job and Family Services, the Director of Budget and Management may increase appropriations in either appropriation item 600-662, WIA Ohio Option #7, Fund 3V0 or in appropriation item 600-688, Workforce Investment Act, Fund 3V0, with a corresponding decrease in the other appropriation item supported by Fund 3V0 to allow counties that administer the Workforce Investment Act as a conventional county to administer the Act as an Ohio Option county or to allow counties that administer the Workforce Investment Act as an Ohio Option county to administer the Act as a conventional county.
Section 58.19. FEDERAL UNEMPLOYMENT PROGRAMS
There is hereby appropriated out of funds made available to the state under section 903(d) of the Social Security Act, as amended, $53,700,000 for fiscal year 2004 and $47,300,000 for fiscal year 2005. Upon the request of the Director of Job and Family Services, the Director of Budget and Management shall increase the appropriation for fiscal year 2004 by the amount remaining unspent from the fiscal year 2003 appropriation and shall increase the appropriation for fiscal year 2005 by the amount remaining unspent from the fiscal year 2004 appropriation. The appropriation is to be used under the direction of the Department of Job and Family Services to pay for administrative activities for the Unemployment Insurance Program, employment services, and other allowable expenditures under section 903(d) of the Social Security Act, as amended.
The amounts obligated pursuant to this section shall not exceed at any time the amount by which the aggregate of the amounts transferred to the account of the state pursuant to section 903(d) of the Social Security Act, as amended, exceeds the aggregate of the amounts obligated for administration and paid out for benefits and required by law to be charged against the amounts transferred to the account of the state.
Of the appropriation item 600-678, Federal Unemployment Programs, in Section 63 of Am. Sub. H.B. 94 of the 124th General Assembly, as amended, up to $18,000,000 in fiscal year 2004 and up to $18,000,000 in fiscal year 2005 shall be used by the Department of Job and Family Services to reimburse the General Revenue Fund, through state intrastate transfer vouchers, for expenses incurred on or after the effective date of this section from the General Revenue Fund for the aforementioned programs as reported to the federal government as allowable expenditures.
Section 59. JCO JUDICIAL CONFERENCE OF OHIO
GRF |
018-321 |
|
Operating Expenses |
|
$ |
1,124,000 |
|
$ |
1,124,000 |
TOTAL GRF General Revenue Fund |
|
$ |
1,124,000 |
|
$ |
1,124,000 |
General Services Fund Group
403 |
018-601 |
|
Ohio Jury Instructions |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GSF General Services Fund Group |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,324,000 |
|
$ |
1,324,000 |
STATE COUNCIL OF UNIFORM STATE LAWS
Notwithstanding section 105.26 of the Revised Code, of the
foregoing appropriation item 018-321, Operating Expenses, up to
$63,000 in fiscal year 2004 and up to $66,000 in fiscal year 2005
may be used to pay the expenses of the State Council of Uniform
State Laws, including membership dues to the National Conference
of Commissioners on Uniform State Laws.
OHIO JURY INSTRUCTIONS FUND
The Ohio Jury Instructions Fund (Fund 403) shall consist of
grants, royalties, dues, conference fees, bequests, devises, and
other gifts received for the purpose of supporting costs incurred
by the Judicial Conference of Ohio in dispensing educational and
informational data to the state's judicial system. Fund
403 shall
be used by the Judicial Conference of Ohio to pay
expenses
incurred in dispensing educational and informational
data to the
state's judicial system. All moneys accruing
to Fund 403 in
excess of $200,000 in fiscal year 2004 and in
excess of $200,000
in fiscal year 2005 are hereby appropriated
for the purposes
authorized.
No money in the Ohio Jury Instructions Fund shall be
transferred to any other fund by the Director of Budget and
Management or the Controlling Board.
Section 60. JSC THE JUDICIARY/SUPREME COURT
GRF |
005-321 |
|
Operating Expenses - Judiciary/Supreme Court |
|
$ |
114,846,495 |
|
$ |
119,867,425 |
GRF |
005-401 |
|
State Criminal Sentencing Council |
|
$ |
346,194 |
|
$ |
356,371 |
GRF |
005-406 |
|
Law-Related Education |
|
$ |
209,836 |
|
$ |
216,131 |
GRF |
005-502 |
|
Commission for Legal Education Opportunity |
|
$ |
685,000 |
|
$ |
1,270,000 |
TOTAL GRF General Revenue Fund |
|
$ |
116,087,525 |
|
$ |
121,709,927 |
General Services Fund Group
672 |
005-601 |
|
Continuing Judicial Education |
|
$ |
126,000 |
|
$ |
120,000 |
TOTAL GSF General Services Fund Group |
|
$ |
126,000 |
|
$ |
120,000 |
Federal Special Revenue Fund Group
3J0 |
005-603 |
|
Federal Grants |
|
$ |
1,030,061 |
|
$ |
1,030,061 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
1,030,061 |
|
$ |
1,030,061 |
State Special Revenue Fund Group
4C8 |
005-605 |
|
Attorney Registration |
|
$ |
2,332,733 |
|
$ |
2,495,171 |
5T8 |
005-609 |
|
Grants and Awards |
|
$ |
33,296 |
|
$ |
33,296 |
6A8 |
005-606 |
|
Supreme Court Admissions |
|
$ |
1,230,514 |
|
$ |
1,267,428 |
643 |
005-607 |
|
Commission on Continuing Legal Education |
|
$ |
568,788 |
|
$ |
587,210 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
4,165,331 |
|
$ |
4,383,105 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
121,408,917 |
|
$ |
127,243,093 |
The foregoing appropriation item 005-406, Law-Related
Education, shall be
distributed directly to the Ohio Center for
Law-Related Education for the
purposes of providing continuing
citizenship education activities to primary
and secondary
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and
private
money for new programs.
OHIO COMMISSION FOR LEGAL EDUCATION OPPORTUNITY
The foregoing appropriation item 005-502, Commission for
Legal Education Opportunity, shall be used to fund the activities
of the Commission for Legal Education Opportunity created by the
Chief Justice of the Supreme Court for the purpose of
assisting minority, low-income, and educationally disadvantaged
college graduates in the transition to legal education. Moneys
appropriated to the Commission for Legal Education Opportunity may
be used to establish and provide an intensive course of study
designed to prepare eligible college graduates for law school
education, provide annual stipends for students who successfully
complete the course of study and are admitted to and maintain
satisfactory academic standing in an Ohio law school, and pay the
administrative costs associated with the program.
CONTINUING JUDICIAL EDUCATION
The Continuing Judicial Education Fund (Fund 672) shall
consist
of fees
paid by judges and court personnel for attending
continuing education courses
and
other gifts and grants received
for the purpose of continuing judicial
education. The foregoing
appropriation item 005-601, Continuing
Judicial Education, shall
be used to pay expenses for continuing
education courses for
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional
appropriations are necessary, the amounts are hereby appropriated.
No money in the Continuing Judicial Education Fund shall be
transferred to any other fund by the Director of Budget and
Management or the Controlling Board. Interest earned on moneys
in
the Continuing Judicial Education Fund shall be credited to
the
fund.
The Federal Grants Fund (Fund 3J0) shall consist of grants
and other moneys
awarded to the Supreme Court (The
Judiciary) by the United States
Government or other entities that receive the
moneys directly from
the United States Government and
distribute those moneys to the Supreme Court (The
Judiciary). The foregoing appropriation item 005-603, Federal
Grants,
shall be used in a manner consistent with the purpose of
the grant or award. If it is determined by the Administrative
Director of the Supreme Court that additional appropriations are
necessary, the amounts are hereby appropriated.
No money in the Federal Grants Fund shall be
transferred to any other
fund by the Director of Budget and
Management or the Controlling Board.
However, interest earned on
moneys in the Federal Grants Fund shall be credited or
transferred to the General Revenue
Fund.
In addition to funding other activities considered
appropriate by the Supreme
Court, the foregoing appropriation item
005-605, Attorney Registration, may be
used to compensate
employees and fund the appropriate activities of the
following
offices established by the Supreme Court pursuant to the Rules for
the Government of the Bar of Ohio: the Office of Disciplinary
Counsel, the
Board of Commissioners on Grievances and Discipline,
the Clients' Security
Fund, the Board of Commissioners on the
Unauthorized Practice of Law, and the
Office of Attorney
Registration. If it is determined by the Administrative Director
of the Supreme Court that additional appropriations are necessary,
the amounts are hereby appropriated.
No moneys in the Attorney Registration Fund shall be
transferred to any other
fund by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in
the Attorney Registration Fund shall be credited
to the fund.
The Grants and Awards Fund (Fund 5T8) shall consist of grants and other moneys awarded to the Supreme Court (The Judiciary) by the State Justice Institute, the Office of Criminal Justice Services, or other entities. The foregoing appropriation item 005-609, Grants and Awards, shall be used in a manner consistent with the purpose of the grant or award. If it is determined by the Administrative Director of the Supreme Court that additional appropriations are necessary, the amounts are hereby appropriated.
No moneys in the Grants and Awards Fund shall be transferred to any other fund by the Director of Budget and Management or the Controlling Board. However, interest earned on moneys in the Grants and Awards Fund shall be credited or transferred to the General Revenue Fund.
The foregoing appropriation item 005-606, Supreme Court
Admissions, shall be
used to compensate Supreme Court employees
who are primarily responsible for
administering the attorney
admissions program, pursuant to the Rules for the
Government of
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the
Supreme Court
Admissions Fund (Fund 6A8) pursuant to the Supreme
Court Rules for the
Government of the Bar of Ohio. If it is
determined by the Administrative Director of the Supreme Court
that additional appropriations are necessary, the amounts are hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be
transferred to any
other fund by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in
the Supreme Court Admissions Fund shall be
credited to the fund.
CONTINUING LEGAL EDUCATION
The foregoing appropriation item 005-607, Commission on
Continuing Legal
Education, shall be used to compensate employees
of the Commission on
Continuing Legal Education, established
pursuant to the Supreme Court Rules
for the Government of the Bar
of Ohio, and to fund other activities of the
commission considered
appropriate by the court. If it is determined by the
Administrative Director of the Supreme Court that additional
appropriations are necessary, the amounts are hereby appropriated.
No moneys in the Continuing Legal Education Fund shall be
transferred to any
other fund by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in
the Continuing Legal Education Fund shall be
credited to the fund.
Section 61. LEC LAKE ERIE COMMISSION
State Special Revenue Fund Group
4C0 |
780-601 |
|
Lake Erie Protection Fund |
|
$ |
1,070,975 |
|
$ |
1,070,975 |
5D8 |
780-602 |
|
Lake Erie Resources Fund |
|
$ |
689,004 |
|
$ |
689,004 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,759,979 |
|
$ |
1,759,979 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,759,979 |
|
$ |
1,759,979 |
Not later than the thirtieth day of November of each fiscal
year, the
Executive Director of the Ohio
Lake Erie Office, with
the approval
of the Lake Erie Commission, shall certify to
the
Director of Budget and
Management the cash balance in the Lake
Erie Resources
Fund (Fund
5D8) in excess of
amounts needed to meet
operating expenses of the Lake Erie Office. The Ohio Lake Erie
Office may request the Director of Budget and Management to
transfer up to the certified amount from the Lake Erie Resources
Fund (Fund 5D8) to the Lake Erie Protection
Fund (Fund 4C0). The
Director of Budget and Management may
transfer the requested
amount, or the Director may transfer a
different amount up to the
certified amount. Cash transferred
shall be
used for the
purposes
described in division (A) of
section 1506.23
of the
Revised Code.
The amount transferred by
the director is
appropriated to the
foregoing appropriation item
780-601, Lake
Erie Protection Fund,
which shall be increased by
the amount
transferred.
Section 62. LRS LEGAL RIGHTS SERVICE
GRF |
054-100 |
|
Personal Services |
|
$ |
193,516 |
|
$ |
193,514 |
GRF |
054-200 |
|
Maintenance |
|
$ |
33,938 |
|
$ |
33,938 |
GRF |
054-300 |
|
Equipment |
|
$ |
1,856 |
|
$ |
1,856 |
GRF |
054-401 |
|
Ombudsman |
|
$ |
321,423 |
|
$ |
321,425 |
TOTAL GRF General Revenue Fund |
|
$ |
550,733 |
|
$ |
550,733 |
General Services Fund Group
416 |
054-601 |
|
Gifts and Donations |
|
$ |
1,352 |
|
$ |
1,352 |
5M0 |
054-610 |
|
Settlements |
|
$ |
75,000 |
|
$ |
75,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
76,352 |
|
$ |
76,352 |
Federal Special Revenue Fund Group
3B8 |
054-603 |
|
Protection and Advocacy - Mentally Ill |
|
$ |
1,018,279 |
|
$ |
1,018,279 |
3N3 |
054-606 |
|
Protection and Advocacy - Individual Rights |
|
$ |
507,648 |
|
$ |
507,648 |
3N9 |
054-607 |
|
Assistive Technology |
|
$ |
50,000 |
|
$ |
50,000 |
3R9 |
054-604 |
|
Family Support Collaborative |
|
$ |
242,500 |
|
$ |
242,500 |
3T2 |
054-609 |
|
Client Assistance Program |
|
$ |
404,807 |
|
$ |
404,807 |
3X1 |
054-611 |
|
Protection and Advocacy for Beneficiaries of Social Security |
|
$ |
187,784 |
|
$ |
187,784 |
3Z6 |
054-612 |
|
Traumatic Brain Injury |
|
$ |
50,000 |
|
$ |
50,000 |
305 |
054-602 |
|
Protection and Advocacy - Developmentally Disabled |
|
$ |
1,280,363 |
|
$ |
1,280,363 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,741,381 |
|
$ |
3,741,381 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,368,466 |
|
$ |
4,368,466 |
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE
GRF |
028-321 |
|
Legislative Ethics Committee |
|
$ |
532,000 |
|
$ |
551,000 |
TOTAL GRF General Revenue Fund |
|
$ |
532,000 |
|
$ |
551,000 |
State Special Revenue Fund Group
4G7 |
028-601 |
|
Joint Legislative Ethics Committee |
|
$ |
34,000 |
|
$ |
34,000 |
TOTAL SSR State Special Revenue Fund |
|
$ |
34,000 |
|
$ |
34,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
566,000 |
|
$ |
585,000 |
Section 64. LSC LEGISLATIVE SERVICE COMMISSION
GRF |
035-321 |
|
Operating Expenses |
|
$ |
14,470,000 |
|
$ |
14,900,000 |
GRF |
035-402 |
|
Legislative Interns |
|
$ |
975,000 |
|
$ |
990,000 |
GRF |
035-404 |
|
Legislative Office of Education Oversight |
|
$ |
1,219,832 |
|
$ |
1,256,427 |
GRF |
035-406 |
|
ATMS Replacement Project |
|
$ |
20,000 |
|
$ |
20,000 |
GRF |
035-407 |
|
Legislative Task Force on Redistricting |
|
$ |
100,000 |
|
$ |
0 |
GRF |
035-409 |
|
National Associations |
|
$ |
430,000 |
|
$ |
441,000 |
GRF |
035-410 |
|
Legislative Information Systems |
|
$ |
3,624,200 |
|
$ |
3,624,200 |
TOTAL GRF General Revenue Fund |
|
$ |
20,839,032 |
|
$ |
21,231,627 |
General Services Fund Group
4F6 |
035-603 |
|
Legislative Budget Services |
|
$ |
149,350 |
|
$ |
152,337 |
410 |
035-601 |
|
Sale of Publications |
|
$ |
25,000 |
|
$ |
25,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
174,350 |
|
$ |
177,337 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
21,013,382 |
|
$ |
21,408,964 |
Of the foregoing appropriation item 035-406, ATMS
Replacement
Project, any amounts not used for the ATMS project
may be used to
pay the operating expenses of the Legislative
Service Commission.
Section 65. LIB STATE LIBRARY BOARD
GRF |
350-321 |
|
Operating Expenses |
|
$ |
6,701,407 |
|
$ |
6,802,947 |
GRF |
350-400 |
|
Ohio Public Library Information Network |
|
$ |
0 |
|
$ |
5,000,000 |
GRF |
350-401 |
|
Ohioana Rental
Payments |
|
$ |
124,816 |
|
$ |
124,816 |
GRF |
350-501 |
|
Cincinnati Public Library |
|
$ |
584,414 |
|
$ |
569,803 |
GRF |
350-502 |
|
Regional Library Systems |
|
$ |
1,380,467 |
|
$ |
1,345,956 |
GRF |
350-503 |
|
Cleveland Public Library |
|
$ |
879,042 |
|
$ |
857,066 |
TOTAL GRF General Revenue Fund |
|
$ |
9,670,146 |
|
$ |
14,700,588 |
General Services Fund Group
139 |
350-602 |
|
Intra-Agency Service Charges |
|
$ |
9,000 |
|
$ |
9,000 |
4S4 |
350-604 |
|
OPLIN Technology |
|
$ |
6,450,000 |
|
$ |
1,000,000 |
459 |
350-602 |
|
Interlibrary Service Charges |
|
$ |
2,759,661 |
|
$ |
2,809,661 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
9,218,661 |
|
$ |
3,818,661 |
Federal Special Revenue Fund Group
313 |
350-601 |
|
LSTA Federal |
|
$ |
5,541,647 |
|
$ |
5,541,647 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,541,647 |
|
$ |
5,541,647 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
24,430,454 |
|
$ |
24,060,896 |
The foregoing appropriation item 350-401, Ohioana Rental
Payments, shall be used to pay the rental expenses of the
Martha
Kinney Cooper Ohioana
Library Association pursuant to section
3375.61 of the Revised Code.
The foregoing appropriation item 350-502, Regional Library
Systems,
shall be used to support regional library systems
eligible for funding under section 3375.90 of the Revised Code.
OHIO PUBLIC LIBRARY INFORMATION NETWORK
The foregoing appropriation items 350-604, OPLIN Technology, and, in fiscal year 2005, 350-400, Ohio Public Library Information Network,
shall be
used for an information
telecommunications network
linking public
libraries in the state
and such
others as may be
certified as
participants by the Ohio
Public Library
Information
Network Board.
The Ohio Public Library Information
Network Board
shall
consist of eleven members appointed by
the State Library Board
from among the staff of public libraries and past and
present
members of boards of
trustees of public libraries, based on the
recommendations
of the Ohio library community. The Ohio Public
Library
Information Network Board, in consultation with the State
Library,
shall develop a plan of operations for the network. The
board may make decisions regarding use
of the foregoing OPLIN appropriation
items 350-604 and
may receive
and expend grants to carry out
the
operations of the
network in
accordance with state law and the
authority to
appoint
and fix the
compensation of a director and
necessary staff. The
State
Library
shall be the fiscal agent for
the network and shall
have
fiscal
accountability for the
expenditure of funds. The Ohio
Public
Library
Information Network
Board members shall be
reimbursed for
actual travel and
necessary
expenses incurred in carrying out
their responsibilities.
In order to limit access to obscene and illegal materials
through
internet use at Ohio Public Library Information Network
(OPLIN)
terminals,
local libraries with OPLIN computer terminals
shall adopt policies
that
control access to obscene and illegal
materials. These policies may include
use of
technological
systems to select or block
certain internet access. The OPLIN
shall condition provision of its funds, goods, and services on
compliance
with these policies. The OPLIN Board shall also adopt
and
communicate specific recommendations to local libraries on
methods to control
such improper usage. These methods may include
each library implementing a
written policy
controlling such
improper use of library terminals and requirements for
parental
involvement or written authorization for juvenile internet usage.
The OPLIN Board shall research and assist or advise local
libraries
with regard to emerging technologies and methods that may be
effective means to control
access to
obscene and illegal
materials. The
OPLIN Executive Director shall biannually provide
written
reports to the
Governor, the Speaker and Minority Leader
of the House of
Representatives, and the President and Minority
Leader of the
Senate on any
steps being taken by
OPLIN and public
libraries in
the state to limit and control such
improper
usage
as
well as
information on technological, legal, and law
enforcement trends
nationally and internationally affecting this
area of public
access and
service.
The Ohio Public Library Information Network, InfOhio, and
OhioLink shall, to
the extent feasible, coordinate and cooperate
in their purchase or other
acquisition of the use of electronic
databases for their respective users and
shall contribute funds in
an equitable manner to such effort.
TRANSFER TO OPLIN TECHNOLOGY FUND
Notwithstanding sections 5747.03 and 5747.47 of the Revised
Code and any other provision of law to the contrary, in accordance
with a schedule established by the Director of Budget and
Management, the Director of Budget
and Management shall transfer up to $5,000,000 in fiscal year 2004 from the Library and
Local Government Support Fund (Fund 065) to the OPLIN Technology
Fund (Fund 4S4).
Section 66. LCO LIQUOR CONTROL COMMISSION
Liquor Control Fund Group
043 |
970-321 |
|
Operating Expenses |
|
$ |
779,886 |
|
$ |
794,387 |
TOTAL LCF Liquor Control Fund Group |
|
$ |
779,886 |
|
$ |
794,387 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
779,886 |
|
$ |
794,387 |
Section 67. LOT STATE LOTTERY COMMISSION
044 |
950-100 |
|
Personal Services |
|
$ |
25,114,200 |
|
$ |
25,133,314 |
044 |
950-200 |
|
Maintenance |
|
$ |
20,100,168 |
|
$ |
20,120,268 |
044 |
950-300 |
|
Equipment |
|
$ |
3,067,250 |
|
$ |
3,113,259 |
044 |
950-402 |
|
Game and Advertising Contracts |
|
$ |
68,683,000 |
|
$ |
68,683,000 |
044 |
950-500 |
|
Problem Gambling Subsidy |
|
$ |
335,000 |
|
$ |
335,000 |
044 |
950-601 |
|
Prizes, Bonuses, and Commissions |
|
$ |
166,173,455 |
|
$ |
166,173,455 |
871 |
950-602 |
|
Annuity Prizes |
|
$ |
162,228,451 |
|
$ |
162,185,260 |
TOTAL SLF State Lottery Fund |
|
|
|
|
|
|
Group |
|
$ |
445,701,524 |
|
$ |
445,743,556 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
445,701,524 |
|
$ |
445,743,556 |
The Controlling Board may, at the
request of the State Lottery Commission, authorize additional
appropriations for operating expenses of the State Lottery
Commission from the State Lottery Fund up to a maximum of 15 per
cent of anticipated total revenue accruing from the sale of
lottery tickets.
PRIZES, BONUSES, AND COMMISSIONS
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-601, Prizes, Bonuses, and
Commissions,
that
are determined by the Director of the State Lottery
Commission to
be necessary
to fund prizes, bonuses, and
commissions are
hereby appropriated.
With the approval of the Office of Budget and Management,
the
State Lottery Commission shall transfer cash from the State
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund
(Fund 871) in
an amount sufficient to fund deferred prizes. The
Treasurer of State, from time to time, shall credit the Deferred
Prizes Trust Fund
(Fund 871) the pro rata share of interest earned
by the Treasurer
of State on invested balances.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-602, Annuity Prizes,
that are determined
by
the Director of the State Lottery Commission to be
necessary
to
fund deferred prizes and interest earnings are hereby
appropriated.
TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND
The Ohio Lottery Commission shall transfer an amount greater
than or equal to $637,900,000 in fiscal year 2004 and $637,900,000
in fiscal year 2005 to the Lottery Profits Education Fund.
Transfers from the Commission to the Lottery Profits Education
Fund shall represent the estimated net income from operations for
the Commission in fiscal year 2004 or fiscal
year 2005. Transfers by the Commission to the Lottery Profits
Education Fund shall be administered in accordance with and
pursuant to the Revised Code. The unencumbered and unallotted balances as of June 30, 2003, in the Unclaimed Prize Fund (Fund 872), are hereby transferred to the State Lottery Fund Group (Fund 044).
Section 68. MED STATE MEDICAL BOARD
General Services Fund Group
5C6 |
883-609 |
|
State Medical Board Operating |
|
$ |
6,991,505 |
|
$ |
7,092,484 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
6,991,505 |
|
$ |
7,092,484 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,991,505 |
|
$ |
7,092,484 |
Section 69. DMH DEPARTMENT OF MENTAL HEALTH
Division of General Administration Intragovernmental Service Fund
Group
151 |
235-601 |
|
General Administration |
|
$ |
85,181,973 |
|
$ |
85,181,973 |
TOTAL ISF Intragovernmental |
|
|
|
|
|
|
Service Fund Group |
|
$ |
85,181,973 |
|
$ |
85,181,973 |
Division of Mental Health--Psychiatric Services to Correctional Facilities
GRF |
332-401 |
|
Forensic Services |
|
$ |
4,338,858 |
|
$ |
4,338,858 |
TOTAL GRF General Revenue Fund |
|
$ |
4,338,858 |
|
$ |
4,338,858 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
89,520,831 |
|
$ |
89,520,831 |
The foregoing appropriation item 322-401, Forensic Services,
shall be used to
provide psychiatric
services to courts of common
pleas. The appropriation
shall be allocated through community
mental health boards to
certified community agencies and shall be
distributed according
to the criteria delineated in rule
5122:4-1-01 of the
Administrative Code. These community forensic
funds may also be
used to provide forensic training to community
mental health
boards and to forensic psychiatry residency programs
in hospitals operated by
the Department of Mental Health and to
provide evaluations of patients of
forensic status
in facilities
operated by the Department of Mental Health prior
to conditional
release to the community.
In addition, appropriation item 332-401, Forensic Services,
may be used to
support projects involving mental health, substance
abuse,
courts,
and law enforcement to identify and develop
appropriate
alternative services to institutionalization for
nonviolent
mentally ill offenders, and to provide linkage to
community
services for
severely mentally disabled offenders
released from
institutions
operated by
the
Department of
Rehabilitation and
Correction. Funds may also be
utilized to
provide forensic
monitoring and tracking in addition to community
programs
serving
persons of forensic status on conditional release
or
probation.
Division of Mental Health--Administration and Statewide Programs
GRF |
333-321 |
|
Central Administration |
|
$ |
22,808,798 |
|
$ |
24,178,778 |
GRF |
333-402 |
|
Resident Trainees |
|
$ |
1,364,919 |
|
$ |
1,364,919 |
GRF |
333-403 |
|
Pre-Admission Screening Expenses |
|
$ |
650,135 |
|
$ |
650,135 |
GRF |
333-415 |
|
Lease-Rental Payments |
|
$ |
25,935,650 |
|
$ |
23,206,750 |
GRF |
333-416 |
|
Research Program Evaluation |
|
$ |
1,001,551 |
|
$ |
1,001,551 |
TOTAL GRF General Revenue Fund |
|
$ |
51,761,053 |
|
$ |
50,402,133 |
General Services Fund Group
149 |
333-609 |
|
Central Office Rotary - Operating |
|
$ |
1,087,454 |
|
$ |
1,103,578 |
TOTAL General Services Fund Group |
|
$ |
1,087,454 |
|
$ |
1,103,578 |
Federal Special Revenue Fund Group
3A7 |
333-612 |
|
Social Services Block Grant |
|
$ |
25,000 |
|
$ |
0 |
3A8 |
333-613 |
|
Federal Grant - Administration |
|
$ |
57,470 |
|
$ |
57,984 |
3A9 |
333-614 |
|
Mental Health Block Grant |
|
$ |
827,363 |
|
$ |
835,636 |
3B1 |
333-635 |
|
Community Medicaid Expansion |
|
$ |
4,126,430 |
|
$ |
4,145,222 |
324 |
333-605 |
|
Medicaid/Medicare |
|
$ |
523,761 |
|
$ |
514,923 |
TOTAL Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,560,024 |
|
$ |
5,553,765 |
State Special Revenue Fund Group
4X5 |
333-607 |
|
Behavioral Health Medicaid Services |
|
$ |
2,913,327 |
|
$ |
3,000,634 |
485 |
333-632 |
|
Mental Health Operating |
|
$ |
134,233 |
|
$ |
134,233 |
5M2 |
333-602 |
|
PWLC Campus Improvement |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,247,560 |
|
$ |
3,334,867 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
61,656,091 |
|
$ |
60,394,343 |
RESIDENCY TRAINEESHIP PROGRAMS
The foregoing appropriation item 333-402, Resident Trainees,
shall be used to fund training agreements entered into by the
Department of
Mental Health for the development of curricula and
the provision of training
programs to support public mental health
services.
PRE-ADMISSION SCREENING EXPENSES
The foregoing appropriation item 333-403, Pre-Admission
Screening
Expenses, shall be used to pay
for costs to ensure that
uniform statewide methods for pre-admission screening
are in place
to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in
another
inpatient
facility is sought. Pre-admission screening
includes the following
activities: pre-admission assessment,
consideration of continued stay
requests, discharge planning and
referral, and adjudication of appeals and
grievance procedures.
The foregoing appropriation item 333-415, Lease-Rental
Payments, shall
be used to meet
all payments at the times they are
required to be made during the
period from July 1, 2003, to June
30, 2005, by the Department of
Mental Health
pursuant
to leases
and agreements made under section 154.20 of the Revised
Code, but
limited to the aggregate amount of
$49,142,400. Nothing in this
act shall be deemed to contravene
the obligation of the state to
pay, without necessity for further
appropriation, from the sources
pledged thereto, the bond service
charges on obligations issued
pursuant to section 154.20 of the
Revised Code.
Section 69.01. DIVISION OF MENTAL HEALTH - HOSPITALS
GRF |
334-408 |
|
Community and Hospital Mental Health Services |
|
$ |
380,249,629
|
|
$ |
390,506,082 |
GRF |
334-506 |
|
Court Costs |
|
$ |
976,652 |
|
$ |
976,652 |
TOTAL GRF General Revenue Fund |
|
$ |
381,226,281 |
|
$ |
391,482,134 |
General Services Fund Group
149 |
334-609 |
|
Hospital Rotary - Operating Expenses |
|
$ |
22,908,053 |
|
$ |
24,408,053 |
150 |
334-620 |
|
Special Education |
|
$ |
120,930 |
|
$ |
120,930 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
23,028,983 |
|
$ |
24,528,983 |
Federal Special Revenue Fund Group
3B0 |
334-617 |
|
Elementary and Secondary Education Act |
|
$ |
248,644 |
|
$ |
251,866 |
3B1 |
334-635 |
|
Hospital Medicaid Expansion |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
324 |
334-605 |
|
Medicaid/Medicare |
|
$ |
10,484,944 |
|
$ |
10,916,925 |
5L2 |
334-619 |
|
Health Foundation/Greater Cincinnati |
|
$ |
26,000 |
|
$ |
0 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,759,588 |
|
$ |
13,168,791 |
State Special Revenue Fund Group
485 |
334-632 |
|
Mental Health Operating |
|
$ |
2,387,253 |
|
$ |
2,476,297 |
692 |
334-636 |
|
Community Mental Health Board Risk Fund |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,487,253 |
|
$ |
2,576,297 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
419,502,105 |
|
$ |
431,756,805 |
COMMUNITY MENTAL HEALTH BOARD RISK FUND
The foregoing appropriation item 334-636, Community Mental
Health Board Risk
Fund, shall
be used to make payments pursuant to
section 5119.62 of the
Revised Code.
Section 69.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT
SERVICES
GRF |
335-419 |
|
Community Medication Subsidy |
|
$ |
7,711,092 |
|
$ |
7,959,798 |
GRF |
335-505 |
|
Local MH Systems of Care |
|
$ |
89,687,868 |
|
$ |
89,687,868 |
TOTAL GRF General Revenue Fund |
|
$ |
97,398,960 |
|
$ |
97,647,666 |
General Services Fund Group
4P9 |
335-604 |
|
Community Mental Health Projects |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
200,000 |
|
$ |
200,000 |
Federal Special Revenue Fund Group
3A7 |
335-612 |
|
Social Services Block Grant |
|
$ |
9,314,108 |
|
$ |
9,314,108 |
3A8 |
335-613 |
|
Federal Grant - Community Mental Health Board Subsidy |
|
$ |
1,717,040 |
|
$ |
1,717,040 |
3A9 |
335-614 |
|
Mental Health Block Grant |
|
$ |
16,887,218 |
|
$ |
17,056,090 |
3B1 |
335-635 |
|
Community Medicaid Expansion |
|
$ |
220,472,136 |
|
$ |
237,766,721 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
248,390,502 |
|
$ |
265,853,959 |
State Special Revenue Fund Group
632 |
335-616 |
|
Community Capital Replacement |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
346,239,462 |
|
$ |
363,951,625 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
534,725,152 |
|
$ |
543,871,391 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
24,316,437 |
|
$ |
25,832,561 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE |
|
|
|
|
|
|
FUND GROUP |
|
$ |
266,684,114 |
|
$ |
284,576,515 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
6,010,813 |
|
$ |
6,161,164 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
INTRAGOVERNMENTAL FUND GROUP |
|
$ |
85,181,973 |
|
$ |
85,181,973 |
TOTAL DEPARTMENT OF MENTAL HEALTH |
|
$ |
916,918,489 |
|
$ |
945,623,604 |
Section 69.03. COMMUNITY MEDICATION SUBSIDY
The foregoing appropriation item 335-419, Community
Medication Subsidy, shall be used to provide subsidized support
for psychotropic medication needs of indigent citizens in the
community to reduce unnecessary hospitalization because of lack
of
medication and to provide subsidized support for methadone
costs.
LOCAL MENTAL HEALTH SYSTEMS OF CARE
The foregoing appropriation item 335-505, Local Mental Health Systems of Care, shall be used for mental health services provided by community mental health boards in accordance with a community mental health plan submitted pursuant to section 340.03 of the Revised Code and as approved by the Department of Mental Health.
Of the foregoing appropriation, not less than $34,818,917 in fiscal year 2004 and not less than $34,818,917 in fiscal year 2005 shall be distributed by the Department of Mental Health on a per capita basis to community mental health boards.
Of the foregoing appropriation, $100,000 in each fiscal year shall be used to fund family and consumer education and support.
BEHAVIORAL HEALTH MEDICAID SERVICES
The Department of Mental Health shall administer specified
Medicaid Services
as delegated by the Department of Job and Family
Services
in an interagency agreement.
The foregoing appropriation
item
333-607, Behavioral Health Medicaid
Services, may be used to
make
payments for free-standing
psychiatric hospital inpatient
services
as defined in an
interagency agreement with the
Department of
Job and Family Services.
Section 70. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
Section 70.01. GENERAL ADMINISTRATION AND STATEWIDE SERVICES
GRF |
320-321 |
|
Central Administration |
|
$ |
9,174,390 |
|
$ |
9,357,878 |
GRF |
320-412 |
|
Protective Services |
|
$ |
1,911,471 |
|
$ |
2,008,330 |
GRF |
320-415 |
|
Lease-Rental Payments |
|
$ |
25,935,650 |
|
$ |
23,206,750 |
TOTAL GRF General Revenue Fund |
|
$ |
37,021,511 |
|
$ |
34,572,958 |
General Services Fund Group
4B5 |
320-640 |
|
Conference/Training |
|
$ |
400,000 |
|
$ |
400,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
400,000 |
|
$ |
400,000 |
Federal Special Revenue Fund Group
3A4 |
320-605 |
|
Administrative Support |
|
$ |
12,492,892 |
|
$ |
12,492,892 |
3A5 |
320-613 |
|
DD Council Operating
|
|
$ |
861,000 |
|
$ |
861,000 |
|
|
|
Expenses |
|
|
|
|
|
|
325 |
320-634 |
|
Protective Services |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,453,892 |
|
$ |
13,453,892 |
State Special Revenue Fund Group |
|
|
|
|
|
|
5S2 |
590-622 |
|
Medicaid Administration & Oversight |
|
$ |
2,969,552 |
|
$ |
2,969,552 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,969,552 |
|
$ |
2,969,552 |
TOTAL ALL GENERAL ADMINISTRATION |
|
|
|
|
|
|
AND STATEWIDE SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
53,844,955 |
|
$ |
51,396,402 |
The foregoing appropriation item 320-415,
Lease-Rental
Payments,
shall be used to meet
all payments at the times they are
required to be made during the
period from July 1, 2003, to June
30, 2005, by the Department of
Mental Retardation and
Developmental Disabilities pursuant to leases and
agreements
made
under section 154.20 of the Revised Code, but limited to the
aggregate amount of $49,142,400. Nothing in this act shall be
deemed to contravene the obligation of the state to pay, without
necessity for further appropriation, from the sources pledged
thereto, the bond service charges on obligations issued pursuant
to section 154.20 of the Revised Code.
Section 70.02. COMMUNITY SERVICES
GRF |
322-405 |
|
State Use Program |
|
$ |
268,792 |
|
$ |
273,510 |
GRF |
322-413 |
|
Residential and Support
Services |
|
$ |
8,439,337 |
|
$ |
8,450,787 |
GRF |
322-416 |
|
Waiver State Match |
|
$ |
95,695,198 |
|
$ |
100,019,747 |
GRF |
322-417 |
|
Supported Living |
|
$ |
43,179,715 |
|
$ |
43,179,715 |
GRF |
322-451 |
|
Family Support Services |
|
$ |
6,975,870 |
|
$ |
6,975,870 |
GRF |
322-452 |
|
Service and Support Administration |
|
$ |
8,849,724 |
|
$ |
8,849,724 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
31,795,691 |
|
$ |
31,795,691 |
GRF |
322-503 |
|
Tax Equity |
|
$ |
14,000,000 |
|
$ |
15,000,000 |
TOTAL GRF General Revenue Fund |
|
$ |
209,204,327 |
|
$ |
214,545,044 |
General Services Fund Group
4J6 |
322-645 |
|
Intersystem Services for
Children |
|
$ |
3,300,000 |
|
$ |
3,300,000 |
4U4 |
322-606 |
|
Community MR and DD Trust |
|
$ |
300,000 |
|
$ |
300,000 |
4V1 |
322-611 |
|
Program Support |
|
$ |
610,000 |
|
$ |
625,000 |
488 |
322-603 |
|
Residential Services
Refund |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
5,210,000 |
|
$ |
5,225,000 |
Federal Special Revenue Fund Group
3A4 |
322-605 |
|
Community Program Support |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
3A4 |
322-610 |
|
Community Residential Support
|
|
$ |
500,000 |
|
$ |
500,000 |
3A5 |
322-613 |
|
DD Council Grants |
|
$ |
3,130,000 |
|
$ |
3,130,000 |
3G6 |
322-639 |
|
Medicaid Waiver |
|
$ |
344,068,714 |
|
$ |
373,772,814 |
3M7 |
322-650 |
|
CAFS Medicaid |
|
$ |
254,739,737 |
|
$ |
267,668,087 |
325 |
322-608 |
|
Federal Grants -
|
|
$ |
2,023,587 |
|
$ |
1,833,815 |
|
|
|
Operating Expenses |
|
|
|
|
|
|
325 |
322-612 |
|
Social Service Block
|
|
$ |
10,319,346 |
|
$ |
10,330,830 |
|
|
|
Grant |
|
|
|
|
|
|
325 |
322-617 |
|
Education Grants -
|
|
$ |
75,500 |
|
$ |
75,500 |
|
|
|
Operating |
|
|
|
|
|
|
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
615,856,884 |
|
$ |
658,311,046 |
State Special Revenue Fund Group
4K8 |
322-604 |
|
Waiver - Match |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
5H0 |
322-619 |
|
Medicaid Repayment |
|
$ |
25,000 |
|
$ |
25,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,025,000 |
|
$ |
12,025,000 |
TOTAL ALL COMMUNITY SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
842,296,211 |
|
$ |
890,106,090 |
RESIDENTIAL AND SUPPORT SERVICES
The Department of Mental Retardation and Developmental Disabilities may designate a portion of appropriation item 322-413, Residential and Support Services, for the following:
(A) Sermak Class Services used to implement the requirements
of the agreement settling the consent
decree in
Sermak v. Manuel, Case No.
c-2-80-220,
United
States District Court for the Southern District
of Ohio,
Eastern Division;
(B) Medicaid-reimbursed programs other than home and community-based waiver services, in an amount not to
exceed $1,000,000 in each fiscal year, that enable persons with
mental retardation and developmental disabilities to live in the
community.
The purposes for which the foregoing appropriation item 322-416, Waiver State Match, shall be used include the following:
(A) Home and community-based waiver services pursuant to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended;
(B) Services contracted by county boards of mental retardation and developmental disabilities;
(C) To pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities does not initiate or support the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
The Department of Mental Retardation and Developmental Disabilities may designate a portion of appropriation item 322-416, Waiver State Match, to county boards of mental retardation and developmental disabilities that have greater need for various residential and support services due to a low percentage of residential and support services development in comparison to the number of individuals with mental retardation or developmental disabilities in the county.
The purposes for which the foregoing appropriation item 322-417, Supported Living, shall be used include supported living services contracted by county boards of mental retardation and developmental disabilities in accordance with sections 5126.40 to 5126.47 of the Revised Code and to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities does not initiate or support the development of certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS
Notwithstanding Chapters 5123. and 5126. of the Revised Code, the Department of Mental Retardation and Developmental Disabilities may develop residential and support service programs funded by appropriation item 322-413, Residential and Support Services, appropriation item 322-416, Waiver State Match, or appropriation item 322-417, Supported Living, that enable persons with mental retardation and developmental disabilities to live in the community. Notwithstanding Chapter 5121. and section 5123.122 of the Revised Code, the department may waive the support collection requirements of those statutes for persons in community programs developed by the department under this section. The department shall adopt rules under Chapter 119. of the Revised Code or may use existing rules for the implementation of these programs.
Notwithstanding sections 5123.171, 5123.19, 5123.20, and
5126.11 of the Revised Code, the Department of Mental Retardation
and Developmental Disabilities may implement programs funded by
appropriation item 322-451, Family Support Services, to provide
assistance to persons with mental retardation or developmental
disabilities and their families who are living in the
community.
The department shall adopt rules to implement
these programs. The department may also use the foregoing appropriation item 322-451, Family Support Services, to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities initiates or supports the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
SERVICE AND SUPPORT ADMINISTRATION
The foregoing appropriation item 322-452, Service and Support Administration,
shall be allocated to county
boards of mental retardation and
developmental disabilities for the purpose of
providing service and support administration services and
to assist in bringing state funding for
all department-approved
service and support administrators within county boards of
mental retardation and
developmental disabilities to the level
authorized in division
(C) of section 5126.15 of the Revised Code.
The department
may request approval from the Controlling Board to
transfer any
unobligated appropriation authority from other state
General
Revenue Fund appropriation items within the department's
budget
to appropriation item 322-452, Service and Support Administration, to be used
to
meet the statutory funding level in division (C) of section
5126.15 of the Revised Code.
Notwithstanding division (C) of section 5126.15 of the
Revised Code and
subject to funding in appropriation item 322-452,
Service and Support Administration, no county
may receive less than its allocation in
fiscal year 1995. Wherever case management services are referred to in any law, contract, or other document, the reference shall be deemed to refer to service and support administration. No action or proceeding pending on the effective date of this section is affected by the renaming of case management services as service and support administration.
The Department of Mental Retardation and Developmental Disabilities shall adopt, amend, and rescind rules as necessary to reflect the renaming of case management services as service and support administration. All boards of mental retardation and developmental disabilities and the entities with which they contract for services shall rename the titles of their employees who provide service and support administration. All boards and contracting entities shall make corresponding changes to all employment contracts.
The department may also use the foregoing appropriation item 322-452, Service and Support Administration, to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities initiates or supports the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
STATE SUBSIDIES TO MR/DD BOARDS
The foregoing appropriation item
322-501, County Boards Subsidies, shall be distributed to county boards of mental
retardation and developmental disabilities pursuant to section 5126.12 of the Revised Code to the
limit of the lesser of the amount required by that section or the appropriation in appropriation
item 322-501 prorated to all county boards of mental retardation
and developmental disabilities.
The department may also use the foregoing appropriation item 322-501, County Board Subsidies, to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities initiates or supports the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
The foregoing appropriation item 322-503, Tax Equity, shall be used to fund the tax equalization program created under section 5126.18 of the Revised Code for county boards of mental retardation and developmental disabilities.
INTERSYSTEM SERVICES FOR CHILDREN
The foregoing appropriation item 322-645, Intersystem
Services for Children, shall be used to support direct grants to
county family and children first councils created under section
121.37 of the Revised Code. The funds shall be used as partial
support payment and reimbursement for locally coordinated
treatment plans for multi-needs children that come to the
attention of the Family and Children First Cabinet Council
pursuant to section 121.37 of the Revised Code. The Department of
Mental Retardation and Developmental Disabilities may use up to
five per cent of this amount for administrative expenses
associated with the distribution of funds to the county councils.
The foregoing appropriation item 322-604, Waiver-Match (Fund
4K8),
shall be used as state matching funds for the home and
community-based
waivers.
Section 70.03. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A
MODEL BILLING FOR
SERVICES RENDERED
Developmental centers of the Department of Mental Retardation
and
Developmental Disabilities may provide services to persons
with mental
retardation or developmental disabilities living in
the community or to
providers of services to these persons. The
department may develop a
methodology for recovery of all costs
associated with the provisions of these
services.
Section 70.04. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER PHARMACY PROGRAMS
Beginning July 1, 2003, the Department of Mental Retardation and Developmental Disabilities shall pay the Department of Job and Family Services quarterly, through intrastate transfer voucher, the nonfederal share of Medicaid prescription drug claim costs for all developmental centers paid by the Department of Job and Family Services.
Section 70.05. RESIDENTIAL FACILITIES
GRF |
323-321 |
|
Residential Facilities
|
|
$ |
103,402,750 |
|
$ |
104,634,635 |
|
|
|
Operations |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
103,402,750 |
|
$ |
104,634,635 |
General Services Fund Group
152 |
323-609 |
|
Residential Facilities
|
|
$ |
912,177 |
|
$ |
912,177 |
|
|
|
Support |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
912,177 |
|
$ |
912,177 |
Federal Special Revenue Fund Group
3A4 |
323-605 |
|
Residential Facilities
|
|
$ |
128,736,729 |
|
$ |
128,831,708 |
|
|
|
Reimbursement |
|
|
|
|
|
|
325 |
323-608 |
|
Federal Grants -
|
|
$ |
571,381 |
|
$ |
582,809 |
|
|
|
Subsidies |
|
|
|
|
|
|
325 |
323-617 |
|
Education Grants -
|
|
$ |
425,000 |
|
$ |
425,000 |
|
|
|
Residential Facilities |
|
|
|
|
|
|
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
129,733,110 |
|
` |
129,839,517 |
State Special Revenue Fund Group
489 |
323-632 |
|
Operating Expense |
|
$ |
12,125,628 |
|
$ |
12,125,628 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,125,628 |
|
$ |
12,125,628 |
TOTAL ALL RESIDENTIAL FACILITIES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
246,173,665 |
|
$ |
247,511,957 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
349,628,588 |
|
$ |
353,752,637 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
6,522,177 |
|
$ |
6,537,177 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE FUND GROUP |
|
$ |
759,043,886 |
|
$ |
801,604,455 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
27,120,180 |
|
$ |
27,120,180 |
TOTAL DEPARTMENT OF MENTAL |
|
|
|
|
|
|
RETARDATION AND DEVELOPMENTAL |
|
|
|
|
|
|
DISABILITIES |
|
$ |
1,142,314,831 |
|
$ |
1,189,014,449 |
(A) The Executive
Branch Committee on Medicaid Redesign and Expansion of MRDD
Services, as established by Am. Sub. H.B. 94 of the 124th General Assembly, shall continue and consist of all of the following
individuals:
(1) One representative of the Governor appointed by the
Governor;
(2) Two representatives of the Department of Mental
Retardation and Developmental Disabilities appointed by the
Director of Mental Retardation and Developmental Disabilities;
(3) Two representatives of the Department of Job and Family
Services appointed by the Director of Job and Family Services;
(4) One representative of the Office of Budget and
Management appointed by the Director of Budget and Management;
(5) One representative of The Arc of Ohio appointed by the
organization's board of trustees;
(6) One representative of the Ohio Association of County
Boards of Mental Retardation and Developmental Disabilities
appointed by the association's board of trustees;
(7) One representative of the Ohio Superintendents of County
Boards of Mental Retardation and
Developmental Disabilities
appointed by the organization's board
of trustees;
(8) One representative of the Ohio Provider Resource
Association appointed by the association's board of trustees;
(9) One representative of the Ohio Health Care Association
appointed by the association's board of trustees;
(10) One representative of individuals with mental
retardation or other developmental disability appointed by the
Director of Mental Retardation and Developmental Disabilities.
(B) The Governor shall appoint the chairperson of the
committee. Members of the committee shall serve without
compensation or reimbursement, except to the extent that serving
on the committee is considered a part of their regular employment
duties.
(C) The committee shall meet at times determined by the
chairperson to do all of the following:
(1) Review the effect that the provisions of this act
regarding Medicaid funding for services to individuals with mental
retardation or other developmental disability have on the funding
and provision of services to such individuals;
(2) Identify issues related to, and barriers to, the
effective implementation of those provisions of this act with the
goal of meeting the needs of individuals with mental retardation
or other developmental disability;
(3) Establish effective means for resolving the issues and
barriers, including advocating changes to state law, rules, or
both.
(D) The committee
shall submit a final report to the Governor and Directors of Mental
Retardation and Developmental Disabilities and Job and Family
Services and shall cease to exist on submission of the
final report unless the Governor issues an executive order
providing for the committee to continue.
Section 71. MIH COMMISSION ON MINORITY HEALTH
GRF |
149-321 |
|
Operating Expenses |
|
$ |
572,679 |
|
$ |
575,948 |
GRF |
149-501 |
|
Minority Health Grants |
|
$ |
751,478 |
|
$ |
751,478 |
GRF |
149-502 |
|
Lupus Program |
|
$ |
141,556 |
|
$ |
141,556 |
TOTAL GRF General Revenue Fund |
|
$ |
1,465,713 |
|
$ |
1,468,982 |
Federal Special Revenue Fund Group
3J9 |
149-602 |
|
Federal Grants |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
150,000 |
|
$ |
150,000 |
State Special Revenue Fund Group
4C2 |
149-601 |
|
Minority Health Conference |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,765,713 |
|
$ |
1,768,982 |
The foregoing appropriation item 149-502, Lupus Program,
shall be used to provide grants for programs in patient, public,
and professional education on the subject of systemic lupus
erythemtosus; to encourage and develop local centers on lupus
information gathering and screening; and to provide outreach to
minority women.
Section 72. CRB MOTOR VEHICLE COLLISION REPAIR
REGISTRATION BOARD
General Service Fund Group
5H9 |
865-609 |
|
Operating Expenses |
|
$ |
285,497 |
|
$ |
314,422 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
285,497 |
|
$ |
314,422 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
285,497 |
|
$ |
314,422 |
Section 73. DNR DEPARTMENT OF NATURAL RESOURCES
GRF |
725-404 |
|
Fountain Square Rental Payments - OBA |
|
$ |
1,093,300 |
|
$ |
1,094,800 |
GRF |
725-407 |
|
Conservation Reserve Enhancement Program |
|
$ |
1,218,750 |
|
$ |
1,218,750 |
GRF |
725-413 |
|
OPFC Lease Rental Payments |
|
$ |
15,066,500 |
|
$ |
17,709,500 |
GRF |
725-423 |
|
Stream and Ground Water Gauging |
|
$ |
331,819 |
|
$ |
331,819 |
GRF |
725-425 |
|
Wildlife License Reimbursement |
|
$ |
487,500 |
|
$ |
487,500 |
GRF |
725-456 |
|
Canal Lands |
|
$ |
332,859 |
|
$ |
332,859 |
GRF |
725-502 |
|
Soil and Water Districts |
|
$ |
9,262,500 |
|
$ |
9,018,750 |
GRF |
725-903 |
|
Natural Resources General Obligation Debt Service |
|
$ |
23,808,300 |
|
$ |
26,914,300 |
GRF |
727-321 |
|
Division of Forestry |
|
$ |
9,503,082 |
|
$ |
9,630,384 |
GRF |
728-321 |
|
Division of Geological Survey |
|
$ |
1,980,135 |
|
$ |
1,991,163 |
GRF |
729-321 |
|
Office of Information Technology |
|
$ |
440,895 |
|
$ |
440,895 |
GRF |
730-321 |
|
Division of Parks and Recreation |
|
$ |
34,689,553 |
|
$ |
37,464,717 |
GRF |
733-321 |
|
Division of Water |
|
$ |
3,355,830 |
|
$ |
3,237,619 |
GRF |
736-321 |
|
Division of Engineering |
|
$ |
3,410,852 |
|
$ |
3,436,918 |
GRF |
737-321 |
|
Division of Soil and Water |
|
$ |
3,995,288 |
|
$ |
4,014,788 |
GRF |
738-321 |
|
Division of Real Estate and Land Management |
|
$ |
2,322,031 |
|
$ |
2,331,781 |
GRF |
741-321 |
|
Division of Natural Areas and Preserves |
|
$ |
3,238,612 |
|
$ |
3,226,656 |
GRF |
744-321 |
|
Division of Mineral
Resources Management |
|
$ |
3,439,744 |
|
$ |
3,495,967 |
TOTAL GRF General Revenue Fund |
|
$ |
117,977,550 |
|
$ |
126,379,166 |
General Services Fund Group
155 |
725-601 |
|
Departmental Projects |
|
$ |
2,645,479 |
|
$ |
2,831,337 |
157 |
725-651 |
|
Central Support Indirect |
|
$ |
8,272,102 |
|
$ |
8,423,094 |
161 |
725-635 |
|
Parks Facilities Maintenance |
|
$ |
2,063,124 |
|
$ |
2,576,240 |
204 |
725-687 |
|
Information Services |
|
$ |
3,384,275 |
|
$ |
3,476,627 |
206 |
725-689 |
|
REALM Support Services |
|
$ |
475,000 |
|
$ |
475,000 |
207 |
725-690 |
|
Real Estate Services |
|
$ |
54,000 |
|
$ |
54,000 |
4D5 |
725-618 |
|
Recycled Materials |
|
$ |
50,000 |
|
$ |
50,000 |
4S9 |
725-622 |
|
NatureWorks Personnel |
|
$ |
908,516 |
|
$ |
983,103 |
4X8 |
725-662 |
|
Water Resources Council |
|
$ |
282,524 |
|
$ |
282,524 |
430 |
725-671 |
|
Canal Lands |
|
$ |
1,119,834 |
|
$ |
1,059,056 |
508 |
725-684 |
|
Natural Resources Publication Center Interstate |
|
$ |
209,364 |
|
$ |
215,626 |
510 |
725-631 |
|
Maintenance - state-owned residences |
|
$ |
255,905 |
|
$ |
260,849 |
516 |
725-620 |
|
Water Management |
|
$ |
3,663,849 |
|
$ |
2,342,814 |
635 |
725-664 |
|
Fountain Square Facilities Management |
|
$ |
3,104,199 |
|
$ |
3,104,199 |
697 |
725-670 |
|
Submerged Lands |
|
$ |
507,099 |
|
$ |
542,011 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
26,995,270 |
|
$ |
26,676,480 |
Federal Special Revenue Fund Group
3B3 |
725-640 |
|
Federal Forest Pass-Thru |
|
$ |
140,000 |
|
$ |
150,000 |
3B4 |
725-641 |
|
Federal Flood Pass-Thru |
|
$ |
280,000 |
|
$ |
285,000 |
3B5 |
725-645 |
|
Federal Abandoned Mine Lands |
|
$ |
11,922,845 |
|
$ |
11,843,866 |
3B6 |
725-653 |
|
Federal Land and Water Conservation Grants |
|
$ |
4,900,000 |
|
$ |
5,000,000 |
3B7 |
725-654 |
|
Reclamation -
Regulatory |
|
$ |
2,179,870 |
|
$ |
2,168,413 |
3P0 |
725-630 |
|
Natural Areas and Preserves - Federal |
|
$ |
718,876 |
|
$ |
552,480 |
3P1 |
725-632 |
|
Geological Survey - Federal |
|
$ |
470,780 |
|
$ |
479,653 |
3P2 |
725-642 |
|
Oil and Gas-Federal |
|
$ |
224,537 |
|
$ |
232,964 |
3P3 |
725-650 |
|
Real Estate and Land Management - Federal |
|
$ |
2,357,000 |
|
$ |
2,357,000 |
3P4 |
725-660 |
|
Water - Federal |
|
$ |
300,000 |
|
$ |
242,000 |
3R5 |
725-673 |
|
Acid Mine Drainage Abatement/Treatment |
|
$ |
792,028 |
|
$ |
837,223 |
3Z5 |
725-657 |
|
REALM Federal |
|
$ |
1,578,871 |
|
$ |
1,578,871 |
328 |
725-603 |
|
Forestry Federal |
|
$ |
1,530,561 |
|
$ |
1,484,531 |
332 |
725-669 |
|
Federal Mine Safety Grant |
|
$ |
247,364 |
|
$ |
258,103 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
27,642,732 |
|
$ |
27,470,104 |
State Special Revenue Fund Group
4J2 |
725-628 |
|
Injection Well Review |
|
$ |
98,468 |
|
$ |
81,188 |
4M7 |
725-631 |
|
Wildfire Suppression |
|
$ |
50,000 |
|
$ |
100,000 |
4U6 |
725-668 |
|
Scenic Rivers Protection |
|
$ |
561,000 |
|
$ |
617,100 |
5B3 |
725-674 |
|
Mining Regulation |
|
$ |
35,000 |
|
$ |
35,000 |
5K1 |
725-626 |
|
Urban Forestry Grant |
|
$ |
400,000 |
|
$ |
400,000 |
5P2 |
725-634 |
|
Wildlife Boater Angler Administration |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
509 |
725-602 |
|
State Forest |
|
$ |
982,970 |
|
$ |
2,559,117 |
511 |
725-646 |
|
Ohio Geologic Mapping |
|
$ |
983,274 |
|
$ |
985,940 |
512 |
725-605 |
|
State Parks Operations |
|
$ |
29,915,146 |
|
$ |
29,915,146 |
514 |
725-606 |
|
Lake Erie Shoreline |
|
$ |
1,027,093 |
|
$ |
936,254 |
518 |
725-643 |
|
Oil and Gas Permit Fees |
|
$ |
2,205,651 |
|
$ |
2,399,580 |
518 |
725-677 |
|
Oil and Gas Well Plugging |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
521 |
725-627 |
|
Off-Road Vehicle Trails |
|
$ |
118,490 |
|
$ |
123,490 |
522 |
725-656 |
|
Natural Areas Checkoff Funds |
|
$ |
2,046,737 |
|
$ |
1,550,670 |
526 |
725-610 |
|
Strip Mining Administration Fees |
|
$ |
1,449,459 |
|
$ |
1,449,459 |
527 |
725-637 |
|
Surface Mining Administration |
|
$ |
2,793,938 |
|
$ |
2,693,938 |
529 |
725-639 |
|
Unreclaimed Land Fund |
|
$ |
641,589 |
|
$ |
771,037 |
531 |
725-648 |
|
Reclamation Forfeiture |
|
$ |
2,393,762 |
|
$ |
2,374,087 |
532 |
725-644 |
|
Litter Control and Recycling |
|
$ |
12,544,686 |
|
$ |
12,544,686 |
586 |
725-633 |
|
Scrap Tire Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
615 |
725-661 |
|
Dam Safety |
|
$ |
286,045 |
|
$ |
408,223 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
62,033,308 |
|
$ |
63,484,915 |
061 |
725-405 |
|
Clean Ohio Operating |
|
$ |
155,000 |
|
$ |
155,000 |
TOTAL CLR Clean Ohio Fund Group |
|
$ |
155,000 |
|
$ |
155,000 |
015 |
740-401 |
|
Division of Wildlife Conservation |
|
$ |
46,000,000 |
|
$ |
46,000,000 |
815 |
725-636 |
|
Cooperative Management Projects |
|
$ |
120,449 |
|
$ |
120,449 |
816 |
725-649 |
|
Wetlands Habitat |
|
$ |
966,885 |
|
$ |
966,885 |
817 |
725-655 |
|
Wildlife Conservation Checkoff Fund |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
818 |
725-629 |
|
Cooperative Fisheries Research |
|
$ |
988,582 |
|
$ |
988,582 |
819 |
725-685 |
|
Ohio River Management |
|
$ |
128,584 |
|
$ |
128,584 |
TOTAL WLF Wildlife Fund Group |
|
$ |
53,204,500 |
|
$ |
53,204,500 |
Waterways Safety Fund Group
086 |
725-414 |
|
Waterways Improvement |
|
$ |
3,813,051 |
|
$ |
4,140,186 |
086 |
725-418 |
|
Buoy Placement |
|
$ |
42,182 |
|
$ |
42,182 |
086 |
725-501 |
|
Waterway Safety Grants |
|
$ |
137,867 |
|
$ |
137,867 |
086 |
725-506 |
|
Watercraft Marine Patrol |
|
$ |
576,153 |
|
$ |
576,153 |
086 |
725-513 |
|
Watercraft Educational Grants |
|
$ |
366,643 |
|
$ |
366,643 |
086 |
739-401 |
|
Division of Watercraft |
|
$ |
19,201,158 |
|
$ |
18,299,158 |
TOTAL WSF Waterways Safety Fund |
|
|
|
|
|
|
Group |
|
$ |
24,137,054 |
|
$ |
23,562,189 |
Holding Account Redistribution Fund Group
R17 |
725-659 |
|
Performance Cash Bond Refunds |
|
$ |
226,500 |
|
$ |
226,500 |
R43 |
725-624 |
|
Forestry |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
1,026,500 |
|
$ |
1,026,500 |
Accrued Leave Liability Fund Group
4M8 |
725-675 |
|
FOP Contract |
|
$ |
20,884 |
|
$ |
20,844 |
TOTAL ALF Accrued Leave |
|
|
|
|
|
|
Liability Fund Group |
|
$ |
20,884 |
|
$ |
20,884 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
313,192,758 |
|
$ |
321,979,698 |
Section 73.01. FOUNTAIN SQUARE
The foregoing appropriation item 725-404, Fountain Square
Rental Payments - OBA, shall be used by the Department of Natural
Resources to meet all payments required to be made to the Ohio
Building Authority during the period from July 1, 2003, to June
30, 2005, pursuant to leases and agreements with the Ohio Building
Authority under section 152.241 of the Revised Code, but limited
to the aggregate amount of $2,188,100.
The Director of Natural Resources, using intrastate transfer
vouchers, shall make payments to the General Revenue Fund from
funds other than the General Revenue Fund to reimburse the General
Revenue Fund for the other funds' shares of the lease rental
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the
payment to the Ohio Building Authority for the actual amounts
necessary to fulfill the leases and agreements pursuant to section
152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square
Facilities Management (Fund 635), shall be used for payment of
repairs, renovation, utilities, property management, and building
maintenance expenses for the Fountain Square Complex. Cash
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of
Natural Resources shall be deposited into the Fountain Square
Facilities Management Fund (Fund 635).
The foregoing appropriation item 725-413, OPFC Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2003, to June
30, 2005, by the Department of Natural Resources pursuant to
leases and agreements made under section 154.22 of the Revised
Code, but limited to the aggregate amount of $32,776,000. Nothing
in
this act shall be deemed to contravene the obligation of the
state to pay, without necessity for further appropriation, from
the sources pledged thereto, the bond service charges on
obligations issued pursuant to section 154.22 of the Revised Code.
NATURAL RESOURCES GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 725-903, Natural Resources
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required to be
made pursuant to sections 151.01 and 151.05 of the Revised Code
during the period from July 1, 2003,
to June 30, 2005. The Office
of the Sinking Fund or the
Director of Budget and Management shall
effectuate the required
payments by an intrastate transfer
voucher.
Section 73.02. WILDLIFE LICENSE REIMBURSEMENT
Notwithstanding the limits of the transfer from the General
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15
of the Revised Code, up to the amount available in appropriation
item 725-425, Wildlife License Reimbursement, may be transferred
from the General Revenue Fund to the Wildlife Fund (Fund 015).
Pursuant to the certification of the Director of Budget and
Management of the amount of foregone revenue in accordance with
section 1533.15 of the Revised Code, the foregoing appropriation
item in the General Revenue Fund, appropriation item 725-425,
Wildlife License Reimbursement, shall be used to reimburse the
Wildlife Fund (Fund 015) for the cost of hunting and fishing
licenses and permits issued after June 30, 1990, to individuals
who are exempted under the Revised Code from license, permit, and
stamp fees.
The foregoing appropriation item 725-456, Canal Lands, shall
be used to transfer funds to the Canal Lands Fund (Fund 430) to
provide operating expenses for the State Canal Lands Program. The
transfer shall be made using an intrastate transfer voucher and
shall be subject to the approval of the Director of Budget and
Management.
In addition to state payments to soil and water conservation
districts authorized by section 1515.10 of the Revised Code, the
Department of Natural Resources may pay to any soil and water
conservation district, from authority in appropriation item
725-502, Soil and Water Districts, an annual amount not to exceed
$30,000, upon receipt of a request and justification from the
district and approval by the Ohio Soil and Water Conservation
Commission. The county auditor shall credit the payments to the
special fund established under section 1515.10 of the Revised Code
for the local soil and water conservation district. Moneys
received by each district shall be expended for the purposes of
the district.
On July 15, 2003, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance as certified by the Director of Natural Resources from the Real Estate and Land Management-Federal Fund (Fund 3P3) to the REALM-Federal Fund (Fund 325). The Director shall cancel any
remaining outstanding encumbrances against appropriation item
725-650, Real Estate and Land Management-Federal, that are associated with the REALM federal programs and reestablish them against appropriation item 725-657, REALM-Federal. The amounts of any encumbrances canceled and reestablished are hereby appropriated.
OIL AND GAS WELL PLUGGING
The foregoing appropriation item 725-677, Oil and Gas Well
Plugging, shall be used exclusively for the purposes of plugging
wells and to properly restore the land surface of idle and orphan
oil and gas wells pursuant to section 1509.071 of the Revised
Code. No funds from the appropriation item shall be used for
salaries, maintenance, equipment, or other administrative
purposes, except for those costs directly attributed to the
plugging of an idle or orphan well. Appropriation authority from
this appropriation item shall not be transferred to any other fund or line
item.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 725-405, Clean Ohio Operating, shall be used by the Department of Natural Resources in administering section 1519.05 of the Revised Code.
Of the foregoing appropriation item 739-401, Division of
Watercraft, not more than $200,000 in each fiscal year shall be
expended for the purchase of equipment for marine patrols
qualifying for funding from the Department of Natural Resources
pursuant to section 1547.67 of the Revised Code. Proposals for
equipment shall accompany the submission of documentation for
receipt of a marine patrol subsidy pursuant to section 1547.67 of
the Revised Code and shall be loaned to eligible marine patrols
pursuant to a cooperative agreement between the Department of
Natural Resources and the eligible marine patrol.
ELIMINATION OF CIVILIAN CONSERVATION CORPS
Upon the closure of the Division of Civilian Conservation, the Director of Natural Resources, not later than June 30, 2004, shall distribute, allocate, salvage, or transfer all assets, equipment, supplies, and cash balances of the Division of Civilian Conservation to other operating divisions of the Department of Natural Resources as determined by the director. The director shall maintain a record of such disposition of all assets.
The director shall maintain balances within the Civilian Conservation Corps Fund to pay all outstanding obligations, including unemployment and other costs associated with the orderly closure of the Division of Civilian Conservation. All amounts necessary for the orderly closure are hereby appropriated.
Section 74. NUR STATE BOARD OF NURSING
General Services Fund Group
4K9 |
884-609 |
|
Operating Expenses |
|
$ |
5,232,776 |
|
$ |
5,257,576 |
5P8 |
884-601 |
|
Nursing Special Issues |
|
$ |
5,000 |
|
$ |
5,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
5,237,776 |
|
$ |
5,262,576 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
5,237,776 |
|
$ |
5,262,576 |
The foregoing appropriation item 884-601, Nursing Special
Issues (Fund 5P8), shall be used to pay the costs the Board of
Nursing incurs in implementing section 4723.062 of the Revised
Code.
Section 75. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,
AND
ATHLETIC TRAINERS BOARD
General Services Fund Group
4K9 |
890-609 |
|
Operating Expenses |
|
$ |
771,391 |
|
$ |
801,480 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
771,391 |
|
$ |
801,480 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
771,391 |
|
$ |
801,480 |
Section 76. OLA OHIOANA LIBRARY ASSOCIATION
GRF |
355-501 |
|
Library Subsidy |
|
$ |
215,036 |
|
$ |
215,036 |
TOTAL GRF General Revenue Fund |
|
$ |
215,036 |
|
$ |
215,036 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
215,036 |
|
$ |
215,036 |
Section 77. ODB OHIO OPTICAL DISPENSERS BOARD
General Services Fund Group
4K9 |
894-609 |
|
Operating Expenses |
|
$ |
307,096 |
|
$ |
312,656 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
307,096 |
|
$ |
312,656 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
307,096 |
|
$ |
312,656 |
Section 78. OPT STATE BOARD OF OPTOMETRY
General Services Fund Group
4K9 |
885-609 |
|
Operating Expenses |
|
$ |
306,140 |
|
$ |
324,391 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
306,140 |
|
$ |
324,391 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
306,140 |
|
$ |
324,391 |
Section 79. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS
General Services Fund Group
4K9 |
973-609 |
|
Operating Expenses |
|
$ |
100,206 |
|
$ |
102,395 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
100,206 |
|
$ |
102,395 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
100,206 |
|
$ |
102,395 |
Section 80. PBR STATE PERSONNEL BOARD OF REVIEW
GRF |
124-321 |
|
Operating |
|
$ |
1,029,430 |
|
$ |
1,077,170 |
TOTAL GRF General Revenue Fund |
|
$ |
1,029,430 |
|
$ |
1,077,170 |
General Services Fund Group
636 |
124-601 |
|
Transcript and Other |
|
$ |
25,000 |
|
$ |
25,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
25,000 |
|
$ |
25,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,054,430 |
|
$ |
1,102,170 |
The foregoing appropriation item 124-601, Transcript and
Other, may be used to defray the costs of producing an administrative record.
Section 81. PRX STATE BOARD OF PHARMACY
General Services Fund Group
4A5 |
887-605 |
|
Drug Law Enforcement |
|
$ |
72,900 |
|
$ |
75,550 |
4K9 |
887-609 |
|
Operating Expenses |
|
$ |
4,733,987 |
|
$ |
4,914,594 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
4,806,887 |
|
$ |
4,990,144 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,806,887 |
|
$ |
4,990,144 |
Section 82. PSY STATE BOARD OF PSYCHOLOGY
General Services Fund Group
4K9 |
882-609 |
|
Operating Expenses |
|
$ |
516,544 |
|
$ |
513,525 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
516,544 |
|
$ |
513,525 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
516,544 |
|
$ |
513,525 |
Section 83. PUB OHIO PUBLIC DEFENDER COMMISSION
GRF |
019-321 |
|
Public Defender Administration |
|
$ |
1,430,057 |
|
$ |
1,351,494 |
GRF |
019-401 |
|
State Legal Defense Services |
|
$ |
5,724,780 |
|
$ |
5,693,572 |
GRF |
019-403 |
|
Multi-County: State Share |
|
$ |
917,668 |
|
$ |
930,894 |
GRF |
019-404 |
|
Trumbull County - State Share |
|
$ |
299,546 |
|
$ |
308,450 |
GRF |
019-405 |
|
Training
Account |
|
$ |
33,323 |
|
$ |
33,323 |
GRF |
019-501 |
|
County Reimbursement - Non-Capital Cases |
|
$ |
30,567,240 |
|
$ |
32,630,070 |
GRF |
019-503 |
|
County Reimbursement - Capital Cases |
|
$ |
693,000 |
|
$ |
726,000 |
TOTAL GRF General Revenue Fund |
|
$ |
39,665,614 |
|
$ |
41,673,803 |
General Services Fund Group
101 |
019-602 |
|
Inmate Legal Assistance |
|
$ |
52,698 |
|
$ |
53,086 |
406 |
019-603 |
|
Training and Publications |
|
$ |
16,000 |
|
$ |
16,000 |
407 |
019-604 |
|
County Representation |
|
$ |
255,789 |
|
$ |
259,139 |
408 |
019-605 |
|
Client Payments |
|
$ |
285,533 |
|
$ |
285,533 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
610,020 |
|
$ |
613,758 |
Federal Special Revenue Fund Group
3S8 |
019-608 |
|
Federal Representation |
|
$ |
351,428 |
|
$ |
355,950 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
351,428 |
|
$ |
355,950 |
State Special Revenue Fund Group
4C7 |
019-601 |
|
Multi-County: County Share |
|
$ |
1,923,780 |
|
$ |
1,991,506 |
4X7 |
019-610 |
|
Trumbull County - County Share |
|
$ |
624,841 |
|
$ |
658,764 |
574 |
019-606 |
|
Legal Services Corporation |
|
$ |
14,305,700 |
|
$ |
14,305,800 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
16,854,321 |
|
$ |
16,956,070 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
57,481,383 |
|
$ |
59,599,581 |
The foregoing appropriation items 019-404, Trumbull County -
State Share, and
019-610, Trumbull County - County Share, shall be
used to
support an indigent defense office for Trumbull County.
The foregoing appropriation items 019-403, Multi-County:
State Share, and 019-601, Multi-County: County Share, shall be
used to support the Office of the Ohio Public Defender's
Multi-County Branch Office Program.
The foregoing appropriation item 019-405, Training Account,
shall be used by the Ohio Public Defender to provide legal
training programs at no cost for private appointed counsel who
represent at
least one indigent defendant at no cost and for
state and county public
defenders and attorneys who contract with
the Ohio Public
Defender to provide indigent defense services.
The foregoing appropriation item 019-608, Federal
Representation, shall be used to receive reimbursements from the
federal courts when the Ohio Public Defender
provides
representation in federal court cases and to support representation in such cases.
Section 84. DHS DEPARTMENT OF PUBLIC SAFETY
GRF |
763-403 |
|
Operating Expenses - EMA |
|
$ |
4,058,188 |
|
$ |
4,058,188 |
GRF |
763-501 |
|
County Emergency Preparedness Grants |
|
$ |
500,000 |
|
$ |
500,000 |
GRF |
763-507 |
|
Individual and Households Grants |
|
$ |
48,750 |
|
$ |
48,750 |
GRF |
769-321 |
|
Food Stamp Trafficking Enforcement Operations |
|
$ |
817,177 |
|
$ |
817,177 |
TOTAL GRF General Revenue Fund |
|
$ |
5,424,115 |
|
$ |
5,424,115 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,424,115 |
|
$ |
5,424,115 |
OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT
Of the foregoing appropriation item 763-403, Operating
Expenses -
EMA,
$200,000 in each fiscal year shall be used to fund
the Ohio Task Force One -
Urban Search and Rescue Unit and other
urban search and rescue programs around the state to create a
stronger search and rescue capability statewide.
COUNTY EMERGENCY PREPAREDNESS GRANTS
The foregoing appropriation item 763-501, County Emergency Preparedness Grants, shall be used to improve preparedness of local emergency management agencies and authorities in accordance with Chapter 5502. of the Revised Code. The grants shall be distributed to agencies based on the distribution formula established for the Federal Emergency Management Agency (FEMA) "Emergency Management Performance Grant" (EMPG). Grants made under this section are not intended to supplant any federal, state, or local funding to an agency or authority. Therefore, neither a state agency nor any political subdivision shall take into account the receipt of a grant under this section in determining the amount of support that a state agency or political subdivision provides to an emergency management agency or authority.
INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH
The foregoing appropriation item 763-507, Individual and
Households Grants, shall
be used to fund the state share of costs to
provide grants to individuals and
households in cases of disaster.
Section 85. PUC PUBLIC UTILITIES COMMISSION OF OHIO
General Services Fund Group
5F6 |
870-622 |
|
Utility and Railroad Regulation |
|
$ |
30,622,222 |
|
$ |
30,622,222 |
5F6 |
870-624 |
|
NARUC/NRRI Subsidy |
|
$ |
167,233 |
|
$ |
167,233 |
5F6 |
870-625 |
|
Motor Transportation Regulation |
|
$ |
5,361,239 |
|
$ |
5,361,239 |
558 |
870-602 |
|
Salvage and Exchange |
|
$ |
16,477 |
|
$ |
4,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
36,167,171 |
|
$ |
36,154,694 |
Federal Special Revenue Fund Group
3V3 |
870-604 |
|
Commercial Vehicle Information Systems/Networks |
|
$ |
870,000 |
|
$ |
300,000 |
333 |
870-601 |
|
Gas Pipeline Safety |
|
$ |
597,957 |
|
$ |
597,957 |
350 |
870-608 |
|
Motor Carrier Safety |
|
$ |
7,027,712 |
|
$ |
7,027,712 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
8,495,669 |
|
$ |
7,925,669 |
State Special Revenue Fund Group
4A3 |
870-614 |
|
Grade Crossing Protection Devices-State |
|
$ |
1,349,757 |
|
$ |
1,349,757 |
4L8 |
870-617 |
|
Pipeline Safety-State |
|
$ |
187,621 |
|
$ |
187,621 |
4S6 |
870-618 |
|
Hazardous Material Registration |
|
$ |
899,325 |
|
$ |
614,325 |
4S6 |
870-621 |
|
Hazardous Materials Base State Registration |
|
$ |
373,346 |
|
$ |
373,346 |
4U8 |
870-620 |
|
Civil Forfeitures |
|
$ |
719,986 |
|
$ |
434,986 |
559 |
870-605 |
|
Public Utilities Territorial Administration |
|
$ |
4,000 |
|
$ |
4,000 |
560 |
870-607 |
|
Special Assessment |
|
$ |
100,000 |
|
$ |
100,000 |
561 |
870-606 |
|
Power Siting Board |
|
$ |
337,210 |
|
$ |
337,210 |
638 |
870-611 |
|
Biomass Energy Program |
|
$ |
40,000 |
|
$ |
40,000 |
661 |
870-612 |
|
Hazardous Materials Transportation |
|
$ |
900,000 |
|
$ |
900,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,911,245 |
|
$ |
4,341,245 |
4G4 |
870-616 |
|
Base State Registration Program |
|
$ |
6,500,000 |
|
$ |
6,500,000 |
TOTAL AGY Agency Fund Group |
|
$ |
6,500,000 |
|
$ |
6,500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
56,074,085 |
|
$ |
54,921,608 |
COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT
The Commercial Vehicle Information Systems and Networks Fund is hereby created in the state treasury. The Commercial Vehicle Information Systems and Networks Fund shall receive funding from the United States Department of Transportation's Commercial Vehicle Intelligent Transportation System Infrastructure Deployment Program and shall be used to deploy the Ohio Commercial Vehicle Information Systems and Networks Project and to expedite and improve the safety of motor carrier operations through electronic exchange of data by means of on-highway electronic systems.
Notwithstanding section 4905.80 of the Revised Code, up to $435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of the foregoing appropriation item 870-618, Hazardous Material Registration, may be used to pay the state share of the implementation of the Ohio Commercial Vehicle Information Systems and Networks Project.
Notwithstanding section 4923.12 of the Revised Code, up to $435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of the foregoing appropriation item 870-620, Civil Forfeitures, may be used to pay the state share of the implementation of the Ohio Commercial Vehicle Information Systems and Networks Project.
Section 86. PWC PUBLIC WORKS COMMISSION
GRF |
150-904 |
|
Conservation General Obligation Debt Service |
|
$ |
9,743,500 |
|
$ |
11,235,700 |
GRF |
150-907 |
|
State Capital Improvements
|
|
$ |
156,974,400 |
|
$ |
152,069,700 |
|
|
|
General Obligation Debt Service |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
166,717,900 |
|
$ |
163,305,400 |
056 |
150-403 |
|
Clean Ohio Operating Expenses |
|
$ |
298,200 |
|
$ |
304,400 |
TOTAL 056 Clean Ohio Fund Group |
|
$ |
298,200 |
|
$ |
304,400 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
167,016,100 |
|
$ |
163,609,800 |
CONSERVATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150-904, Conservation
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required to be made pursuant to sections 151.01 and 151.09 of the Revised Code during the period from July 1, 2003,
to June 30, 2005. The Office of the Sinking Fund or the
Director of Budget and Management shall effectuate the required
payments by an intrastate transfer voucher.
STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150-907, State Capital
Improvements General Obligation Debt Service, shall be used to pay
all debt service and related financing costs at the times they are
required to be made pursuant to sections 151.01 and 151.08 of the Revised Code during the period from July 1, 2003, to
June 30, 2005. The Office of the Sinking Fund or the Director of
Budget and Management shall effectuate the required payments by an
intrastate transfer voucher.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 150-403, Clean Ohio Operating Expenses, shall be used by the Ohio Public Works Commission in administering sections 164.20 to 164.27 of the Revised Code.
Section 87. RAC STATE RACING COMMISSION
State Special Revenue Fund Group
5C4 |
875-607 |
|
Simulcast Horse Racing Purse |
|
$ |
19,730,799 |
|
$ |
19,476,950 |
562 |
875-601 |
|
Thoroughbred Race Fund |
|
$ |
4,642,378 |
|
$ |
4,642,378 |
563 |
875-602 |
|
Standardbred Development Fund |
|
$ |
2,908,841 |
|
$ |
3,161,675 |
564 |
875-603 |
|
Quarterhorse Development Fund |
|
$ |
1,000 |
|
$ |
2,000 |
565 |
875-604 |
|
Racing Commission Operating |
|
$ |
4,485,777 |
|
$ |
4,759,834 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
31,768,795 |
|
$ |
32,042,839 |
Holding Account Redistribution Fund Group
R21 |
875-605 |
|
Bond Reimbursements |
|
$ |
212,900 |
|
$ |
212,900 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
212,900 |
|
$ |
212,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
31,981,695 |
|
$ |
32,255,739 |
Section 88. BOR BOARD OF REGENTS
GRF |
235-321 |
|
Operating Expenses |
|
$ |
3,286,284 |
|
$ |
2,767,219 |
GRF |
235-401 |
|
Lease Rental Payments |
|
$ |
246,500,700 |
|
$ |
216,836,400 |
GRF |
235-402 |
|
Sea Grants |
|
$ |
261,150 |
|
$ |
254,622 |
GRF |
235-403 |
|
Math/Science Teaching Improvement |
|
$ |
1,757,614 |
|
$ |
1,757,614 |
GRF |
235-404 |
|
College Readiness Initiatives |
|
$ |
4,237,350 |
|
$ |
4,491,591 |
GRF |
235-406 |
|
Articulation and Transfer |
|
$ |
733,500 |
|
$ |
733,500 |
GRF |
235-408 |
|
Midwest Higher Education Compact |
|
$ |
82,500 |
|
$ |
82,500 |
GRF |
235-409 |
|
Information System |
|
$ |
1,185,879 |
|
$ |
1,154,671 |
GRF |
235-414 |
|
State Grants and Scholarship Administration |
|
$ |
1,219,719 |
|
$ |
1,211,373 |
GRF |
235-415 |
|
Jobs Challenge |
|
$ |
9,348,300 |
|
$ |
9,348,300 |
GRF |
235-417 |
|
Ohio Learning Network |
|
$ |
3,413,046 |
|
$ |
3,327,720 |
GRF |
235-418 |
|
Access Challenge |
|
$ |
57,068,622 |
|
$ |
57,068,622 |
GRF |
235-420 |
|
Success Challenge |
|
$ |
43,113,077 |
|
$ |
43,113,077 |
GRF |
235-428 |
|
Appalachian New Economy Partnership |
|
$ |
1,306,013 |
|
$ |
1,273,362 |
GRF |
235-451 |
|
Eminent Scholars |
|
$ |
0 |
|
$ |
1,462,500 |
GRF |
235-454 |
|
Research Challenge |
|
$ |
18,330,000 |
|
$ |
18,330,000 |
GRF |
235-455 |
|
EnterpriseOhio Network |
|
$ |
1,505,262 |
|
$ |
1,465,650 |
GRF |
235-474 |
|
Area Health Education Centers Program Support |
|
$ |
1,859,414 |
|
$ |
1,812,929 |
GRF |
235-477 |
|
Access Improvement Projects |
|
$ |
1,048,664 |
|
$ |
1,080,124 |
GRF |
235-501 |
|
State Share of Instruction |
|
$ |
1,615,549,733 |
|
$ |
1,680,171,722 |
GRF |
235-502 |
|
Student Support Services |
|
$ |
870,675 |
|
$ |
848,908 |
GRF |
235-503 |
|
Ohio Instructional Grants |
|
$ |
111,966,343 |
|
$ |
115,325,333 |
GRF |
235-504 |
|
War Orphans Scholarships |
|
$ |
4,672,321 |
|
$ |
4,672,321 |
GRF |
235-507 |
|
OhioLINK |
|
$ |
7,028,392 |
|
$ |
7,028,392 |
GRF |
235-508 |
|
Air Force Institute of Technology |
|
$ |
2,241,350 |
|
$ |
2,197,816 |
GRF |
235-509 |
|
Displaced Homemakers |
|
$ |
209,046 |
|
$ |
203,819 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,208,472 |
|
$ |
4,103,260 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
24,125,120 |
|
$ |
23,521,992 |
GRF |
235-513 |
|
Ohio University Voinovich Center |
|
$ |
319,973 |
|
$ |
311,974 |
GRF |
235-514 |
|
Central State Supplement |
|
$ |
11,039,203 |
|
$ |
11,039,203 |
GRF |
235-515 |
|
Case Western Reserve University School of Medicine |
|
$ |
3,728,175 |
|
$ |
3,634,970 |
GRF |
235-516 |
|
Clinical Teaching |
|
$ |
49,637,536 |
|
$ |
49,637,536 |
GRF |
235-519 |
|
Family Practice |
|
$ |
5,695,161 |
|
$ |
5,552,782 |
GRF |
235-520 |
|
Shawnee State Supplement |
|
$ |
2,082,289 |
|
$ |
2,082,289 |
GRF |
235-521 |
|
The Ohio State University Glenn Institute |
|
$ |
319,973 |
|
$ |
311,974 |
GRF |
235-524 |
|
Police and Fire Protection |
|
$ |
209,046 |
|
$ |
203,819 |
GRF |
235-525 |
|
Geriatric Medicine |
|
$ |
965,525 |
|
$ |
941,387 |
GRF |
235-526 |
|
Primary Care Residencies |
|
$ |
2,811,837 |
|
$ |
2,741,541 |
GRF |
235-527 |
|
Ohio Aerospace Institute |
|
$ |
2,075,109 |
|
$ |
2,023,232 |
GRF |
235-530 |
|
Academic Scholarships |
|
$ |
7,800,000 |
|
$ |
7,800,000 |
GRF |
235-531 |
|
Student Choice Grants |
|
$ |
52,139,646 |
|
$ |
52,139,646 |
GRF |
235-534 |
|
Student Workforce Development Grants |
|
$ |
2,437,500 |
|
$ |
2,437,500 |
GRF |
235-535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
33,722,012 |
|
$ |
32,878,962 |
GRF |
235-547 |
|
School of International Business |
|
$ |
1,487,778 |
|
$ |
1,450,584 |
GRF |
235-549 |
|
Part-time Student Instructional Grants |
|
$ |
14,036,622 |
|
$ |
14,457,721 |
GRF |
235-552 |
|
Capital Component |
|
$ |
18,711,936 |
|
$ |
18,711,936 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
3,290,357 |
|
$ |
3,208,099 |
GRF |
235-554 |
|
Computer Science Graduate Education |
|
$ |
3,032,011 |
|
$ |
2,956,210 |
GRF |
235-555 |
|
Library Depositories |
|
$ |
1,775,467 |
|
$ |
1,731,080 |
GRF |
235-556 |
|
Ohio Academic Resources Network |
|
$ |
3,657,009 |
|
$ |
3,803,289 |
GRF |
235-558 |
|
Long-term Care Research |
|
$ |
271,654 |
|
$ |
264,863 |
GRF |
235-561 |
|
Bowling Green State University Canadian Studies Center |
|
$ |
143,042 |
|
$ |
139,466 |
GRF |
235-572 |
|
The Ohio State University Clinic Support |
|
$ |
1,794,581 |
|
$ |
1,749,717 |
GRF |
235-583 |
|
Urban University Programs |
|
$ |
5,662,486 |
|
$ |
5,520,924 |
GRF |
235-585 |
|
Ohio University Innovation Center |
|
$ |
42,445 |
|
$ |
41,384 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,197,659 |
|
$ |
1,167,717 |
GRF |
235-588 |
|
Ohio Resource Center for Mathematics, Science, and Reading |
|
$ |
853,262 |
|
$ |
853,262 |
GRF |
235-595 |
|
International Center for Water Resources Development |
|
$ |
161,591 |
|
$ |
157,551 |
GRF |
235-596 |
|
Hazardous Materials Program |
|
$ |
339,647 |
|
$ |
331,156 |
GRF |
235-599 |
|
National Guard Scholarship Program |
|
$ |
13,252,916 |
|
$ |
14,578,208 |
GRF |
235-909 |
|
Higher Education General Obligation Debt Service |
|
$ |
97,668,000 |
|
$ |
130,967,600 |
TOTAL GRF General Revenue Fund |
|
$ |
2,509,489,994 |
|
$ |
2,581,472,919 |
General Services Fund Group
220 |
235-614 |
|
Program Approval and Reauthorization |
|
$ |
400,000 |
|
$ |
400,000 |
456 |
235-603 |
|
Sales and Services |
|
$ |
300,002 |
|
$ |
300,003 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
700,002 |
|
$ |
700,003 |
Federal Special Revenue Fund Group
3H2 |
235-608 |
|
Human Services Project |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
3N6 |
235-605 |
|
State Student Incentive Grants |
|
$ |
2,196,680 |
|
$ |
2,196,680 |
3T0 |
235-610 |
|
National Health Service Corps - Ohio Loan Repayment |
|
$ |
150,001 |
|
$ |
150,001 |
312 |
235-609 |
|
Tech Prep |
|
$ |
183,850 |
|
$ |
183,850 |
312 |
235-611 |
|
Gear-up Grant |
|
$ |
1,478,245 |
|
$ |
1,370,691 |
312 |
235-612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
112,960 |
|
$ |
112,960 |
312 |
235-615 |
|
Professional Development |
|
$ |
523,129 |
|
$ |
523,129 |
312 |
235-616 |
|
Workforce Investment Act Administration |
|
$ |
850,000 |
|
$ |
850,000 |
312 |
235-631 |
|
Federal Grants |
|
$ |
3,444,949 |
|
$ |
3,150,590 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
10,439,814 |
|
$ |
10,037,901 |
State Special Revenue Fund Group
4E8 |
235-602 |
|
Higher Educational Facility Commission Administration |
|
$ |
20,000 |
|
$ |
20,000 |
4P4 |
235-604 |
|
Physician Loan Repayment |
|
$ |
476,870 |
|
$ |
476,870 |
649 |
235-607 |
|
The Ohio State University
Highway/Transportation Research |
|
$ |
760,000 |
|
$ |
760,000 |
682 |
235-606 |
|
Nursing Loan Program |
|
$ |
893,000 |
|
$ |
893,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,149,870 |
|
$ |
2,149,870 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,522,779,680 |
|
$ |
2,594,360,693 |
Section 88.01. GOVERNOR'S COMMISSION ON HIGHER EDUCATION AND THE ECONOMY
Of the foregoing appropriation item 235-321, Operating Expenses, up to $500,000 shall be used in FY 2004 to support the activities of the Commission on Higher Education and the Economy. The commission shall recommend a strategy to improve the quality and efficiency of Ohio's higher education system to increase effectiveness, eliminate unnecessary duplication, broaden the use of technology, and determine how higher education can most effectively support the state's economy, best prepare Ohio students for Third Frontier jobs, and add to the quality of life for Ohio's citizens. The Director of Budget and Management may transfer any unencumbered fiscal year 2004 balance to fiscal year 2005 to support the activities of the commission.
The foregoing appropriation item 235-401, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2003, to June
30, 2005, by the Board of Regents pursuant to leases and
agreements made under section 154.21 of the Revised Code, but
limited to the aggregate amount of $463,377,100. Nothing in
this act shall be deemed
to contravene the obligation of the state to
pay, without
necessity for further appropriation, from the sources
pledged
thereto, the bond service charges on obligations issued
pursuant
to section 154.21 of the Revised Code.
The foregoing appropriation item 235-402, Sea Grants, shall
be disbursed to
the Ohio State University and shall be
used to
conduct research on fish in
Lake Erie.
MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT
Appropriation item 235-403, Math/Science Teaching
Improvement, shall be used
by
the Board of Regents to support
programs such as OSI - Discovery designed to raise the quality of
mathematics and science
teaching in primary and secondary education.
Of the foregoing appropriation item 235-403, Math/Science Teaching Improvement, $217,669 in each fiscal year shall
be distributed to the Mathemathics and Science Center in Lake
County.
Of the foregoing appropriation item 235-403, Math/Science Teaching Improvement, $87,068 in fiscal year 2004 and $87,067 in fiscal year 2005 shall
be distributed to the Ohio Mathematics and Science Coalition.
COLLEGE READINESS INITIATIVES
Appropriation item 235-404, College Readiness Initiatives,
shall be used by
the
Board of Regents to support programs
designed to improve the academic preparation and increase the number of students that enroll
and succeed in higher education.
MIDWEST HIGHER EDUCATION COMPACT
The foregoing appropriation item 235-408, Midwest Higher
Education Compact, shall be distributed by the Board of
Regents
pursuant to section 3333.40 of the Revised Code.
The foregoing appropriation item 235-409, Information System,
shall be used by
the Board of Regents to operate the higher
education information data system known as the
Higher Education
Information System.
Section 88.02. JOBS CHALLENGE
Funds appropriated to appropriation item 235-415, Jobs
Challenge, shall be distributed to state-assisted community and
technical colleges, regional campuses of state-assisted
universities, and other organizationally distinct and identifiable
member campuses of the EnterpriseOhio Network in support of
noncredit job-related training. In each fiscal year, $2,770,773 shall be distributed as
performance grants to EnterpriseOhio Network campuses based upon
each campus's documented performance according to criteria
established by the Board of Regents for increasing training and
related services to businesses, industries, and public sector
organizations.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$2,819,345 in each fiscal year shall be allocated to the Targeted
Industries Training Grant
Program to attract, develop, and retain
business and industry
strategically important to the state's
economy.
Also, in each fiscal year, $3,758,182 shall be allocated to the Higher Skills
Incentives Program to promote and deliver coordinated, comprehensive training to local employers and to reward EnterpriseOhio Network campuses for
increasing the amount of non-credit skill upgrading services
provided to Ohio employers and employees. The funds shall be
distributed to campuses in proportion to each campus's share of
noncredit job-related training revenues received by all campuses
for the previous fiscal year. It is the intent of the General
Assembly that this Higher Skills Incentives component of
the Jobs Challenge Program reward campus noncredit job-related
training efforts in the same manner that the Research Challenge
Program rewards campuses for their ability to obtain sponsored
research revenues.
Appropriation item 235-417, Ohio Learning Network, shall be
used by the
Board of
Regents to support the continued
implementation of the
Ohio Learning Network,
a statewide
electronic collaborative effort
designed to promote degree
completion of students, workforce
training of employees, and
professional
development through the
use of advanced
telecommunications and distance
education
initiatives.
In each fiscal year, the foregoing appropriation item
235-418, Access
Challenge, shall be distributed to Ohio's
state-assisted access colleges and
universities. For the
purposes of this
allocation,
"access campuses" includes
state-assisted community
colleges,
state community colleges,
technical colleges, Shawnee
State University,
Central State
University, Cleveland State
University, the regional campuses of
state-assisted universities,
and, where they are
organizationally
distinct and
identifiable,
the community-technical colleges
located at
the University of
Cincinnati, Youngstown State
University, and the
University of
Akron.
The purpose of Access Challenge is to reduce the student share of costs for resident undergraduates enrolled in lower division undergraduate courses at Ohio's access campuses. The long-term goal is to make the student share of costs for these students equivalent to the student share of costs for resident undergraduate students enrolled throughout Ohio's public colleges and universities. Access Challenge appropriations shall be used in both years of the biennium to sustain, as much as possible, the tuition restraint or tuition reduction that was achieved with Access Challenge allocations in prior years.
In fiscal year 2004, Access Challenge subsidies
shall be distributed by the Board of Regents to eligible access
campuses on the basis of the average of each campus's share of fiscal year 2001 and 2002
all-terms subsidy-eligible General Studies FTEs. In fiscal year 2005, Access Challenge subsidies shall be distributed by the Board of Regents to eligible access campuses on the basis of the average of each campus's share of fiscal year 2002 and 2003 all-terms subsidy-eligible General Studies FTEs.
For the purposes of this calculation, Cleveland State
University's enrollments shall
be adjusted by the ratio of the sum
of subsidy-eligible
lower-division FTE student enrollments
eligible for access funding
to the sum of subsidy-eligible General
Studies FTE student
enrollments at Central State University and
Shawnee State
University, and for the following universities and
their regional
campuses: the Ohio State University, Ohio University,
Kent State
University, Bowling Green State University, Miami
University, the
University of Cincinnati, the University of Akron,
and Wright
State University.
The foregoing appropriation item 235-420, Success
Challenge,
shall be used by the Board of Regents to promote
degree
completion by students enrolled at a main campus of a
state-assisted
university.
In each fiscal year, two-thirds of the appropriations shall
be distributed to
state-assisted university main campuses in
proportion to each campus's share of
the total statewide
bachelor's
degrees granted by university main campuses to
"at-risk" students.
In fiscal years 2004 and 2005, an
"at-risk"
student
means any undergraduate student who was eligible to receive an
Ohio
Instructional Grant during the past ten years.
An eligible
institution
shall not receive its share of this
distribution until
it has submitted
a plan that addresses how the
subsidy will
be
used to better serve at-risk students and increase
their
likelihood of
successful completion of a bachelor's degree
program. The Board of Regents
shall disseminate to all
state-supported
institutions of higher education all such plans
submitted by
institutions that received Success Challenge funds.
In each fiscal year, one-third of the appropriations shall be
distributed to
university main campuses in proportion to each
campus's share of the total
bachelor's degrees granted by
university main campuses to undergraduate
students who completed
their bachelor's degrees in a
"timely manner" in the
previous
fiscal year. For the purposes of this section,
"timely manner"
means the normal time it would take for a full-time degree-seeking
undergraduate
student to complete the student's degree.
Generally,
for
such students pursuing a bachelor's degree,
"timely
manner"
means four
years. Exceptions to this general rule shall
be
permitted for students
enrolled in programs specifically
designed
to be completed in a longer time
period. The Board of
Regents
shall collect data to assess the timely completion statistics by
university
main
campuses.
APPALACHIAN NEW ECONOMY PARTNERSHIP
The foregoing appropriation item 235-428, Appalachian New
Economy Partnership, shall be distributed to Ohio University to
continue a multi-campus and multi-agency coordinated effort to link
Appalachia to the new economy. Ohio University shall use these
funds to provide leadership in the development and implementation
of initiatives in the areas of entrepreneurship, management,
education, and technology.
The foregoing appropriation item 235-451, Eminent Scholars,
shall be used by the Ohio Board of Regents to establish an Ohio
Eminent Scholars Program, the purpose of which is to invest
educational resources to address problems that are of vital
statewide significance while fostering the growth in eminence of
Ohio's academic programs. Ohio Eminent Scholars endowed chairs will allow Ohio universities to recruit senior faculty members from outside Ohio who are nationally and internationally recognized scholars in areas of science and technology that provide the basic research platforms on which our technology and commercialization efforts are built. Endowment grants of $750,000 to state
colleges and universities and nonprofit Ohio institutions of
higher education holding certificates of authorization issued
under section 1713.02 of the Revised Code to match endowment gifts
from nonstate sources may be made in accordance with a plan
established by the Ohio Board of Regents. Matching gifts in
science and technology programs shall be $750,000. The grants shall have as their
purpose attracting and sustaining in Ohio scholar-leaders of
national or international prominence; each will assist in accelerating state economic growth through research that provides an essential basic science platform for commercialization efforts. Such scholar-leaders shall, among their duties, share
broadly the benefits and knowledge unique to their fields of
scholarship to the betterment of Ohio and its people and collaborate with other state technology programs and program recipients.
The foregoing appropriation item 235-454, Research
Challenge,
shall be used to enhance the basic research
capabilities of public
colleges and universities and accredited
Ohio institutions of
higher education holding certificates of
authorization issued
pursuant to section 1713.02 of the Revised
Code, in order to
strengthen academic research for pursuing
Ohio's economic
development goals. The Board of Regents,
in consultation
with
the colleges and universities, shall
administer the Research
Challenge Program and utilize a means of
matching, on a fractional
basis, external funds attracted in the
previous year by
institutions for basic research. The program
may include
incentives for increasing the amount of external
research funds
coming to eligible institutions and for
focusing research
efforts
upon critical state needs. Colleges
and universities
shall submit
for review and approval to the
Board of Regents
plans for the
institutional allocation of state
dollars received
through the
program. The institutional plans
shall provide the
rationale for
the allocation in terms of the
strategic targeting
of funds for
academic and state purposes, for
strengthening
research programs, for increasing the amount of
external
research funds, and
shall include an evaluation process
to provide
results of the
increased support. Each institutional plan for the investment of Research Challenge moneys shall report on existing, planned, and/or possible relationships with other State of Ohio science and technology programs and funding recipients in order to further ongoing statewide science and technology collaboration objectives.
The Board of Regents shall submit a biennial report of
progress to the General Assembly.
The foregoing appropriation item 235-455, EnterpriseOhio Network, shall be allocated by the Board of
Regents
to continue increasing
the capabilities of the EnterpriseOhio
Network to meet the ongoing training needs of
Ohio employers.
Funds shall support multicampus collaboration, best practice
dissemination, and capacity building
projects. The Regents
Advisory Committee for Workforce
Development, in its advisory
role, shall advise in the development of plans
and
activities.
Of the foregoing appropriation item 235-455, EnterpriseOhio Network, $181,101 in fiscal year 2004 and $176,334 in fiscal year 2005 shall
be used
by the Dayton Business/Sinclair College Jobs Profiling Program.
Section 88.03. AREA HEALTH EDUCATION CENTERS
The foregoing appropriation item 235-474, Area Health
Education Centers Program
Support, shall be used by the Board of
Regents to support
the
medical school regional area health
education centers' educational
programs for the
continued support
of medical and other health
professions
education and for support
of the Area Health Education
Center
Program.
Of the foregoing appropriation item 235-474, Area Health
Education Centers Program
Support, $174,135 in fiscal year 2004 and $169,782 in fiscal year 2005
shall be disbursed to the
Ohio University College of Osteopathic
Medicine to operate a mobile health care unit to
serve the
southeastern area of the state. Of the foregoing
appropriation
item 235-474, Area Health Education Centers Program
Support, $130,601 in fiscal year 2004 and $127,337 in fiscal year 2005
shall be used to support the
Ohio Valley Community Health
Information Network (OVCHIN) project.
ACCESS IMPROVEMENT PROJECTS
The foregoing appropriation item 235-477, Access
Improvement
Projects, shall be used by the Board of Regents
to support
innovative statewide strategies to increase student
access and
retention for specialized populations, and to provide
for pilot
projects that will contribute to improving access to
higher
education by specialized populations. The funds may be
used for
projects that improve access for nonpublic secondary
students.
Of the foregoing appropriation item 235-477, Access
Improvement Projects, $798,684 in fiscal year 2004 and $822,645 in fiscal year 2005 shall be
distributed to
the Ohio Appalachian Center for Higher Education at
Shawnee
State University. The board of directors of the center
shall consist of the presidents of Shawnee State University,
Ohio
University, Belmont Technical College, Hocking Technical
College,
Jefferson Community College, Muskingum Area Technical
College,
Rio
Grande Community College, Southern State Community
College,
and
Washington State Community College; the dean of one of
the Salem,
Tuscarawas, and East Liverpool regional campuses of Kent State
University, as designated by the president of Kent State
University; and a
representative of the Board of Regents
designated
by the
Chancellor.
Of the foregoing appropriation item 235-477, Access
Improvement Projects, $169,553 in fiscal year 2004 and $174,640 in fiscal year 2005 shall be
distributed to Miami University for the Student Achievement in Research and Scholarship (STARS) Program.
Section 88.04. STATE SHARE OF INSTRUCTION
As soon as practicable during each fiscal year of the
2003-2005 biennium in accordance with instructions of the
Board of
Regents, each state-assisted institution of higher
education shall
report its actual enrollment to the Board of
Regents.
The Board of Regents shall establish procedures
required
by
the system of formulas set out below and for the
assignment of
individual institutions to categories described in
the formulas.
The system of formulas establishes the manner in
which aggregate
expenditure requirements shall be determined for
each of the three
components of institutional operations. In addition to
other
adjustments and calculations described below,
the subsidy
entitlement of an institution shall be determined by
subtracting
from the institution's aggregate expenditure
requirements income
to be derived from the local contributions
assumed in calculating
the subsidy entitlements. The local
contributions for purposes of
determining subsidy support shall
not limit the authority of the
individual boards of trustees to
establish fee levels.
The General Studies and Technical models shall be adjusted
by
the Board of Regents so that the share of state subsidy earned
by
those models is not altered by changes in the overall local
share.
A lower-division fee differential shall be used to
maintain the
relationship that would have occurred between these
models and the
baccalaureate models had an assumed share of
37 per cent
been funded.
In defining the number of full-time equivalent (FTE) students
for
state subsidy purposes, the Board of Regents shall exclude
all undergraduate students who are not residents of Ohio, except
those charged in-state fees in accordance with reciprocity
agreements made pursuant to section 3333.17 of the Revised Code or employer contracts
entered into
pursuant to section 3333.32 of the Revised Code.
(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT
(1) INSTRUCTION AND SUPPORT SERVICES
MODEL |
FY 2004 |
FY 2005 |
General Studies I |
$ 4,947 |
$ 4,983 |
General Studies II |
$ 5,323 |
$ 5,336 |
General Studies III |
$ 6,883 |
$ 7,120 |
Technical I |
$ 5,913 |
$ 6,137 |
Technical III |
$ 9,522 |
$ 10,026 |
Baccalaureate I |
$ 7,623 |
$ 7,721 |
Baccalaureate II |
$ 8,584 |
$ 8,864 |
Baccalaureate III |
$ 12,559 |
$ 12,932 |
Masters and Professional I |
$ 15,867 |
$ 18,000 |
Masters and Professional II |
$ 20,861 |
$ 22,141 |
Masters and Professional III |
$ 27,376 |
$ 28,190 |
Medical I |
$ 30,867 |
$ 31,819 |
Medical II |
$ 41,495 |
$ 41,960 |
MPD I |
$ 14,938
|
$ 14,966 |
For this purpose, FTE counts shall be
weighted to reflect
differences among institutions in the numbers
of students enrolled
on a part-time basis. The student services subsidy per FTE shall be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all models.
(B) PLANT OPERATION AND MAINTENANCE (POM)
(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY
Space undergoing renovation shall be funded at the rate
allowed for storage
space.
In the calculation of square footage for each campus, square
footage shall be
weighted to reflect differences in space
utilization.
The space inventories for each campus shall be those
determined in the fiscal
year 2003 state share of instruction calculation, adjusted
for changes attributable to the
construction or renovation of
facilities for which state appropriations were
made or local
commitments were made prior to January 1, 1995.
Only 50 per cent of the space permanently taken out of
operation in fiscal
year 2004 or fiscal year 2005 that is not
otherwise replaced by a campus shall
be deleted from the plant operation and maintenance space inventory.
The square-foot-based plant operation and maintenance subsidy
for each campus
shall be determined as follows:
(a) For each standard room type category shown below, the
subsidy-eligible
net assignable square feet (NASF) for each campus
shall be multiplied
by the
following rates, and the amounts summed
for each campus to determine the total
gross square-foot-based POM
expenditure requirement:
|
FY 2004 |
FY 2005 |
Classrooms |
$5.80 |
$6.04 |
Laboratories |
$7.22 |
$7.53 |
Offices |
$5.80 |
$6.04 |
Audio Visual Data Processing |
$7.22 |
$7.53 |
Storage |
$2.57 |
$2.68 |
Circulation |
$7.31 |
$7.62 |
Other |
$5.80 |
$6.04 |
(b) The total gross square-foot POM expenditure requirement
shall be
allocated to models in proportion to FTE
enrollments as
reported in enrollment data for all models
except Doctoral I and
Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b)
of
this section shall be
multiplied by
the ratio of subsidy-eligible
FTE
students to total FTE
students reported in
each model, and the
amounts summed for all models. To this total amount
shall be
added an amount to support roads and grounds expenditures to
produce
the total square-foot-based POM subsidy.
(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY
(a) The number of subsidy-eligible FTE students in each
model shall
be
multiplied by the following rates for each campus
for each fiscal year.
|
FY 2004 |
FY 2005 |
General Studies I |
$ 552 |
$ 560 |
General Studies II |
$ 696 |
$ 705 |
General Studies III |
$1,608 |
$1,651 |
Technical I |
$ 777 |
$ 806 |
Technical III |
$1,501 |
$1,570 |
Baccalaureate I |
$ 700 |
$ 706 |
Baccalaureate II |
$1,250 |
$1,232 |
Baccalaureate III |
$1,520 |
$1,458 |
Masters and Professional I |
$1,258 |
$1,301 |
Masters and Professional II |
$2,817 |
$2,688 |
Masters and Professional III |
$3,832 |
$3,712 |
Medical I |
$2,663 |
$2,669 |
Medical II |
$3,837 |
$4,110 |
MPD I |
$1,213 |
$1,233 |
(b) The sum of the products for each campus determined in
division (B)(2)(a) of this section
for all models except Doctoral
I and Doctoral
II for each
fiscal year shall be weighted by a
factor to reflect
sponsored research
activity and job
training-related public
services expenditures to determine
the
total activity-based POM
subsidy.
(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS
(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS
The calculation of the core subsidy entitlement shall
consist
of the following components:
(a) For each campus and for each fiscal year, the core
subsidy entitlement shall be determined by multiplying the
amounts
listed above in divisions
(A)(1) and (2) and (B)(2) of this
section less assumed
local contributions, by (i) average
subsidy-eligible FTEs for the two-year period ending in the
prior
year for
all models except Doctoral I and Doctoral II; and (ii)
average
subsidy-eligible
FTEs for the five-year period
ending in
the
prior year for all models except Doctoral I and
Doctoral II.
(b) In calculating the core subsidy entitlements for
Medical
II models only, the Board of Regents shall use the following count
of
FTE students:
(i) For those medical schools whose current year
enrollment, including students repeating terms,
is below the base enrollment, the Medical II FTE
enrollment shall
equal: 65 per cent of the base
enrollment plus
35 per cent of the
current year enrollment including students repeating terms, where
the base
enrollment is:
|
The Ohio State University |
|
1010 |
|
University of Cincinnati |
|
833 |
|
Medical College of Ohio at Toledo |
|
650 |
|
Wright State University |
|
433 |
|
Ohio University |
|
433 |
|
Northeastern Ohio Universities College of Medicine |
|
433 |
(ii) For those medical schools whose current year
enrollment, excluding students repeating terms,
is equal to or greater than the base enrollment, the
Medical II
FTE enrollment shall equal the
base
enrollment plus the FTE for repeating students.
(iii) Students repeating terms may be no more than five per cent of current year enrollment.
(c) The Board of Regents shall compute the sum of the
two
calculations listed in division (C)(1)(a) of this section and use
the
greater sum as
the core subsidy entitlement.
The POM subsidy for each campus shall equal the greater of
the
square-foot-based subsidy or the activity-based POM subsidy
component
of the
core subsidy entitlement.
(d) The state share of instruction provided for doctoral
students shall be based on a fixed percentage of the total
appropriation. In each fiscal year of the biennium not more than
10.0 per cent
of the
total state share of instruction
shall be
reserved to
implement the
recommendations of the Graduate
Funding
Commission.
It is the
intent
of the General Assembly that the
doctoral reserve
not exceed 10.0 per
cent of the
total
state
share of instruction
to implement
the recommendations
of the
Graduate
Funding
Commission. The Board of Regents may
reallocate up to two per cent in each fiscal year of the reserve
among the
state-assisted universities on
the basis of a
quality review as
specified in the recommendations
of the Graduate
Funding
Commission. No such reallocation shall occur unless the Board of Regents, in consultation with representatives of state-assisted universities, determines that sufficient funds are available for this purpose.
The amount so reserved shall be allocated to universities in
proportion to
their share of the total number of Doctoral I
equivalent FTEs as
calculated on
an institutional basis using the
greater of the two-year or five-year
FTEs for
the period fiscal
year 1994 through fiscal year 1998 with annualized
FTEs for
fiscal
years 1994 through 1997 and all-term FTEs for fiscal year 1998
as
adjusted to
reflect the effects of doctoral review and subsequent changes in Doctoral I equivalent enrollments. For the
purposes of this calculation,
Doctoral I equivalent FTEs shall
equal the sum of Doctoral
I FTEs plus 1.5 times
the sum of
Doctoral II FTEs.
(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE
In addition to and after the other adjustment noted above, in
fiscal years 2004 and 2005 each campus shall have its state share of
instruction adjusted to the extent necessary to meet the following provisions:
(a) If the total state share of instruction appropriation relative to the prior year is 102 per cent or greater, no campus shall receive a state share of instruction allocation that is less than 99 per cent of the prior year's state share of instruction amount;
(b) If the total state share of instruction appropriation relative to the prior year is greater than 95 per cent but less than 102 per cent, no campus shall receive a state share of instruction allocation that is less than three percentage points below the percentage change in the total state share of instruction percentage change;
(c) If the total share of instruction appropriation relative to the prior year is 95 per cent or less, no campus shall receive a state share of instruction allocation that is less than 2.5 percentage points below the percentage change in the total state share of instruction percentage change.
(3) CAPITAL COMPONENT DEDUCTION
After all other adjustments have been made, state share of instruction earnings
shall be reduced for each campus by the amount,
if any, by which debt service
charged in Am. H.B. No. 748 of the
121st General Assembly, Am. Sub. H.B.
No. 850 of
the 122nd
General
Assembly, Am. H.B. No. 640 of the 123rd General Assembly, and H.B. No. 675 of the 124th General Assembly for
that campus exceeds
that campus's capital
component earnings. The sum of the amounts deducted shall be transferred to appropriation line item 235-552, Capital Component, in each fiscal year.
(D) REDUCTIONS IN EARNINGS
If the total state share of instruction earnings in
any
fiscal year exceed the total appropriations available for such
purposes, the Board of Regents shall proportionately reduce the
state share of instruction earnings for all campuses by a uniform
percentage
so that the system wide sum equals available
appropriations.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be made without the recommendation of the Chancellor and the
approval of the Controlling Board.
(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF INSTRUCTION
The standard provisions of the state share of instruction calculation as described in the preceding sections of temporary law shall apply to any reductions made to appropriation line item 235-501, State Share of Instruction, before the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year.
Any reductions made to appropriation line item 235-501, State Share of Instruction, after the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year, shall be uniformly applied to each campus in proportion to its share of the final allocation.
(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION
The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the first six months of the fiscal
year shall be
based upon the state share of instruction appropriation
estimates
made for the various institutions of higher education
according to
Board of Regents enrollment estimates.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents.
The state share of instruction to state-supported
universities for
students
enrolled in law schools in fiscal year
2004 and fiscal
year 2005 shall be
calculated by using the number
of subsidy-eligible FTE law
school students funded by state
subsidy in fiscal year 1995 or the actual
number of
subsidy-eligible FTE law school students at the
institution in the
fiscal year, whichever is less.
Section 88.05. HIGHER EDUCATION - BOARD OF TRUSTEES
Funds appropriated for instructional subsidies at colleges
and universities may be used to provide such branch or other
off-campus undergraduate courses of study and such master's
degree
courses of study as may be approved by the Board of
Regents.
In providing instructional and other services to students,
boards of trustees
of state-assisted institutions of higher
education shall supplement state
subsidies by income from charges
to students. Each board shall establish the
fees to be charged to
all students, including an instructional fee for
educational and
associated operational support of the institution and a
general
fee for noninstructional services, including locally financed
student
services facilities used for the benefit of enrolled
students. The
instructional fee and the general fee shall
encompass all charges for services
assessed uniformly to all
enrolled students. Each board may also establish
special purpose
fees, service charges, and fines as required; such special
purpose
fees and service charges shall be for services or benefits
furnished
individual students or specific categories of students
and shall not be
applied uniformly to all enrolled students. A
tuition surcharge shall be paid
by all students who are not
residents of Ohio.
The boards of trustees of individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges shall limit in-state undergraduate instructional and general fee increases for an academic year over the amounts charged in the prior academic year to no more than six per cent. In addition to the six per cent main campus in-state undergraduate instructional and general fee increase limit established in this section, the Board of Trustees of The Ohio State University may authorize an additional university main campus in-state undergraduate instructional and general fee increase of three per cent for academic years 2003-2004 and 2004-2005. The Board of Trustees of The Ohio State University and individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges with instructional and general fees below the average for their respective sector, may charge an additional fee of $300 to in-coming students. The boards of trustees of individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges shall not authorize combined instructional and general fee increases of more than six per cent in a single vote. These fee increase limitations apply even if an institutional board of trustees has, prior to the effective date of this section, voted to assess a higher fee for the 2003-2004 academic year. These limitations shall not apply to increases required to comply with institutional covenants related to their obligations or to meet unfunded legal mandates or legally binding obligations incurred or commitments made prior to the effective date of this act with respect to which the institution had identified such fee increases as the source of funds. Any increase required by such covenants and any such mandates, obligations, or commitments shall be reported by the Board of Regents to the Controlling Board. These limitations may also be modified by the Board of Regents, with the approval of the Controlling Board, to respond to exceptional circumstances as identified by the Board of Regents.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees.
Each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be
considered
to be an integral part of the state government
financing program
in support of higher educational opportunity
for students.
In providing the appropriations in support of instructional
services at state-assisted institutions of higher education and
the appropriations for other instruction it is the intent of the
General Assembly that faculty members shall devote a proper and
judicious part of their work week to the actual instruction of
students. Total class credit hours of production per quarter per
full-time faculty member is expected to meet the standards set
forth in the budget data submitted by the Board of Regents.
The authority of government vested by law in the boards of
trustees of state-assisted institutions of higher education shall
in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty
groups.
Administrative decisions about the utilization of
available
resources, about organizational structure, about
disciplinary
procedure, about the operation and staffing of all
auxiliary
facilities, and about administrative personnel shall be
the
exclusive prerogative of boards of trustees. Any delegation
of
authority by a board of trustees in other areas of
responsibility
shall be accompanied by appropriate standards of
guidance
concerning expected objectives in the exercise of such
delegated
authority and shall be accompanied by periodic review
of the
exercise of this delegated authority to the end that the
public
interest, in contrast to any institutional or special
interest,
shall be served.
Section 88.06. STUDENT SUPPORT SERVICES
The foregoing appropriation item 235-502, Student Support
Services, shall be
distributed by the Board of Regents to Ohio's
state-assisted colleges and
universities that incur
disproportionate costs in the provision of support
services to
disabled students.
OHIO INSTRUCTIONAL GRANTS
Notwithstanding section 3333.12 of the Revised Code, in lieu
of the tables in that section, instructional grants for all
full-time students shall be made for fiscal year 2004 using the
tables under this heading.
The tables under this heading prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. The grant amount for a full-time
student enrolled in an eligible institution for a semester or
quarter in addition to the portion of the academic year covered by
a grant determined under these tables shall be a percentage of the
maximum prescribed in the applicable table. The maximum grant for
a fourth quarter shall be one-third of the maximum amount
prescribed under the table. The maximum grant for a third semester
shall be one-half of the maximum amount prescribed under the
table.
For a full-time student who is a dependent and enrolled in a
nonprofit educational institution that is not a state-assisted
institution and that has a certificate of authorization issued
pursuant to Chapter 1713. of the Revised Code, the amount of the
instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
$15,001 - $16,000 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
|
5,466 |
$16,001 - $17,000 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
$17,001 - $18,000 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
$18,001 - $19,000 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
$19,001 - $22,000 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
$22,001 - $25,000 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
$25,001 - $28,000 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
$28,001 - $31,000 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
$31,001 - $32,000 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
$32,001 - $33,000 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
$33,001 - $34,000 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
$34,001 - $35,000 |
|
444 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
$35,001 - $36,000 |
|
-- |
|
444 |
|
888 |
|
984 |
|
1,080 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
444 |
|
888 |
|
984 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
444 |
|
888 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
444 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for two semesters,
three quarters, or a comparable portion of the academic year
shall
be determined in accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
Under $4,800 |
$5,466 |
|
$5,466 |
|
$5,466 |
$5,466 |
$5,466 |
|
$5,466 |
$4,801 - $5,300 |
4,920 |
|
5,466 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,301 - $5,800 |
4,362 |
|
5,028 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,801 - $6,300 |
3,828 |
|
4,584 |
|
5,028 |
5,466 |
5,466 |
|
5,466 |
$6,301 - $6,800 |
3,288 |
|
4,158 |
|
4,584 |
5,028 |
5,466 |
|
5,466 |
$6,801 - $7,300 |
2,736 |
|
3,726 |
|
4,158 |
4,584 |
5,028 |
|
5,466 |
$7,301 - $8,300 |
2,178 |
|
3,282 |
|
3,726 |
4,158 |
4,584 |
|
5,028 |
$8,301 - $9,300 |
1,626 |
|
2,838 |
|
3,282 |
3,726 |
4,158 |
|
4,584 |
$9,301 - $10,300 |
1,344 |
|
2,394 |
|
2,838 |
3,282 |
3,726 |
|
4,158 |
$10,301 - $11,800 |
1,080 |
|
2,166 |
|
2,394 |
2,838 |
3,282 |
|
3,726 |
$11,801 - $13,300 |
984 |
|
1,956 |
|
2,166 |
2,394 |
2,838 |
|
3,282 |
$13,301 - $14,800 |
888 |
|
1,878 |
|
1,956 |
2,166 |
2,394 |
|
2,838 |
$14,801 - $16,300 |
444 |
|
1,692 |
|
1,878 |
1,956 |
2,166 |
|
2,394 |
$16,301 - $19,300 |
-- |
|
1,122 |
|
1,584 |
1,770 |
1,956 |
|
2,166 |
$19,301 - $22,300 |
-- |
|
546 |
|
1,014 |
1,476 |
1,662 |
|
1,848 |
$22,301 - $25,300 |
-- |
|
438 |
|
546 |
1,014 |
1,476 |
|
1,662 |
$25,301 - $30,300 |
-- |
|
324 |
|
438 |
546 |
1,014 |
|
1,476 |
$30,301 - $35,300 |
-- |
|
198 |
|
216 |
270 |
324 |
|
792 |
For a full-time student who is a dependent and enrolled in an
educational institution that holds a certificate of registration
from the state board of career colleges and schools or a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, the
amount of the instructional grant for two semesters, three
quarters, or a comparable portion of the academic year shall be
determined in accordance with the following table:
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
$15,001 - $16,000 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
|
4,632 |
$16,001 - $17,000 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
$17,001 - $18,000 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
$18,001 - $19,000 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
$19,001 - $22,000 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
$22,001 - $25,000 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
$25,001 - $28,000 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
$28,001 - $31,000 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
$31,001 - $32,000 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
$32,001 - $33,000 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
$33,001 - $34,000 |
|
750 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
$34,001 - $35,000 |
|
372 |
|
750 |
|
852 |
|
906 |
|
1,134 |
$35,001 - $36,000 |
|
-- |
|
372 |
|
750 |
|
852 |
|
906 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
372 |
|
750 |
|
852 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
372 |
|
750 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
372 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate of
registration from the state board of career colleges and schools or a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, the amount of the instructional grant for two
semesters, three quarters, or a comparable portion of the academic
year shall be determined in accordance with the following table:
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
Under $4,800 |
$4,632 |
|
$4,632 |
|
$4,632 |
$4,632 |
$4,632 |
|
$4,632 |
$4,801 - $5,300 |
4,182 |
|
4,632 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,301 - $5,800 |
3,684 |
|
4,272 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,801 - $6,300 |
3,222 |
|
3,876 |
|
4,272 |
4,632 |
4,632 |
|
4,632 |
$6,301 - $6,800 |
2,790 |
|
3,504 |
|
3,876 |
4,272 |
4,632 |
|
4,632 |
$6,801 - $7,300 |
2,292 |
|
3,156 |
|
3,504 |
3,876 |
4,272 |
|
4,632 |
$7,301 - $8,300 |
1,854 |
|
2,760 |
|
3,156 |
3,504 |
3,876 |
|
4,272 |
$8,301 - $9,300 |
1,416 |
|
2,412 |
|
2,760 |
3,156 |
3,504 |
|
3,876 |
$9,301 - $10,300 |
1,134 |
|
2,058 |
|
2,412 |
2,760 |
3,156 |
|
3,504 |
$10,301 - $11,800 |
906 |
|
1,836 |
|
2,058 |
2,412 |
2,760 |
|
3,156 |
$11,801 - $13,300 |
852 |
|
1,650 |
|
1,836 |
2,058 |
2,412 |
|
2,760 |
$13,301 - $14,800 |
750 |
|
1,608 |
|
1,650 |
1,836 |
2,058 |
|
2,412 |
$14,801 - $16,300 |
372 |
|
1,434 |
|
1,608 |
1,650 |
1,836 |
|
2,058 |
$16,301 - $19,300 |
-- |
|
942 |
|
1,338 |
1,518 |
1,650 |
|
1,836 |
$19,301 - $22,300 |
-- |
|
456 |
|
858 |
1,242 |
1,416 |
|
1,560 |
$22,301 - $25,300 |
-- |
|
372 |
|
456 |
858 |
1,242 |
|
1,416 |
$25,301 - $30,300 |
-- |
|
282 |
|
372 |
456 |
858 |
|
1,242 |
$30,301 - $35,300 |
-- |
|
168 |
|
180 |
228 |
282 |
|
666 |
For a full-time student who is a dependent and enrolled in a
state-assisted educational institution, the amount of the
instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$15,001 - $16,000 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
|
2,190 |
$16,001 - $17,000 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
$17,001 - $18,000 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
$18,001 - $19,000 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
$19,001 - $22,000 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
$22,001 - $25,000 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
$25,001 - $28,000 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
$28,001 - $31,000 |
|
522 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
$31,001 - $32,000 |
|
420 |
|
522 |
|
648 |
|
864 |
|
1,080 |
$32,001 - $33,000 |
|
384 |
|
420 |
|
522 |
|
648 |
|
864 |
$33,001 - $34,000 |
|
354 |
|
384 |
|
420 |
|
522 |
|
648 |
$34,001 - $35,000 |
|
174 |
|
354 |
|
384 |
|
420 |
|
522 |
$35,001 - $36,000 |
|
-- |
|
174 |
|
354 |
|
384 |
|
420 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
174 |
|
354 |
|
384 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
174 |
|
354 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
174 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
Under $4,800 |
$2,190 |
|
$2,190 |
|
$2,190 |
$2,190 |
$2,190 |
|
$2,190 |
$4,801 - $5,300 |
1,974 |
|
2,190 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,301 - $5,800 |
1,740 |
|
2,016 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,801 - $6,300 |
1,542 |
|
1,830 |
|
2,016 |
2,190 |
2,190 |
|
2,190 |
$6,301 - $6,800 |
1,320 |
|
1,674 |
|
1,830 |
2,016 |
2,190 |
|
2,190 |
$6,801 - $7,300 |
1,080 |
|
1,494 |
|
1,674 |
1,830 |
2,016 |
|
2,190 |
$7,301 - $8,300 |
864 |
|
1,302 |
|
1,494 |
1,674 |
1,830 |
|
2,016 |
$8,301 - $9,300 |
648 |
|
1,128 |
|
1,302 |
1,494 |
1,674 |
|
1,830 |
$9,301 - $10,300 |
522 |
|
954 |
|
1,128 |
1,302 |
1,494 |
|
1,674 |
$10,301 - $11,800 |
420 |
|
858 |
|
954 |
1,128 |
1,302 |
|
1,494 |
$11,801 - $13,300 |
384 |
|
774 |
|
858 |
954 |
1,128 |
|
1,302 |
$13,301 - $14,800 |
354 |
|
744 |
|
774 |
858 |
954 |
|
1,128 |
$14,801 - $16,300 |
174 |
|
678 |
|
744 |
774 |
858 |
|
954 |
$16,301 - $19,300 |
-- |
|
450 |
|
630 |
702 |
774 |
|
858 |
$19,301 - $22,300 |
-- |
|
216 |
|
402 |
594 |
654 |
|
732 |
$22,301 - $25,300 |
-- |
|
174 |
|
216 |
402 |
594 |
|
654 |
$25,301 - $30,300 |
-- |
|
132 |
|
174 |
216 |
402 |
|
594 |
$30,301 - $35,300 |
-- |
|
78 |
|
84 |
102 |
132 |
|
312 |
The foregoing appropriation item 235-503, Ohio Instructional
Grants, shall be used to make the payments authorized by division
(C) of section 3333.26 of the Revised Code to the institutions
described in that division. In addition, this appropriation shall
be used to reimburse the institutions described in division (B) of
section 3333.26 of the Revised Code for the cost of the waivers
required by that division.
The unencumbered balance of appropriation item 235-503, Ohio Instructional Grants, at the end of fiscal year 2004 shall be transferred to fiscal year 2005 for use under the same appropriation item. The amounts transferred are hereby appropriated.
The foregoing appropriation item 235-504, War Orphans
Scholarships, shall be used to reimburse state-assisted
institutions of higher education for waivers of instructional fees
and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization
from the Ohio Board of Regents under Chapter 1713. of the Revised
Code, in accordance with the provisions of section 5910.04 of the
Revised Code, and to fund additional scholarship benefits provided
by section 5910.032 of the Revised Code.
Section 88.07. AIR FORCE INSTITUTE OF TECHNOLOGY
The foregoing appropriation item 235-508, Air Force Institute of Technology, shall be used to strengthen the research and educational linkages between the Wright Patterson Air Force Base and institutions of higher education in Ohio. Of the foregoing appropriation item 235-508, Air Force Institute of Technology, $1,741,350 in fiscal year 2004 and $1,697,816 in fiscal year 2005 shall be used for research projects that connect the Air Force Research Laboratories with university partners. The institute shall provide annual reports to the Third Frontier Commission, that discuss existing, planned, or possible collaborations between programs and funding recipients related to technology, research development, commercialization, and support for Ohio's economic development.
Of the foregoing appropriation item 235-508, Air Force Institute of Technology, $500,000 in each fiscal year shall be used to match federal dollars to support the Wright Brothers Institute. Funds shall be used by the Wright Brothers Institute to create or expand Ohio-based technology and commercial development collaborations between industry, academia, and government in areas which include carbon nano-tube materials technology, genome-based biotechnology, knowledge-creation information technology, cognitive systems modeling and engineering, or other related projects as deemed appropriate by the institute.
Out of the foregoing appropriation item 235-509, Displaced
Homemakers, the Board of Regents shall continue funding
pilot
programs authorized in Am. Sub. H.B. No. 291 of the 115th
General
Assembly for the following centers: Cuyahoga Community
College,
University of Toledo, Southern State Community College,
and Stark
Technical College. The amount of $26,120 in
fiscal year 2004 and $25,467 in fiscal year 2005
shall be used for the Baldwin-Wallace Single Parents
Reaching Out
for Unassisted Tomorrows program.
OHIO SUPERCOMPUTER CENTER
The foregoing appropriation item 235-510, Ohio
Supercomputer
Center, shall be used by the Board of Regents
to support the
operation of the center, located at The Ohio State
University, as
a statewide resource available to
Ohio research universities both
public and private. It is also
intended that the center be made
accessible to private industry
as appropriate. Policies of the
center shall be established by a
governance committee,
representative of Ohio's research
universities and private
industry, to be appointed by the
Chancellor of the Board of
Regents and established for this
purpose.
The Ohio Supercomputer Center shall report on expanding solutions-oriented, computational science services to industrial and other customers, including alignment programs and recipients, and develop a plan for a computational science initiative in collaboration with the Wright Centers of Innovation program and the Computer Science Graduate Studies Program.
COOPERATIVE EXTENSION SERVICE
The foregoing appropriation item 235-511, Cooperative Extension Service, shall be disbursed through the Board of Regents to The Ohio State University in monthly payments, unless otherwise determined by the Director of Budget and Management pursuant to section 126.09 of the Revised Code.
Of the foregoing appropriation item 235-511, Cooperative
Extension Service, $182,842 in fiscal year 2004 and $178,271 in fiscal year 2005
shall be used for
additional staffing for county
agents for expanded 4-H activities.
Of the foregoing
appropriation item 235-511, Cooperative Extension
Service,
$182,842 in fiscal year 2004 and $178,271 in fiscal year 2005
shall be used by the
Cooperative Extension Service, through the
Enterprise Center for
Economic Development in cooperation with
other agencies, for a
public-private effort to create and operate
a small business
economic development program to enhance the
development of
alternatives to the growing of tobacco, and
implement, through
applied research and demonstration, the
production and marketing
of other high-value crops and
value-added products. Of the
foregoing appropriation item
235-511, Cooperative Extension
Service, $56,594 in fiscal year 2004 and $55,179 in fiscal year 2005 shall be used for farm labor
mediation and education
programs. Of the foregoing appropriation
item 235-511, Cooperative Extension
Service, $187,195 in fiscal year 2004 and $182,515 in fiscal year 2005 shall
be used to support the Ohio State University
Marion Enterprise Center.
Of the foregoing appropriation item 235-511, Cooperative
Extension Service,
$792,750 in fiscal year 2004 and $772,931 in fiscal year 2005 shall be used to
support the Ohio Watersheds
Initiative.
The foregoing appropriation item 235-514, Central State
Supplement, shall be used by Central State University to keep
undergraduate fees below the statewide average, consistent with
its mission of service to many first-generation college students
from groups historically underrepresented in higher education and
from families with limited incomes.
PERFORMANCE STANDARDS FOR MEDICAL EDUCATION
The Board of Regents, in consultation with the
state-assisted medical
colleges, shall develop performance
standards for medical
education. Special
emphasis in the
standards shall be placed on attempting to ensure
that at least 50
per cent of the aggregate number of students
enrolled in
state-assisted medical colleges continue to enter residency as
primary care
physicians. Primary care physicians are
general
family
practice
physicians, general internal medicine
practitioners, and general
pediatric care
physicians.
The Board
of Regents shall monitor medical school
performance in relation
to their
plans for reaching the 50 per
cent systemwide standard
for primary care
physicians.
Section 88.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF MEDICINE
The foregoing appropriation item 235-515, Case Western
Reserve University School of
Medicine, shall be disbursed to Case
Western Reserve University
through the Board of Regents in
accordance with agreements
entered into as provided for by section
3333.10 of the Revised
Code, provided that the state support per
full-time medical
student shall not exceed that provided to
full-time medical
students at state universities.
STATE UNIVERSITY CLINICAL TEACHING
In each fiscal year the foregoing appropriation item, 235-516, Clinical Teaching, shall be distributed by the Board of Regents to the medical schools at Ohio's state universities for medical clinical teaching programs. The funds shall be distributed as follows:
The Ohio State University |
$14,660,591 |
University of Cincinnati |
$12,058,138 |
Medical College of Ohio at Toledo |
$9,398,665 |
Wright State University |
$4,566,056 |
Ohio University |
$4,414,144 |
Northeastern Ohio Universities College of Medicine |
$4,539,942 |
Of the amount allocated to Wright State University, $146,640 in each fiscal year of the biennium shall be for the use of Wright State University's Ellis Institute for Clinical Teaching Studies to operate the clinical facility to serve the Greater Dayton area.
FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE RESIDENCIES
The Board of Regents shall develop plans consistent
with
existing criteria and guidelines as may be required for the
distribution of appropriation items 235-519, Family Practice,
235-525, Geriatric Medicine, and 235-526, Primary Care
Residencies.
The foregoing appropriation item 235-520, Shawnee State
Supplement, shall be used by Shawnee State University as detailed
by both of the following:
(A) To allow Shawnee State University to keep its
undergraduate
fees below the statewide average, consistent with
its mission of service to an
economically depressed Appalachian
region;
(B) To allow Shawnee State University to employ new faculty
to develop and
teach in new degree programs that meet the needs of
Appalachians.
POLICE AND FIRE PROTECTION
The foregoing appropriation item 235-524, Police and Fire
Protection, shall be
used for police and fire services in the
municipalities of Kent, Athens,
Oxford, Fairborn, Bowling Green,
Portsmouth, Xenia Township (Greene County),
and Rootstown
Township, that may be used to assist these local governments in
providing police and fire protection for the central campus of the
state-affiliated university located therein. Each participating
municipality
and township shall receive an amount not less than two per cent of appropriations made for this purpose, but not more than $5,000 each year. Funds
shall be distributed according to the methodology employed by the Board of
Regents in the previous biennium.
The foregoing appropriation item 235-526, Primary Care
Residencies, shall be
distributed in each fiscal year of the
biennium, based on whether or not the
institution has
submitted and
gained
approval for a plan. If the institution does not have an
approved
plan, it shall receive five per cent less funding per
student
than it would have received from its annual allocation.
The
remaining funding shall be distributed among those
institutions
that meet or
exceed their targets.
The foregoing appropriation item 235-527, Ohio Aerospace
Institute, shall be distributed by the Board of Regents
under
section 3333.042 of the Revised Code. The Board of Regents, in conjunction with the Third Frontier Commission, shall review the progress of the Ohio Aerospace Institute's efforts in the context of the original mission to support academic research and education in aerospace engineering. These findings will be used to determine whether or not the institute shall continue to receive state funding. If a determination is made to discontinue state support for the Ohio Aerospace Institute through this appropriation item, the Board of Regents may utilize this appropriation item to fund other initiatives that support the advancement of aerospace research or education in aerospace engineering.
The foregoing appropriation item 235-530, Academic
Scholarships, shall be used to provide academic scholarships to
students under section 3333.22 of the Revised Code.
The foregoing appropriation item 235-531, Student Choice
Grants, shall be used to support the Student Choice Grant Program
created by section 3333.27 of the Revised Code. The unencumbered balance of appropriation item 235-531, Student Choice Grants, at the end of fiscal year 2004 shall be transferred to fiscal year 2005 for use under the same appropriation item to maintain grant award amounts in fiscal year 2005 equal to the awards provided in fiscal year 2004. The amounts transferred are hereby appropriated.
STUDENT WORKFORCE DEVELOPMENT GRANTS
The foregoing appropriation item 235-534, Student Workforce
Development Grants, shall be used to support the Student Workforce
Development Grant Program. Of the appropriated funds available,
the Board of Regents shall distribute grants to each
eligible
student in an academic year. The size of each grant award shall
be determined by the Board of Regents based on the amount of funds
available for the program.
OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER
The foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, shall be disbursed through the Board of Regents to The Ohio State University in monthly payments, unless otherwise determined by the Director of Budget and Management pursuant to section 126.09 of the Revised Code. The Ohio Agricultural Research and Development Center shall not be required to remit payment to The Ohio State University during the 2003-2005 biennium for cost reallocation assessments. The cost reallocation assessments include, but are not limited to, any assessment on state appropriations to the center. The Ohio Agricultural Research and Development Center, in conjunction with the Third Frontier Commission, shall provide for an independently evaluated self-study of research excellence and commercial relevance in a manner to be prescribed by the Third Frontier Commission.
Of the foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, $470,164 in fiscal year 2004 and $458,410 in fiscal year 2005 shall be used to purchase equipment.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and Development Center, $827,141 in fiscal year 2004 and $806,463 in fiscal year 2005
shall be distributed to the Piketon
Agricultural
Research and
Extension Center.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $217,669 in fiscal year 2004 and $212,227 in fiscal year 2005
shall be distributed to the
Raspberry/Strawberry-Ellagic Acid
Research program at the Ohio
State
University Medical College in
cooperation with the Ohio
State University
College of Agriculture.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $43,534 in fiscal year 2004 and $42,445 in fiscal year 2005 shall
be used to support the
Ohio Berry Administrator.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and Development Center, $87,067 in fiscal year 2004 and $84,890 in fiscal year 2005
shall be
used for the development of agricultural
crops and
products not
currently in widespread production in Ohio,
in order
to increase
the income and viability of family farmers.
SCHOOL OF INTERNATIONAL BUSINESS
Of the foregoing appropriation item 235-547, School of
International Business,
$1,061,148 in fiscal year 2004 and $1,034,620 in fiscal year 2005 shall be
used for the continued development and
support of the School of
International Business of the state universities of northeast
Ohio. The money
shall go to the University of Akron. These funds
shall be used by the
university to establish a School of
International Business located at the
University of Akron. It may
confer with Kent State University,
Youngstown State
University,
and Cleveland State University as to the
curriculum
and other
matters regarding the school.
Of the foregoing appropriation item 235-547, School of
International Business,
$213,315 in fiscal year 2004 and $207,982 in fiscal year 2005 shall be used
by the University of Toledo
College of Business for
expansion of
its international business programs.
Of the foregoing appropriation item 235-547, School of
International Business,
$213,315 in fiscal year 2004 and $207,982 in fiscal year 2005 shall be used
to support the Ohio State
University
BioMEMS program.
PART-TIME STUDENT INSTRUCTIONAL GRANTS
The foregoing appropriation item 235-549, Part-time Student
Instructional Grants, shall be used to support a grant program for
part-time undergraduate students who are Ohio residents and who
are enrolled in degree granting programs.
Eligibility for participation in the program shall include
degree granting educational institutions that hold a certificate
of registration from the State Board of Career Colleges and Schools, and nonprofit institutions that have a certificate
of authorization issued pursuant to Chapter 1713. of the Revised
Code, as well as state-assisted colleges and universities. Grants
shall be given to students on the basis of need, as determined by
the college, which, in making these determinations, shall give
special consideration to single-parent heads-of-household and
displaced homemakers who enroll in an educational degree program
that prepares the individual for a career. In determining need,
the college also shall consider the availability of educational
assistance from a student's employer. It is the intent of the
General Assembly that these grants not supplant such assistance.
Section 88.09. CAPITAL COMPONENT
The foregoing appropriation item 235-552, Capital Component,
shall be used by
the Board of Regents to implement the
capital
funding policy for
state-assisted colleges and
universities
established in Am. H.B. No. 748 of
the
121st General
Assembly.
Appropriations from this item shall be distributed to
all campuses
for which the estimated campus debt service
attributable to new
qualifying capital projects is
less than the
campus's
formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated
campus debt
service attributable to new qualifying capital
projects
from the campus's formula-determined capital component
allocation. Moneys distributed from this appropriation item shall
be
restricted to capital-related purposes.
Any campus for which the estimated campus debt service attributable to qualifying capital projects is greater than the campus's formula-determined capital component allocation shall have the difference subtracted from its State Share of Instruction allocation in each fiscal year. The sum of all such amounts shall be transferred from appropriation line item 235-501, State Share of Instruction, to appropriation line item 235-552, Capital Component.
DAYTON AREA GRADUATE STUDIES INSTITUTE
The foregoing appropriation item 235-553, Dayton Area
Graduate Studies
Institute, shall be used by the Board of
Regents
to support the Dayton
Area Graduate Studies Institute, an
engineering graduate consortium of three
universities in the
Dayton area: Wright State University, the University of
Dayton,
and the Air Force Institute of Technology, with the participation
of
the University of Cincinnati and The Ohio State University.
COMPUTER SCIENCE GRADUATE EDUCATION
The foregoing appropriation item 235-554, Computer Science
Graduate Education,
shall be used by the Board of Regents to
support improvements in graduate
programs in computer science at
state-assisted universities. Up to $174,135 in fiscal year 2004, and up to $169,782 in fiscal year 2005,
may be used to support collaborative efforts in graduate
education
in this program area. The collaborative program shall be coordinated by the Ohio Supercomputer Center.
OHIO ACADEMIC RESOURCES NETWORK (OARNET)
The foregoing appropriation item 235-556, Ohio Academic
Resources Network,
shall be used to support the
operations of the
Ohio Academic Resources Network, which shall include support
for
Ohio's state-assisted colleges and universities in maintaining and
enhancing network connections. The network shall give priority to supporting the Third Frontier Network and allocating bandwidth to programs directly supporting Ohio's economic development.
The foregoing appropriation item 235-558, Long-term Care
Research, shall be
disbursed to Miami University for long-term
care research.
BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER
The foregoing appropriation item 235-561, Bowling Green State
University Canadian
Studies Center, shall be used by the Canadian
Studies Center at
Bowling Green State University to
study
opportunities for Ohio and
Ohio businesses to benefit from
the
Free Trade Agreement between
the United States and Canada.
THE OHIO STATE UNIVERSITY CLINIC SUPPORT
The foregoing appropriation item 235-572, The Ohio State
University Clinic
Support,
shall be distributed through the
Board
of Regents
to The Ohio
State University for support of
dental and
veterinary
medicine
clinics.
Section 88.10. URBAN UNIVERSITY PROGRAMS
Of the foregoing appropriation item 235-583, Urban
University
Programs,
universities receiving funds that are used to support
an
ongoing university
unit shall certify periodically in a
manner
approved by the Board of Regents that program funds
are being
matched on a one-to-one basis with equivalent
resources. Overhead
support may not be used to meet this
requirement. Where Urban
University Program funds are being used
to support an ongoing
university unit, matching funds shall come
from continuing rather
than one-time sources. At each
participating state-assisted
institution of higher education,
matching funds shall be within the
substantial control of the
individual designated by the
institution's president as the Urban
University Program
representative.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$324,239 in fiscal year 2004 and $316,134 in fiscal year 2005 shall be used to
support a
public communication outreach program (WCPN).
The primary purpose
of the program shall be to develop a
relationship between
Cleveland State University and nonprofit communications
entities.
Of the foregoing appropriation item 235-583, Urban
University
Programs, $153,587 in fiscal year 2004 and $149,748 in fiscal year 2005 shall be used
to support
the Center for the Interdisciplinary Study of
Education and the
Urban Child at Cleveland State
University. These funds shall be
distributed according to rules
adopted by the Board of
Regents and
shall be used by the
center for interdisciplinary
activities
targeted toward
increasing the chance of lifetime
success of the
urban child,
including interventions beginning with
the prenatal
period. The
primary purpose of the center is to
study issues in
urban
education and to systematically map
directions for new
approaches
and new solutions by bringing
together a cadre of
researchers,
scholars, and professionals
representing the social,
behavioral,
education, and health
disciplines.
Of the foregoing appropriation item 235-583,
Urban University
Programs, $221,848 in fiscal year 2004 and $216,302 in fiscal year 2005
shall be used to support
the Kent
State University Learning and Technology Project. This
project
is a kindergarten through university collaboration between
schools surrounding Kent's eight campuses in northeast
Ohio, and
corporate partners who will assist in development and
delivery.
The Kent State University Project shall provide a faculty
member
who has a full-time role in the development of
collaborative
activities and teacher instructional programming
between Kent
and the K-12th grade schools that surround its eight
campuses;
appropriate student support staff to facilitate these
programs
and joint activities; and hardware and software to
schools that will
make possible the delivery of instruction to
pre-service and
in-service teachers, and their students, in their
own classrooms
or school buildings. This shall involve the
delivery of
low-bandwidth streaming video and web-based
technologies in a
distributed instructional model.
Of the foregoing appropriation item 235-583, Urban University
Programs, $85,326 in fiscal year 2004 and $83,193 in fiscal year 2005 year shall be used to support
the
Ameritech Classroom/Center for Research at Kent State
University.
Of the foregoing appropriation item 235-583, Urban University
Programs, $853,262 in fiscal year 2004 and $831,930 in fiscal year 2005
year
shall be used to support
the Polymer Distance Learning
Project at the University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$42,663 in fiscal year 2004 and $41,596 in fiscal year 2005 shall be distributed to the
Kent State
University/Cleveland Design Center program.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$213,315 in fiscal year 2004 and $207,982 in fiscal year 2005 shall be used to support
the Bliss Institute of
Applied Politics at the University of
Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$12,800 in fiscal year 2004 and $12,478 in fiscal year 2005 shall be used for the
Advancing-Up Program at the
University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs, $1,877,723 in fiscal year 2004 and $1,830,780 in fiscal year 2005 shall be distributed by
the Board of Regents to Cleveland State University in support of
the Maxine Goodman Levin College of Urban Affairs.
Of the foregoing appropriation item 235-583, Urban University
Programs, $1,877,723 in fiscal year 2004 and $1,830,781 in fiscal year 2005 shall be distributed to
the Northeast Ohio Research Consortium, the Urban
Linkages
Program, and the Urban Research Technical Assistance
Grant
Program. The distribution among the three programs shall be
determined by the chair of the Urban University Program.
RURAL UNIVERSITY PROJECTS
Of the foregoing appropriation item 235-587, Rural University
Projects,
Bowling Green State University shall receive $184,646 in fiscal year 2004 and $180,029 in fiscal year 2005, Miami University shall receive $282,537 in fiscal year 2004 and $275,473 in fiscal year 2005, and Ohio University shall receive $645,150 in fiscal year 2004 and $629,021 in fiscal year 2005. These
funds
shall be used to support the Institute
for
Local Government
Administration and Rural Development at Ohio
University, the
Center for Public Management and Regional Affairs
at Miami
University, and the Center for Policy Analysis and Public
Service at
Bowling Green
State University.
Of the foregoing appropriation item 235-587, Rural University
Projects,
$21,331 in fiscal year 2004 and $20,798 in fiscal year 2005 shall be used to support the
Washington State
Community College day care center.
Of the foregoing appropriation item 235-587, Rural University
Projects, $63,995 in fiscal year 2004 and $62,396 in fiscal year 2005 shall be used to support
the
COAD/ILGARD/GOA Appalachian Leadership Initiative.
A small
portion of the funds provided to Ohio
University
shall also be used for the
Institute for Local
Government
Administration and Rural Development State and
Rural
Policy
Partnership with the Governor's Office of Appalachia and
the
Appalachian delegation of the General Assembly.
Section 88.11. OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING
The foregoing appropriation item 235-588, Ohio Resource
Center for Mathematics,
Science, and Reading, shall be used to
support a
resource center for
mathematics, science, and reading to
be
located at a state-assisted university
for the purpose of
identifying best educational practices in primary and
secondary
schools and establishing methods for communicating them to
colleges
of education and school districts.
INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT
The foregoing appropriation item 235-595, International
Center for Water
Resources Development, shall be used to support
the International Center for Water Resources Development at
Central State
University. The center shall develop methods to
improve the management of
water resources for Ohio and for
emerging nations.
HAZARDOUS MATERIALS PROGRAM
The foregoing appropriation item 235-596, Hazardous Materials
Program, shall
be disbursed to Cleveland State University for the
operation of a program to
certify firefighters for the handling of
hazardous materials. Training shall
be available to all Ohio
firefighters.
Of the foregoing appropriation item 235-596, Hazardous
Materials Program, $130,601 in fiscal year 2004 and $127,337 in fiscal year 2005 shall be used to
support the Center for the Interdisciplinary Study of Education
and Leadership in Public Service at Cleveland State University.
These funds shall be distributed by the Board of Regents and shall
be used by the center targeted toward increasing the role of
special populations in public service and not-for-profit
organizations. The primary purpose of the center is to study
issues in public service and to guide strategies for attracting
new communities into public service occupations by bringing
together a cadre of researchers, scholars and professionals
representing the public administration, social behavioral, and
education disciplines.
NATIONAL GUARD SCHOLARSHIP PROGRAM
The Board of Regents shall disburse funds from appropriation
item 235-599,
National Guard Scholarship Program, at the
direction
of the Adjutant
General.
Any new pledge of fees, or new agreement for adjustment of
fees, made in the 2003-2005 biennium to secure bonds or notes of
a
state-assisted institution of higher education for a project
for
which bonds or notes were not outstanding on the effective
date of
this section shall be effective only after approval by the
Board
of Regents, unless approved in a previous biennium.
HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 235-909, Higher Education
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required to be
made pursuant to sections 151.01 and 151.04 of the Revised Code
during the period from July 1, 2003, to June 30, 2005. The Office
of the Sinking Fund or the Director of Budget and Management shall
effectuate the required payments by an interstate transfer
voucher.
Section 88.12. OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT
The foregoing appropriation item 235-602, Higher Educational Facility Commission
Administration, shall be used by the Board of Regents for
operating expenses related to the Board of Regents' support of
the
activities of the Ohio Higher Educational Facility
Commission.
Upon the request of the chancellor, the Director of
Budget and
Management shall transfer up to $20,000 cash from Fund
461 to Fund
4E8 in each fiscal year of the biennium.
The foregoing appropriation item 235-604, Physician Loan
Repayment, shall be used in accordance with sections 3702.71
to
3702.81 of the Revised Code.
The foregoing appropriation item 235-606, Nursing Loan
Program, shall be used to administer the nurse education
assistance program. Up to $159,600 in fiscal year 2004 and
$167,580 in fiscal year 2005 may be used for operating expenses
associated with the program. Any additional funds needed for the
administration of the program are subject to Controlling Board
approval.
Section 88.13. SCIENCE AND TECHNOLOGY COLLABORATION
The Board of Regents shall work in close collaboration with the Department
of Development and the Third Frontier Commission in relation to appropriation items and
programs listed in the following paragraph, and other technology-related
appropriations and programs in the Department of Development and the Board
of Regents as these agencies may designate, to ensure implementation of a
coherent state strategy with respect to science and technology.
Each of the following appropriations and programs: 194-401, Thomas Edison
Program; 195-408, Coal Research Development; 195-422, Third Frontier Action Fund;
195-632, Coal Research and Development Fund; 235-454, Research Challenge; 235-508, Air Force Institute of Technology; 235-510, Ohio
Supercomputer Center; 235-527, Ohio Aerospace Institute; 235-535,
Ohio Agricultural Research and Development Center; 235-553, Dayton Area Graduate Studies Institute; 235-554, Computer Science
Graduate Education; 235-556, Ohio Academic Resources Network; and 195-405,
Biomedical Research and Technology Transfer Trust, shall be reviewed
annually by the Third Frontier Commission with respect to its development of
complementary relationships within a combined state science and technology
investment portfolio and its overall contribution to the state's science and
technology strategy, including the adoption of appropriately consistent
criteria for: (1) the scientific merit of activities supported by the
program; (2) the relevance of the program's activities to commercial
opportunities in the private sector; (3) the private sector's
involvement in a process that continually evaluates commercial opportunities
to use the work supported by the program; and (4) the ability of the program and recipients of grant funding from the program to engage in activities that are collaborative, complementary, and efficient with respect to the expenditure of state funds. All programs listed above shall provide annual reports to the Third Frontier Commission discussing existing, planned, or possible collaborations between programs and recipients of grant funding related to technology, development, commercialization, and supporting Ohio's economic development. The annual review by the
Third Frontier Commission shall be a comprehensive review of the entire state
science and technology program portfolio rather than a review of individual
programs.
REPAYMENT OF RESEARCH FACILITY INVESTMENT
FUND
MONEYS
Notwithstanding any provision of law to the contrary, all
repayments of
Research Facility Investment Fund loans shall be
made to the Bond Service
Trust
Fund. All Research Facility
Investment Fund loan repayments made prior to the
effective date
of this section shall be transferred by the Director of Budget
and
Management to the Bond Service Trust Fund within sixty days of the
effective
date of this section.
Campuses shall make timely repayments of Research
Facility
Investment Fund loans, according to the schedule
established by
the Board of
Regents. In the case of late
payments, the Board of
Regents may deduct from an
institution's periodic subsidy
distribution an amount equal to
the
amount of the overdue payment
for that institution, transfer such
amount
to the Bond Service
Trust Fund, and credit the appropriate
institution for the
repayment.
The Board of Regents shall work with the Governor's Office of
Veterans' Affairs
to develop specific veterans' preference
guidelines for higher education
institutions. These guidelines
shall ensure that the institutions' hiring
practices are in
accordance with the intent of Ohio's veterans' preference
laws.
Section 89. DRC DEPARTMENT OF REHABILITATION AND
CORRECTION
General Revenue Fund |
|
|
|
|
|
|
GRF |
501-321 |
|
Institutional Operations |
|
$ |
850,381,155 |
|
$ |
861,557,899 |
GRF |
501-403 |
|
Prisoner Compensation |
|
$ |
8,705,052 |
|
$ |
8,705,052 |
GRF |
501-405 |
|
Halfway House |
|
$ |
35,140,139 |
|
$ |
35,579,419 |
GRF |
501-406 |
|
Lease Rental Payments |
|
$ |
141,997,000 |
|
$ |
146,307,900 |
GRF |
501-407 |
|
Community Nonresidential Programs |
|
$ |
15,161,353 |
|
$ |
15,352,814 |
GRF |
501-408 |
|
Community Misdemeanor Programs |
|
$ |
7,942,211 |
|
$ |
8,041,489 |
GRF |
501-501 |
|
Community Residential
Programs - CBCF |
|
$ |
52,220,123 |
|
$ |
52,872,875 |
GRF |
502-321 |
|
Mental Health Services |
|
$ |
67,302,290 |
|
$ |
68,265,662 |
GRF |
503-321 |
|
Parole and Community Operations |
|
$ |
77,695,938 |
|
$ |
78,845,845 |
GRF |
504-321 |
|
Administrative Operations |
|
$ |
27,033,707 |
|
$ |
27,420,848 |
GRF |
505-321 |
|
Institution Medical Services |
|
$ |
118,406,940 |
|
$ |
120,014,320 |
GRF |
506-321 |
|
Institution Education Services |
|
$ |
28,335,287 |
|
$ |
28,747,574 |
GRF |
507-321 |
|
Institution Recovery Services |
|
$ |
7,018,500 |
|
$ |
7,124,516 |
TOTAL GRF General Revenue Fund
|
|
$ |
1,437,339,695 |
|
$ |
1,458,836,213 |
|
|
|
|
|
|
|
|
|
|
General Services Fund Group
4B0 |
501-601 |
|
Penitentiary Sewer Treatment Facility Services |
|
$ |
1,693,129 |
|
$ |
1,758,177 |
4D4 |
501-603 |
|
Prisoner Programs |
|
$ |
16,537,291 |
|
$ |
16,967,703 |
4L4 |
501-604 |
|
Transitional Control |
|
$ |
1,348,740 |
|
$ |
1,593,794 |
4S5 |
501-608 |
|
Education Services |
|
$ |
4,452,754 |
|
$ |
4,564,072 |
483 |
501-605 |
|
Property Receipts |
|
$ |
383,894 |
|
$ |
393,491 |
5H8 |
501-617 |
|
Offender Financial Responsibility |
|
$ |
735,000 |
|
$ |
774,020 |
5L6 |
501-611 |
|
Information Technology Services |
|
$ |
3,650,712 |
|
$ |
3,741,980 |
571 |
501-606 |
|
Training Academy Receipts |
|
$ |
73,356 |
|
$ |
75,190 |
593 |
501-618 |
|
Laboratory Services |
|
$ |
4,707,730 |
|
$ |
4,825,423 |
TOTAL GSF General Services Fund Group |
|
$ |
33,582,606 |
|
$ |
34,693,850 |
Federal Special Revenue Fund Group
3S1 |
501-615 |
|
Truth-In-Sentencing Grants |
|
$ |
24,604,435 |
|
$ |
25,517,173 |
323 |
501-619 |
|
Federal Grants |
|
$ |
10,759,329 |
|
$ |
11,300,335 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
35,363,764 |
|
$ |
36,817,508 |
Intragovernmental Service Fund Group
148 |
501-602 |
|
Services and Agricultural |
|
$ |
95,207,653 |
|
$ |
95,207,653 |
200 |
501-607 |
|
Ohio Penal Industries
|
|
$ |
29,748,175 |
|
$ |
31,491,879 |
TOTAL ISF Intragovernmental |
|
|
|
|
|
|
Service Fund Group |
|
$ |
124,955,828 |
|
$ |
126,699,532 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,631,241,893 |
|
$ |
1,657,047,103 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 501-406, Lease Rental
Payments, shall be used for payments to the
Ohio Building
Authority for the period July 1, 2003, to June 30,
2005, pursuant
to the primary leases and agreements for those
buildings made
under Chapter 152. of the Revised Code but limited to the aggregate amount of
$288,304,900. This appropriation amount is the source of funds pledged for bond
service charges on
related
obligations issued pursuant to Chapter
152. of the Revised Code.
Money from the foregoing appropriation item 501-403,
Prisoner
Compensation, shall be transferred on a quarterly basis
by
intrastate transfer voucher to the Services and Agricultural Fund (Fund 148)
for the purposes of paying
prisoner compensation.
Section 90. RSC REHABILITATION SERVICES COMMISSION
GRF |
415-100 |
|
Personal Services |
|
$ |
8,677,911 |
|
$ |
8,851,468 |
GRF |
415-402 |
|
Independent Living Council |
|
$ |
12,040 |
|
$ |
12,280 |
GRF |
415-403 |
|
Mental Health Services |
|
$ |
717,221 |
|
$ |
717,221 |
GRF |
415-404 |
|
MR/DD Services |
|
$ |
1,260,816 |
|
$ |
1,260,816 |
GRF |
415-405 |
|
Vocational Rehabilitation/Job and Family Services |
|
$ |
536,912 |
|
$ |
536,912 |
GRF |
415-406 |
|
Assistive Technology |
|
$ |
47,531 |
|
$ |
47,531 |
GRF |
415-431 |
|
Office for People with Brain Injury |
|
$ |
182,364 |
|
$ |
186,012 |
GRF |
415-506 |
|
Services for People with Disabilities |
|
$ |
11,830,306 |
|
$ |
12,185,215 |
GRF |
415-509 |
|
Services for the Elderly |
|
$ |
359,377 |
|
$ |
359,377 |
GRF |
415-520 |
|
Independent Living Services |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL GRF General Revenue Fund |
|
$ |
23,674,478 |
|
$ |
24,206,832 |
General Services Fund Group
4W5 |
415-606 |
|
Administrative Expenses |
|
$ |
18,016,543 |
|
$ |
18,557,040 |
467 |
415-609 |
|
Business Enterprise Operating Expenses |
|
$ |
1,584,545 |
|
$ |
1,632,082 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
19,601,088 |
|
$ |
20,189,122 |
Federal Special Revenue Fund Group
3L1 |
415-601 |
|
Social Security Personal Care Assistance |
|
$ |
3,984,486 |
|
$ |
3,988,032 |
3L1 |
415-605 |
|
Social Security Community Centers for the Deaf |
|
$ |
1,100,488 |
|
$ |
1,100,488 |
3L1 |
415-607 |
|
Social Security Administration Cost |
|
$ |
174,119 |
|
$ |
175,860 |
3L1 |
415-608 |
|
Social Security Special Programs/Assistance |
|
$ |
6,941,158 |
|
$ |
6,941,158 |
3L1 |
415-610 |
|
Social Security Vocational Rehabilitation |
|
$ |
1,338,324 |
|
$ |
1,338,324 |
3L1 |
415-614 |
|
Social Security Independent Living |
|
$ |
385,917 |
|
$ |
385,917 |
3L4 |
415-612 |
|
Federal-Independent Living Centers or Services |
|
$ |
663,687 |
|
$ |
663,687 |
3L4 |
415-615 |
|
Federal - Supported Employment |
|
$ |
1,714,546 |
|
$ |
1,714,546 |
3L4 |
415-617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
1,582,484 |
|
$ |
1,582,484 |
317 |
415-620 |
|
Disability Determination |
|
$ |
73,120,329 |
|
$ |
76,776,343 |
379 |
415-616 |
|
Federal-Vocational Rehabilitation |
|
$ |
111,955,833 |
|
$ |
116,520,457 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
202,961,371 |
|
$ |
211,187,296 |
State Special Revenue Fund Group
4L1 |
415-619 |
|
Services for Rehabilitation |
|
$ |
3,623,845 |
|
$ |
2,559,070 |
468 |
415-618 |
|
Third Party Funding |
|
$ |
892,991 |
|
$ |
892,991 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
4,516,836 |
|
$ |
3,452,061 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
250,753,773 |
|
$ |
259,035,311 |
The foregoing appropriation item 415-404, MR/DD Services,
shall
be used as state matching funds to provide vocational
rehabilitation services to mutually eligible clients between the
Rehabilitation Services Commission and the Department of
Mental
Retardation and Developmental Disabilities. The
Rehabilitation
Services Commission shall report to the
Department of Mental
Retardation and Developmental Disabilities,
as outlined in an
interagency agreement, on the number and
status of mutually
eligible clients and the status of the funds
and expenditures for
these clients.
VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES
The foregoing appropriation item 415-405, Vocational
Rehabilitation/Job and Family
Services, shall be used as state
matching
funds to provide vocational
rehabilitation services to
mutually
eligible clients between the
Rehabilitation Services
Commission
and the Department of Job and Family Services.
The
Rehabilitation Services
Commission shall report to the Department
of
Job and Family Services, as
outlined in an interagency
agreement, on the number and
status of
mutually eligible clients
and the status of the funds and
expenditures for these clients.
The foregoing appropriation item 415-406, Assistive
Technology, shall be provided to Assistive Technology of Ohio and
shall be used only to provide grants under that program. No
amount of the appropriation may be used for administrative costs.
OFFICE FOR PEOPLE WITH BRAIN INJURY
Of the foregoing appropriation item 415-431, Office for
People with Brain
Injury, $50,000 in each fiscal year shall be
used for
the state match for a
federal grant awarded through the
Traumatic Brain Injury Act, Pub. L. No.
104-166, and up to $50,000 in
fiscal year 2004 and up to $50,000 in fiscal year 2005 shall be provided
to the Brain Injury Trust Fund. The remaining
appropriation in
this item shall be used to plan and
coordinate
head-injury-related
services provided by state agencies and other
government or
private entities, to assess the needs for such
services, and to
set priorities in this area.
The foregoing appropriation item 415-509, Services for the
Elderly, shall be used as matching funds for vocational
rehabilitation services for eligible elderly citizens with a
disability.
SOCIAL SECURITY REIMBURSEMENT FUNDS
Reimbursement funds received from the Social Security
Administration, United States Department of Health and Human
Services, for
the costs of providing services and training to
return disability
recipients to gainful employment, shall be used
in the Social
Security Reimbursement Fund (Fund 3L1),
as follows:
(A) Appropriation item 415-601, Social Security Personal
Care Assistance, to provide personal care
services in accordance
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community
Centers for the Deaf, to provide grants to
community centers for
the deaf in Ohio for services to
individuals with hearing
impairments;
(C) Appropriation item 415-607, Social Security
Administration Cost, to provide administrative
services needed to
administer the Social Security reimbursement
program;
(D) Appropriation item 415-608, Social Security Special
Programs/Assistance,
to provide vocational rehabilitation services
to individuals with severe
disabilities, who are Social Security
beneficiaries, to achieve competitive
employment. This item also
includes funds to assist the Personal Care
Assistance, Community
Centers for the Deaf, and Independent Living Programs to
pay their
share of indirect costs as mandated by federal OMB Circular
A-87.
(E) Appropriation item 415-610, Social Security Vocational
Rehabilitation,
to provide vocational rehabilitation services to older blind
individuals with severe
disabilities to achieve a noncompetitive
employment goal.
The foregoing appropriation item 415-606, Administrative
Expenses,
shall be used to support the administrative functions
of
the commission related to the provision of vocational
rehabilitation, disability determination services, and ancillary
programs.
INDEPENDENT LIVING COUNCIL
The foregoing appropriation
item 415-402, Independent Living
Council, shall be
used to fund the
operations of the State
Independent Living
Council.
The foregoing appropriation item 415-403, Mental Health
Services, shall be
used for the provision of vocational
rehabilitation services to mutually
eligible consumers of the
Rehabilitation Services Commission and the
Department of
Mental
Health.
The Department of Mental Health shall receive a quarterly
report from
the Rehabilitation Services Commission stating the
numbers served, numbers
placed
in employment, average hourly wage,
and average hours worked.
INDEPENDENT LIVING SERVICES
The foregoing appropriation items 415-520, Independent Living
Services, and 415-612, Federal-Independent Living Centers or
Services, shall
be used to support state independent living
centers or independent living
services pursuant to Title VII of
the Independent Living Services and Centers
for
Independent
Living
of the Rehabilitation Act Amendments of 1992, 106 Stat.
4344, 29
U.S.C. 796d.
INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS
The foregoing appropriation item 415-617, Independent
Living/Vocational
Rehabilitation Programs, shall be used to
support vocational rehabilitation
programs, including, but not
limited to, Projects with Industry, Training
Grants, and Brain Injury Grants.
PILOT PROGRAM FOR VOCATIONAL REHABILITATION
During fiscal years 2004 and 2005, the Rehabilitation Services Commission may conduct a pilot program to provide vocational rehabilitation and related services to entities, employers, or individuals that are not eligible for state or federally supported services through the commission. The commission shall propose fees to be collected from the entities, employers, or individuals served by the pilot program for the approval of the Controlling Board to support the costs for vocational rehabilitation and related services provided under the pilot program. Fee revenues collected under the program shall be credited to Fund 468 (Third Party Funding). Prior to the commencement of services through the pilot program, the Rehabilitation Services Commission shall develop a program plan to be submitted to the Controlling Board. Any plan revisions or updates shall be reported to the Controlling Board. During the implementation of the pilot program, the Rehabilitation Services Commission shall investigate and determine the possibility of utilizing this source of revenue to match federal funds. The Rehabilitation Services Commission shall evaluate the progress of the pilot program and issue a report of its findings to the Governor by December 15, 2005. The report shall include a recommendation to either continue or discontinue the pilot program in the next biennium.
Section 91. RCB RESPIRATORY CARE BOARD
General Services Fund Group
4K9 |
872-609 |
|
Operating Expenses |
|
$ |
318,499 |
|
$ |
315,481 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
318,499 |
|
$ |
315,481 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
318,499 |
|
$ |
315,481 |
Section 92. REVENUE DISTRIBUTION FUNDS
Volunteer Firefighters' Dependents Fund
085 |
800-900 |
|
Volunteer Firefighters' Dependents Fund |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL 085 Volunteer Firefighters' |
|
|
|
|
|
|
Dependents Fund |
|
$ |
200,000 |
|
$ |
200,000 |
Agency Fund Group |
|
|
|
|
|
|
062 |
110-900 |
|
Resort Area Excise Tax |
|
$ |
500,000 |
|
$ |
500,000 |
063 |
110-900 |
|
Permissive Tax Distribution |
|
$ |
1,397,512,400 |
|
$ |
1,439,437,700 |
067 |
110-900 |
|
School District Income Tax Fund |
|
$ |
154,836,700 |
|
$ |
161,030,200 |
4P8 |
001-698 |
|
Cash Management Improvement Fund |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
608 |
001-699 |
|
Investment Earnings |
|
$ |
174,300,000 |
|
$ |
181,300,000 |
TOTAL AGY Agency Fund Group |
|
$ |
1,729,649,100 |
|
$ |
1,784,767,900 |
Holding Account Redistribution
R45 |
110-617 |
|
International Fuel Tax Distribution |
|
$ |
36,400,000 |
|
$ |
37,200,000 |
TOTAL R45 Holding Account Redistribution Fund |
|
$ |
36,400,000 |
|
$ |
37,200,000 |
Revenue Distribution Fund Group |
|
|
|
|
|
|
049 |
038-900 |
|
Indigent Drivers Alcohol Treatment |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
050 |
762-900 |
|
International Registration Plan Distribution |
|
$ |
60,000,000 |
|
$ |
60,000,000 |
051 |
762-901 |
|
Auto Registration Distribution |
|
$ |
475,000,000 |
|
$ |
486,875,000 |
054 |
110-900 |
|
Local Government Property Tax Replacement |
|
$ |
75,000,000 |
|
$ |
75,000,000 |
060 |
110-900 |
|
Gasoline Excise Tax Fund |
|
$ |
113,344,700 |
|
$ |
115,611,600 |
064 |
110-900 |
|
Local Government Revenue Assistance |
|
$ |
99,500,000 |
|
$ |
101,000,000 |
065 |
110-900 |
|
Library/Local Government Support Fund |
|
$ |
485,000,000 |
|
$ |
495,000,000 |
066 |
800-900 |
|
Undivided Liquor Permit Fund |
|
$ |
13,500,000 |
|
$ |
13,500,000 |
068 |
110-900 |
|
State/Local Government Highway Distribution Fund |
|
$ |
227,607,000 |
|
$ |
232,159,100 |
069 |
110-900 |
|
Local Government Fund |
|
$ |
712,100,000 |
|
$ |
718,000,000 |
082 |
110-900 |
|
Horse Racing Tax |
|
$ |
130,000 |
|
$ |
130,000 |
083 |
700-900 |
|
Ohio Fairs Fund |
|
$ |
3,150,000 |
|
$ |
3,150,000 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,266,181,700 |
|
$ |
2,302,275,700 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,032,430,800 |
|
$ |
4,124,443,600 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section are to be used for
the
purpose of administering and distributing the designated
revenue
distributions fund according to the Revised Code. If it
is
determined that additional appropriations are necessary, such
amounts are appropriated.
Section 93. SAN BOARD OF SANITARIAN REGISTRATION
General Services Fund Group
4K9 |
893-609 |
|
Operating Expenses |
|
$ |
124,892 |
|
$ |
125,612 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
124,892 |
|
$ |
125,612 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
124,892 |
|
$ |
125,612 |
Section 94. OSB OHIO STATE SCHOOL FOR THE BLIND
GRF |
226-100 |
|
Personal Services |
|
$ |
6,287,483 |
|
$ |
6,456,616 |
GRF |
226-200 |
|
Maintenance |
|
$ |
685,256 |
|
$ |
685,256 |
GRF |
226-300 |
|
Equipment |
|
$ |
121,355 |
|
$ |
121,355 |
TOTAL GRF General Revenue Fund |
|
$ |
7,094,094 |
|
$ |
7,263,227 |
General Services Fund Group
4H8 |
226-602 |
|
Education Reform Grants |
|
$ |
61,476 |
|
$ |
61,476 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
61,476 |
|
$ |
61,476 |
State Special Revenue Fund Group
4M5 |
226-601 |
|
Work Study
& Technology Investments |
|
$ |
42,919 |
|
$ |
42,919 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
42,919 |
|
$ |
42,919 |
Federal Special Revenue Fund Group
3P5 |
226-643 |
|
Medicaid Professional Services Reimbursement |
|
$ |
143,600 |
|
$ |
143,600 |
310 |
226-626 |
|
Coordinating Unit |
|
$ |
1,390,000 |
|
$ |
1,384,000 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,533,600 |
|
$ |
1,527,600 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,732,089 |
|
$ |
8,895,222 |
Section 95. OSD OHIO STATE SCHOOL FOR THE DEAF
GRF |
221-100 |
|
Personal Services |
|
$ |
8,134,597 |
|
$ |
8,464,711 |
GRF |
221-200 |
|
Maintenance |
|
$ |
1,018,160 |
|
$ |
1,028,342 |
GRF |
221-300 |
|
Equipment |
|
$ |
200,841 |
|
$ |
200,841 |
TOTAL GRF General Revenue Fund |
|
$ |
9,353,598 |
|
$ |
9,693,894 |
General Services Fund Group
4M1 |
221-602 |
|
Education Reform Grants |
|
$ |
70,701 |
|
$ |
70,701 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
70,701 |
|
$ |
70,701 |
State Special Revenue Fund Group
4M0 |
221-601 |
|
Educational Program
|
|
$ |
33,188 |
|
$ |
33,188 |
|
|
|
Expenses |
|
|
|
|
|
|
5H6 |
221-609 |
|
Even Start Fees
& Gifts |
|
$ |
98,500 |
|
$ |
98,500 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
131,688 |
|
$ |
131,688 |
Federal Special Revenue Fund Group
3R0 |
221-684 |
|
Medicaid Professional
|
|
$ |
111,377 |
|
$ |
111,377 |
|
|
|
Services Reimbursement |
|
|
|
|
|
|
311 |
221-625 |
|
Coordinating Unit |
|
$ |
949,899 |
|
$ |
974,649 |
3Y1 |
221-686 |
|
Early Childhood Grant |
|
$ |
248,235 |
|
$ |
262,275 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,309,511 |
|
$ |
1,348,301 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,865,498 |
|
$ |
11,244,584 |
Section 96. SFC SCHOOL FACILITIES COMMISSION
GRF |
230-428 |
|
Lease Rental Payments |
|
$ |
31,776,500 |
|
$ |
31,704,700 |
GRF |
230-908 |
|
Common Schools General Obligation Debt Service |
|
$ |
106,322,300 |
|
$ |
145,989,300 |
TOTAL GRF General Revenue Fund |
|
$ |
138,098,800 |
|
$ |
177,694,000 |
Federal Special Revenue Fund Group
3X9 |
230-601 |
|
Federal School Facilities Grant |
|
$ |
28,214,058 |
|
$ |
28,214,058 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
28,214,058 |
|
$ |
28,214,058 |
State Special Revenue Fund Group
5E3 |
230-644 |
|
Operating Expenses |
|
$ |
7,009,766 |
|
$ |
7,009,766 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
7,009,766 |
|
$ |
7,009,766 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
173,322,624 |
|
$ |
212,917,824 |
Section 96.01. LEASE RENTAL PAYMENTS
The foregoing appropriation item 230-428, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2003, to June
30, 2005, by the School Facilities Commission pursuant to leases
and agreements made under section 3318.26 of the Revised Code, but
limited to the aggregate amount of $63,481,200. Nothing in this
act shall be deemed to contravene the obligation of the state to
pay, without necessity for further appropriation, from the sources
pledged thereto, the bond service charges on obligations issued
pursuant to Chapter 3318. of the Revised Code.
COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 230-908, Common Schools
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required to be
made pursuant to sections 151.01 and 151.03 of the Revised Code
during the period from July 1, 2003, to June 30, 2005. The Office
of the Sinking Fund or the Director of Budget and Management shall
effectuate the required payments by an intrastate transfer
voucher.
The foregoing appropriation item 230-644, Operating Expenses,
shall be used by the Ohio School Facilities Commission to carry
out its responsibilities pursuant to this section and Chapter
3318. of the Revised Code.
Within ten days after the effective date of this section, or
as soon as
possible thereafter, the Executive Director of the Ohio
School Facilities
Commission shall certify to the Director of
Budget and Management the amount
of cash from interest earnings to be transferred from
the School Building Assistance Fund (Fund 032)
or the Public
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3).
By July 10, 2004, the Executive Director of the Ohio School
Facilities
Commission shall certify to the Director of Budget and
Management the amount
of cash from interest earnings to be transferred from the School
Building Assistance Fund (Fund 032)
or the Public School Building
Fund (Fund 021) to the Ohio School Facilities
Commission Fund
(Fund 5E3). The amount transferred may not exceed investment earnings credited to the School Building Assistance Fund (Fund 032) less any amount required to be paid for federal arbitrage rebate purposes.
SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within one year of receiving Controlling Board approval in
accordance with section 3318.05 of the Revised Code. The
Executive Director of the Ohio School Facilities Commission shall
certify the amounts of these canceled encumbrances to the Director
of Budget and Management on a quarterly basis. The amounts of the
canceled encumbrances are appropriated.
Section 96.02. COMMUNITY SCHOOL CLASSROOM FACILITIES LOAN GUARANTEE
The unencumbered and unallotted balances as of June 30, 2003, in appropriation item 230-602, Community School Loan Guarantee, are hereby reappropriated in fiscal year 2004 to support loan guarantees to community schools under section 3318.50 of the Revised Code. The unencumbered an unallotted balances of the appropriation at the end of fiscal year 2004 are hereby reappropriated in fiscal year 2005 to support loan guarantees to community schools under section 3318.50 of the Revised Code.
Section 96.03. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL
FACILITIES
Notwithstanding any other provisions of law to the contrary,
the School Facilities Commission
may provide assistance
under the
Exceptional Needs School Facilities Program established in section 3318.37 of the Revised Code
to any school district and not
exclusively a school district in
the lowest fifty per cent of
adjusted valuation per pupil on the
current ranking of
school districts established pursuant
to section 3317.02 of the
Revised Code, for the purpose of the
relocation or replacement of
school facilities required as a
result of extreme environmental
contamination.
The School Facilities Commission shall contract with an
independent
environmental consultant to conduct a study and to
report to the commission
as to the seriousness of the
environmental contamination, whether the
contamination violates
applicable state and federal standards, and whether
the facilities
are no longer suitable for use as school facilities. The
commission then shall make a determination regarding funding for
the
relocation or replacement of the school facilities. If the
federal
government or other public or private entity provides
funds for restitution
of costs incurred by the state or school
district in the relocation or
replacement of the school
facilities, the school district
shall
use such funds
in excess of
the school district's share to refund the state for
the state's
contribution to the environmental contamination
portion of the
project. The school district may apply an amount
of such
restitution funds up to an amount equal to the
school district's
portion of the project, as defined by the commission, toward
paying its
portion of that project to reduce the amount of
bonds
the school district otherwise must issue to receive
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
Section 96.04. (A) The Ohio School Facilities Commission
may
commit up to
thirty-five million dollars to the Canton City
School
District for
construction
of a facility described in this
section,
in lieu of a high school that would
otherwise be
authorized under
Chapter 3318. of the Revised Code. The
commission shall not
commit funds under this section unless all of
the
following
conditions are met:
(1) The district has entered into a cooperative agreement
with a
state-assisted technical college.
(2) The district has received an irrevocable commitment of
additional funding
from nonpublic sources.
(3) The facility is intended to serve both secondary and
postsecondary
instructional purposes.
(B) The commission shall enter into an agreement with the
district for the
construction of the facility authorized under
this section that is separate
from and in addition to the
agreement required for the district's
participation in the
Classroom Facilities Assistance Program under section
3318.08 of
the Revised
Code. Notwithstanding that section and sections
3318.03, 3318.04, and
3318.083
of the Revised Code, the additional
agreement shall provide, but not be limited
to, the following:
(1) The commission shall not have any oversight
responsibilities over the
construction of the facility.
(2) The facility need not comply with the specifications for
plans and
materials for high schools adopted by the commission.
(3) The commission may decrease the basic project cost that
would otherwise
be
calculated for a high school under Chapter
3318. of the Revised Code.
(4) The state shall not share in any increases in the basic
project cost for
the facility above the amount authorized under
this section.
All other provisions of Chapter 3318. of the Revised Code
apply to the
approval
and construction of a facility authorized
under this section.
The state funds committed to the facility authorized by this
section shall be
part of the total amount the state commits to the
Canton City School District
under Chapter 3318. of the Revised
Code. All additional state funds committed
to the Canton City
School District for classroom facilities assistance shall
be
subject to all provisions of Chapter 3318. of the Revised Code.
Section 97. NET OHIO SCHOOLNET COMMISSION
GRF |
228-404 |
|
Operating Expenses |
|
$ |
5,961,208 |
|
$ |
0 |
GRF |
228-406 |
|
Technical and Instructional Professional Development |
|
$ |
7,691,831 |
|
$ |
0 |
GRF |
228-539 |
|
Education Technology |
|
$ |
10,489,315 |
|
$ |
0 |
Total GRF General Revenue Fund |
|
$ |
24,142,354 |
|
$ |
0 |
General Services Fund Group
5D4 |
228-640 |
|
Conference/Special Purpose Expenses |
|
$ |
1,350,000 |
|
$ |
0 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,350,000 |
|
$ |
0 |
State Special Revenue Fund Group
4W9 |
228-630 |
|
Ohio SchoolNet Telecommunity Fund |
|
$ |
400,000 |
|
$ |
0 |
4X1 |
228-634 |
|
Distance Learning |
|
$ |
1,750,000 |
|
$ |
0 |
5T3 |
228-605 |
|
Gates Foundation Grants |
|
$ |
1,194,908 |
|
$ |
0 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,344,908 |
|
$ |
0 |
Federal Special Revenue Fund Group
3X8 |
228-604 |
|
Individuals With Disabilities Education Act |
|
$ |
1,500,000 |
|
$ |
0 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,500,000 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
30,337,262 |
|
$ |
0 |
Section 97.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL
DEVELOPMENT
The foregoing appropriation item 228-406, Technical and
Instructional
Professional Development, shall be
used by the Ohio
SchoolNet Commission to make grants or provide services to
qualifying schools,
including the
State School for the Blind and
the Ohio School for
the Deaf, for
the provision of hardware,
software,
telecommunications
services, and staff development to
support
educational uses of
technology in the classroom.
The Ohio SchoolNet Commission shall consider the professional
development
needs associated with the OhioReads Program when
making funding allocations
and program decisions.
Of the foregoing appropriation $1,260,000 in fiscal year 2004 shall be used by the Ohio Educational Telecommunications Network Commission,
with the advice of the Ohio SchoolNet Commission, to make grants for
research, development and
production of interactive instructional
programming series and
teleconferences to support the SchoolNet Commission. Up
to $55,000 of this
amount shall be used in fiscal year 2004 to provide for
the administration of these activities by
the Ohio Educational
Telecommunications Network Commission. The
programming shall be
targeted to the needs of the poorest two hundred
school districts as
determined by the district's adjusted
valuation per pupil as
defined in section 3317.0213 of the Revised
Code.
Of the foregoing appropriation item 228-406, Technical and Instructional Professional Development, $818,322 in fiscal year 2004 shall be used by the INFOhio Network, with the advice of the Ohio SchoolNet Commission, to support the provision of electronic resources to all public schools with preference given to elementary schools. Consideration shall be given by the Commission to coordinating the allocation of these moneys with the efforts of OhioLINK and the Ohio Public Information Network.
Of the foregoing appropriation item 228-406, Technical and Instructional Professional Development, $300,000 in fiscal year 2004 shall be used by the JASON project, with the advice of the Ohio SchoolNet Commission, to provide statewide access and a 75 per cent subsidy for statewide licensing of JASON content for 90,000 middle school students statewide, and professional development for teachers participating in the program.
The remaining appropriation allocated in appropriation item
228-406, Technical and Instructional Professional Development,
shall be
used by the Ohio SchoolNet Commission for professional
development for
teachers and administrators for the use of
educational
technology. The commission may make grants to
provide
technical
assistance and professional development on the
use of
educational technology to school districts.
Eligible recipients of grants include regional training
centers, county offices of education, data collection sites,
instructional technology centers, institutions of higher
education, public television stations, special education
resource
centers, area media centers, or other nonprofit
educational
organizations. Services provided through these
grants may include
use of private entities subcontracting
through the grant
recipient.
Grants shall be made to entities on a contractual basis with
the Ohio SchoolNet Commission.
Contracts shall include provisions
that demonstrate how services
will benefit technology use in the
schools, and in particular
will support Ohio SchoolNet efforts to
support technology in the
schools. Contracts shall specify the
scope of assistance being
offered and the potential number of
professionals who will be
served. Contracting entities may be
awarded more than one grant
at a time.
Grants shall be awarded in a manner consistent with the goals
of Ohio SchoolNet. Special emphasis in the award of grants shall be
placed on collaborative efforts among service providers.
Application for grants from this appropriation in
appropriation item 228-406, Technical and Instructional
Professional Development, shall be
consistent with a school
district's technology plan that shall
meet the
minimum
specifications for school district technology
plans as prescribed
by
the Ohio SchoolNet Commission. Funds
allocated through these
grants may be
combined with funds
received
through other state or
federal grants for technology so
long as
the school district's
technology plan specifies the use
of these
funds.
The foregoing appropriation item 228-539, Education
Technology, shall be used to provide funding to suppliers of
information services to school districts for the provision of
hardware, software, and staff development in support of
educational uses of technology in the classroom as prescribed by
the State Plan for Technology pursuant to section 3301.07 of the
Revised Code, and to support assistive technology for children
and
youth with disabilities.
Of the foregoing appropriation item 228-539, Education Technology, up to $1,946,000 in fiscal year 2004 shall be used by the Ohio SchoolNet Commission to link all public K-12 classrooms to each other and the Internet, and to provide access to voice, video, and data educational resources for students and teachers through the OneNet Ohio Program.
Of the foregoing appropriation item 228-539, Education Technology, up to $2,500,000 in fiscal year 2004 shall be used to support MathRules, an initiative to provide online courses, tutorials, and resources for teachers, students, and parents aligned with Ohio's mathematics content standards.
Of the foregoing appropriation item 228-539, Education Technology, up to $1,000,000 in fiscal year 2004 shall be used for RISE Learning Solutions. It is the intent of the General Assembly that the SchoolNet Commission, in conjunction with RISE Learning Solutions, shall develop a program that may be conducted in conjunction with state-supported technology programs including, but not limited to, SchoolNet Commission appropriation item 228-406, Technical and Instructional Professional Development, and appropriation item 228-539, Education Technology, designed to educate preschool staff members and providers on developmentally appropriate teaching methods, behavior guidance, and literacy and to involve parents more closely in the education and development of their children. The project shall include an interactive instructional program, delivered using satellite television, Internet, and with facilitation, which shall be distributed to program participants using the established satellite receiver dishes on public schools, Head Start centers, and childcare centers at up to 100 locations throughout the state. The interactive instructional program shall be developed to enhance the professional development, training, and performance of preschool staff members; the education and care-giving skills of the parents of preschool children; and the preparation of preschool-aged children for learning.
The project shall utilize the grant to continue a direct-service program that shall include at least three teleconferences that may be distributed by Ohio-based public television utilizing satellite or microwave technology in a manner designed to promote interactive communications between the program participants located at sub-sites within the Ohio Educational Broadcast Network or as determined by the commission. Program participants shall communicate with trainers and participants at other program sites through telecommunications and facsimile and on-line computer technology. As much as possible, the project shall utilize systems currently available in state-supported technology programs and conduct the program in a manner that promotes innovative, interactive communications between program participants at all the sites. Parent support groups and teacher training sessions shall supplement the teleconferences and shall occur on a local basis.
RISE Learning Solutions may subcontract components of the project.
Individuals eligible to participate in the program include those children, their parents, custodians, or guardians, and preschool staff members who are eligible to participate in a preschool program as defined in division (A) of section 3301.52 and section 5104.02 of the Revised Code.
The programs, including two to be developed in support of teacher proficiency in teaching reading to prekindergarten and kindergarten to third grade students, at the direction of the Department of Education, may include: two three-hour broadcast seminars from a central up-link station, distributed in up to 88 counties; high production-value video sought in various locations; and direct interactive adult learning activities. The program shall develop program workbooks and involve at least three small group-facilitated follow-up discussion workshops and development and distribution of at least two home videos. The program shall also provide Internet access, interactive lines, bulletin board, and CD-ROM.
Upon completion of each of the school years for which the grant was made, RISE Learning Solutions shall issue a report to the commission and the members of the General Assembly explaining the goals and objectives determined, the activities implemented, the progress made toward the achievement of the goals and objectives, and the outcome of the project.
Up to $4,403,778 in each fiscal year shall be used by the
Ohio SchoolNet
Commission to contract with instructional
television, and $639,537 in fiscal
year
2004 shall be used by the commission to
contract with
education media
centers to provide Ohio schools with instructional
resources and
services.
Resources may include, but not be limited to, the
following:
pre-recorded video materials (including videotape,
laser discs,
and CD-ROM discs); computer software for student
use or
student
access to electronic communication,
databases,
spreadsheet, and
word processing capability; live
student courses
or courses
delivered electronically; automated
media systems; and
instructional and professional development
materials for teachers.
The commission shall cooperate with education technology
agencies
in the
acquisition, development, and delivery of such
educational
resources to ensure high-quality and educational
soundness at the
lowest possible cost. Delivery of such
resources may utilize a
variety of technologies, with preference
given to a high-speed
integrated information network that can
transport video, voice,
data, and graphics simultaneously.
Services shall include presentations and technical assistance
that will help students and teachers integrate educational
materials that support curriculum objectives, match specific
learning styles, and are appropriate for individual interests
and
ability levels.
Such instructional resources and services shall be made
available for purchase
by chartered nonpublic schools or by public
school districts for the benefit
of pupils attending chartered
nonpublic schools.
The foregoing appropriation item 228-630, Ohio SchoolNet Telecommunity Fund, shall be distributed by the Ohio SchoolNet Commission on a grant basis to eligible school districts to establish "distance learning" through interactive video technologies in the school district. Per agreements with eight Ohio local telephone companies: ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell Telephone Company, Orwell Telephone Company, Sprint North Central Telephone, VERIZON, and Western Reserve Telephone Company, school districts are eligible for funds if they are within one of the listed telephone company service areas. Funds to administer the program shall be expended by the commission up to the amount specified in agreements with the listed telephone companies.
Within 30 days after the effective date of this section, the Director of Budget and Management shall transfer to Fund 4W9 in the State Special Revenue Fund Group any investment earnings from moneys paid to the Ohio SchoolNet Commission by any telephone company as part of any settlement agreement between the listed companies and the Public Utilities Commission in fiscal years 1996 and beyond.
Appropriation item 228-634, Distance Learning, shall be
distributed by the Ohio SchoolNet Commission on a grant basis to
eligible
school districts to establish
"distance learning" in the
school
district. Per the agreement with Ameritech, school
districts
are eligible for funds if they are within an Ameritech
service
area. Funds to administer the program shall be expended
by the
commission up to the amount specified in the agreement with
Ameritech.
Within thirty days after the effective date of this section, the
Director of Budget and Management shall transfer to fund 4X1
in
the State Special Revenue Fund Group any investment earnings
from
moneys paid to the office or to the SchoolNet Commission
by any
telephone company as part of a settlement agreement
between the
company and the Public Utilities Commission in
fiscal year 1995.
The foregoing appropriation item 228-605, Gates Foundation Grants, shall be used by the Ohio SchoolNet Commission to provide professional development to school district principals, superintendents, and other administrative staff for the use of education technology. The appropriation is made possible through a grant from the Bill and Melinda Gates foundation.
Section 97.02. TRANSFER OF FUNDS TO THE DEPARTMENT OF EDUCATION
On and after July 1, 2004, notwithstanding any provision of law to the contrary, the Director of Budget and Management is authorized to take the actions described in this section with respect to budget changes made necessary by administrative reorganization, program transfers, the creation of new funds, and the consolidation of funds as authorized by this act. The Director may make any transfer of cash balances between funds. At the request of the Director of Budget and Management, the Superintendent of Public Instruction shall certify to the Director an estimate of the amount of the cash balance to be transferred to the receiving fund. The Director may transfer the estimated amount when needed to make payments. Not more than thirty days after certifying the estimated amount, the Superintendent of Public Instruction shall certify the final amount to the Director. The Director shall transfer the difference between any amount previously transferred and the certified final amount. The Director may cancel encumbrances and re-establish encumbrances or parts of encumbrances as needed in fiscal year 2005 in the appropriate fund and appropriation line item for the same purpose and to the same vendor. As determined by the Director, the appropriation authority necessary to re-establish such encumbrances in fiscal year 2005 in a different fund or appropriation line item within an agency or between agencies is hereby appropriated by the General Assembly. The Director shall reduce each year's appropriation balances by the amount of the encumbrance canceled in their respective funds and appropriation line item. Any fiscal year 2004 unencumbered or unallocated appropriation balances may be transferred to the appropriate appropriation line item to be used for the same purposes, as determined by the Director. Of the foregoing appropriation item 911-416, Educational Technology, up to $23,000,000 in fiscal year 2005 may be transferred by the Director of Budget and Management to the Ohio Department of Education based on the Ohio Technology Integration Task Force plan envisioned by the section of this act titled OHIO TECHNOLOGY INTEGRATION TASK FORCE.
Section 98. SOS SECRETARY OF STATE
GRF |
050-321 |
|
Operating Expenses |
|
$ |
2,997,227 |
|
$ |
3,117,116 |
GRF |
050-403 |
|
Election Statistics |
|
$ |
114,993 |
|
$ |
119,593 |
GRF |
050-407 |
|
Pollworkers Training |
|
$ |
307,571 |
|
$ |
319,874 |
GRF |
050-409 |
|
Litigation Expenditures |
|
$ |
5,147 |
|
$ |
5,352 |
TOTAL GRF General Revenue Fund |
|
$ |
3,424,938 |
|
$ |
3,561,935 |
General Services Fund Group
4S8 |
050-610 |
|
Board of Voting Machine Examiners |
|
$ |
7,200 |
|
$ |
7,200 |
412 |
050-609 |
|
Notary Commission |
|
$ |
178,124 |
|
$ |
185,249 |
413 |
050-601 |
|
Information Systems |
|
$ |
163,418 |
|
$ |
169,955 |
414 |
050-602 |
|
Citizen Education Fund |
|
$ |
72,800 |
|
$ |
75,712 |
TOTAL General Services Fund Group |
|
$ |
421,542 |
|
$ |
438,116 |
Federal Special Revenue Fund Group
3X4 |
050-612 |
|
Ohio Cntr/Law Related Educ Grant |
|
$ |
41,000 |
|
$ |
41,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
41,000 |
|
$ |
41,000 |
State Special Revenue Fund Group
5N9 |
050-607 |
|
Technology Improvements |
|
$ |
124,582 |
|
$ |
129,565 |
599 |
050-603 |
|
Business Services Operating Expenses |
|
$ |
13,649,716 |
|
$ |
13,850,153 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,774,298 |
|
$ |
13,979,718 |
Holding Account Redistribution Fund Group
R01 |
050-605 |
|
Uniform Commercial Code Refunds |
|
$ |
65,000 |
|
$ |
65,000 |
R02 |
050-606 |
|
Corporate/Business Filing Refunds |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
165,000 |
|
$ |
165,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
17,826,778 |
|
$ |
18,185,769 |
BOARD OF VOTING MACHINE EXAMINERS
The foregoing appropriation item 050-610, Board of Voting
Machine Examiners,
shall be used to pay for the services and
expenses of the members of the Board
of Voting Machine Examiners,
and for other expenses that are authorized to be
paid from the
Board of Voting Machine Examiners Fund, which is created in
section
3506.05 of the Revised Code. Moneys not used shall be
returned to
the
person or entity submitting the equipment for
examination. If
it is
determined that additional appropriations
are necessary,
such amounts are appropriated.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 050-605 and 050-606,
Holding
Account Redistribution Fund Group, shall be used to hold
revenues
until they are directed to the appropriate accounts or
until they
are refunded. If it is determined that additional
appropriations
are necessary, such amounts are
appropriated.
Section 99. SEN THE OHIO SENATE
GRF |
020-321 |
|
Operating Expenses |
|
$ |
10,887,655 |
|
$ |
11,432,037 |
TOTAL GRF General Revenue Fund |
|
$ |
10,887,655 |
|
$ |
11,432,037 |
General Services Fund Group
102 |
020-602 |
|
Senate Reimbursement |
|
$ |
422,881 |
|
$ |
444,025 |
409 |
020-601 |
|
Miscellaneous Sales |
|
$ |
32,529 |
|
$ |
34,155 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
455,410 |
|
$ |
478,180 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,343,065 |
|
$ |
11,910,217 |
Section 100. CSF COMMISSIONERS OF THE SINKING FUND
071 |
155-901 |
|
Highway Obligations Bond Retirement Fund |
|
$ |
35,536,300 |
|
$ |
10,450,000 |
072 |
155-902 |
|
Highway Capital Improvements Bond Retirement Fund |
|
$ |
153,559,600 |
|
$ |
173,238,200 |
073 |
155-903 |
|
Natural Resources Bond Retirement |
|
$ |
23,808,300 |
|
$ |
26,914,300 |
074 |
155-904 |
|
Conservation Projects Bond Service Fund |
|
$ |
9,743,500 |
|
$ |
11,235,700 |
076 |
155-906 |
|
Coal Research and Development Bond Retirement Fund |
|
$ |
7,231,200 |
|
$ |
9,185,100 |
077 |
155-907 |
|
State Capital Improvements Bond
Retirement Fund |
|
$ |
156,974,400 |
|
$ |
152,069,700 |
078 |
155-908 |
|
Common Schools Bond Retirement Fund |
|
$ |
106,322,300 |
|
$ |
145,989,300 |
079 |
155-909 |
|
Higher Education
Bond Retirement Fund |
|
$ |
97,668,000 |
|
$ |
130,967,600 |
TOTAL DSF Debt Service Fund Group |
|
$ |
590,843,600 |
|
$ |
660,049,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
590,843,600 |
|
$ |
660,049,900 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section are for the purpose of
paying debt service and financing costs on bonds or notes of the
state issued pursuant to the Ohio
Constitution and acts of the
General Assembly. If it is
determined that additional
appropriations are necessary, such
amounts are appropriated.
Section 101. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY
& AUDIOLOGY
General Services Fund Group
4K9 |
886-609 |
|
Operating Expenses |
|
$ |
390,966 |
|
$ |
403,554 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
390,966 |
|
$ |
403,554 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
390,966 |
|
$ |
403,554 |
Section 102. BTA BOARD OF TAX APPEALS
GRF |
116-321 |
|
Operating Expenses |
|
$ |
2,245,501 |
|
$ |
2,362,383 |
TOTAL GRF General Revenue Fund |
|
$ |
2,245,501 |
|
$ |
2,362,383 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,245,501 |
|
$ |
2,362,383 |
Section 103. TAX DEPARTMENT OF TAXATION
GRF |
110-321 |
|
Operating Expenses |
|
$ |
92,501,007 |
|
$ |
94,267,788 |
GRF |
110-412 |
|
Child Support Administration |
|
$ |
74,215 |
|
$ |
74,215 |
GRF |
110-901 |
|
Property Tax Allocation - Taxation |
|
$ |
408,750,000 |
|
$ |
409,440,000 |
GRF |
110-906 |
|
Tangible Tax
Exemption - Taxation |
|
$ |
26,590,000 |
|
$ |
25,090,000 |
TOTAL GRF General Revenue Fund |
|
$ |
527,915,222 |
|
$ |
528,872,003 |
095 |
110-901 |
|
Municipal Income Tax |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
425 |
110-635 |
|
Tax Refunds |
|
$ |
1,296,756,200 |
|
$ |
1,337,119,600 |
TOTAL AGY Agency Fund Group |
|
$ |
1,308,756,200 |
|
$ |
1,349,119,600 |
General Services Fund Group
433 |
110-602 |
|
Tape File Account |
|
$ |
96,165 |
|
$ |
96,165 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
96,165 |
|
$ |
96,165 |
State Special Revenue Fund Group
4C6 |
110-616 |
|
International Registration Plan |
|
$ |
706,855 |
|
$ |
706,855 |
4R6 |
110-610 |
|
Tire Tax Administration |
|
$ |
65,000 |
|
$ |
65,000 |
435 |
110-607 |
|
Local Tax Administration |
|
$ |
13,600,000 |
|
$ |
13,700,000 |
436 |
110-608 |
|
Motor Vehicle Audit |
|
$ |
1,350,000 |
|
$ |
1,350,000 |
437 |
110-606 |
|
Litter Tax and Natural Resource Tax Administration |
|
$ |
625,232 |
|
$ |
625,232 |
438 |
110-609 |
|
School District Income Tax |
|
$ |
2,599,999 |
|
$ |
2,599,999 |
5N5 |
110-605 |
|
Municipal Income Tax Administration |
|
$ |
650,000 |
|
$ |
650,000 |
5N6 |
110-618 |
|
Kilowatt Hour Tax Administration |
|
$ |
85,000 |
|
$ |
85,000 |
5V7 |
110-622 |
|
Motor Fuel Tax Administration |
|
$ |
3,734,036 |
|
$ |
3,833,091 |
5V8 |
110-623 |
|
Property Tax Administration |
|
$ |
11,569,719 |
|
$ |
11,938,362 |
5W4 |
110-625 |
|
Centralized Tax Filing and Payment |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
639 |
110-614 |
|
Cigarette Tax Enforcement |
|
$ |
168,925 |
|
$ |
168,925 |
642 |
110-613 |
|
Ohio Political Party Distributions |
|
$ |
600,000 |
|
$ |
600,000 |
688 |
110-615 |
|
Local Excise Tax Administration |
|
$ |
300,000 |
|
$ |
300,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
39,054,766 |
|
$ |
39,622,464 |
Federal Special Revenue Fund Group
3J6 |
110-601 |
|
Motor Fuel Compliance |
|
$ |
33,300 |
|
$ |
25,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
33,300 |
|
$ |
25,000 |
Holding Account Redistribution Fund Group
R10 |
110-611 |
|
Tax Distributions |
|
$ |
50,000 |
|
$ |
50,000 |
R11 |
110-612 |
|
Miscellaneous Income Tax Receipts |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,875,955,653 |
|
$ |
1,917,835,232 |
LITTER CONTROL TAX ADMINISTRATION FUND
Notwithstanding section 5733.12 of the Revised Code, during
the period from
July 1, 2003, to June 30, 2004, the amount of
$625,232, and during the
period from July 1, 2004, to June 30,
2005, the amount of $625,232, received
by the Tax Commissioner
under Chapter 5733. of the Revised Code, shall be
credited to the
Litter Control Tax Administration Fund (Fund 437).
CENTRALIZED TAX FILING AND PAYMENT FUND
The Director of Budget and Management pursuant to a plan submitted by the Tax Commissioner, or as otherwise determined by the Director of Budget and Management, shall set a schedule to transfer cash from the General Revenue Fund to the credit of the Centralized Tax Filing and Payment Fund. Such transfers of cash shall not exceed $3,000,000 in any fiscal year.
INTERNATIONAL REGISTRATION PLAN AUDIT
The foregoing appropriation item 110-616, International
Registration Plan, shall be used pursuant to section 5703.12 of
the Revised
Code for audits
of persons with vehicles registered
under the International Registration Plan.
HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK,
AND TANGIBLE TAX
EXEMPTION
The foregoing appropriation item 110-901, Property Tax
Allocation -
Taxation, is appropriated to
pay for the state's
costs
incurred due to the Homestead Exemption, the Manufactured
Home Property Tax Rollback, and the Property Tax Rollback. The
Tax Commissioner shall
distribute these funds directly to the
appropriate
local taxing
districts of the state, except for school
districts,
notwithstanding the provisions in sections 321.24 and
323.156 of
the Revised
Code, which provide for payment of the
Homestead
Exemption, the Manufactured Home Property Tax Rollback,
and Property Tax
Rollback by the Tax Commissioner to the
appropriate county treasurer and the
subsequent redistribution of
these funds to the appropriate local taxing
districts by the
county auditor.
The foregoing appropriation item 110-906, Tangible Tax
Exemption -
Taxation, is appropriated to
pay for the state's costs
incurred
due to the tangible personal
property tax exemption
required by division
(C)(3) of section
5709.01 of the Revised
Code. The Tax Commissioner shall
distribute to each county
treasurer the total amount certified by
the county
treasurer
pursuant to section 319.311 of the Revised
Code for all local
taxing
districts located in the county except
for school
districts, notwithstanding
the provision in section
319.311 of the
Revised Code which provides for
payment of the
$10,000 tangible
personal property tax exemption by the Tax
Commissioner to the
appropriate county treasurer for all local
taxing
districts
located in the county including school districts.
Pursuant to
division (G) of section 321.24 of the Revised Code,
the county
auditor shall
distribute the amount paid by the Tax
Commissioner
among the appropriate local
taxing districts except
for school
districts.
Upon receipt of these amounts, each local taxing district
shall distribute the
amount among the proper funds as if it had
been paid as real or tangible
personal property taxes. Payments
for the costs of administration shall
continue to be paid to the
county treasurer and county auditor as provided for
in sections
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation items 110-901, Property Tax
Allocation - Taxation, for the
Homestead Exemption, the
Manufactured Home Property Tax Rollback, and the
Property Tax
Rollback payments, and 110-906,
Tangible Tax
Exemption
- Taxation,
for the
$10,000 tangible personal property tax
exemption payments,
which
are determined to be necessary for these
purposes,
are
hereby appropriated.
The foregoing appropriation item 110-901, Municipal Income Tax, shall be used to make payments to municipal corporations as provided in section 5745.05 of the Revised Code. If it is determined that additional appropriations are necessary to make such payments, such amounts are hereby appropriated.
The foregoing appropriation item 110-635, Tax Refunds,
shall
be used to pay refunds as provided in section 5703.052 of the
Revised Code. If it is
determined that additional appropriations
are necessary, such amounts are appropriated.
Section 104. DOT DEPARTMENT OF TRANSPORTATION
Transportation Modes
GRF |
775-451 |
|
Public Transportation - State |
|
$ |
21,905,494 |
|
$ |
21,905,494 |
GRF |
776-465 |
|
Rail Transportation |
|
$ |
3,856,889 |
|
$ |
3,786,056 |
GRF |
776-466 |
|
Railroad Crossing and Grade
Separation |
|
$ |
814,278 |
|
$ |
832,492 |
GRF |
777-471 |
|
Airport Improvements - State |
|
$ |
1,908,495 |
|
$ |
1,908,495 |
GRF |
777-473 |
|
Rickenbacker Lease Payments - State |
|
$ |
591,600 |
|
$ |
591,500 |
TOTAL GRF General Revenue Fund |
|
$ |
29,076,756 |
|
$ |
29,024,037 |
Federal Special Revenue Fund Group
3B9 |
776-662 |
|
Rail Transportation - Federal |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL FSR Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
50,000 |
|
$ |
50,000 |
State Special Revenue Fund Group
4N4 |
776-663 |
|
Panhandle Lease Reserve Payments |
|
$ |
770,000 |
|
$ |
770,000 |
4N4 |
776-664 |
|
Rail Transportation - Other |
|
$ |
1,919,500 |
|
$ |
2,111,500 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,689,500 |
|
$ |
2,881,500 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
31,816,256 |
|
$ |
31,955,537 |
ELDERLY AND DISABLED FARE ASSISTANCE
Of the foregoing appropriation item 775-451, Public Transportation - State, up to $4,012,780 in fiscal year 2004 and $5,015,975 in fiscal year 2005 may be used to make grants to county transit boards, regional transit authorities, regional transit commissions, counties, municipal corporations, and private nonprofit organizations that operate or will operate public transportation systems, for the purpose of reducing the transit fares of elderly or disabled persons. Pursuant to division (B) of section 5501.07 of the Revised Code, the Director of Transportation shall establish criteria for the distribution of these grants.
RAILROAD CROSSING AND GRADE SEPARATION
The foregoing appropriation item 776-466, Railroad
Crossing
and Grade Separation, shall be used to
fund the Rail Crossing
Safety Initiative, which provides improvements to
communities
most affected by rail traffic and related issues.
The foregoing appropriation item 777-473, Rickenbacker Lease
Payments - State, shall be used to meet scheduled payments
for the
Rickenbacker Port Authority. The Director of
Transportation shall
certify to the Director of Budget and
Management any
appropriations in appropriation item 777-473, Rickenbacker
Lease
Payments - State, that are not needed to make lease
payments for
the Rickenbacker Port Authority. Notwithstanding
section 127.14
of the Revised Code, the amount certified may be transferred by
the Director of Budget and Management to appropriation item
777-471, Airport
Improvements - State.
Section 105. TOS TREASURER OF STATE
GRF |
090-321 |
|
Operating Expenses |
|
$ |
9,552,821 |
|
$ |
10,151,620 |
GRF |
090-401 |
|
Office of the Sinking
|
|
$ |
554,868 |
|
$ |
577,082 |
|
|
|
Fund |
|
|
|
|
|
|
GRF |
090-402 |
|
Continuing Education |
|
$ |
503,648 |
|
$ |
536,936 |
GRF |
090-524 |
|
Police and Fire
|
|
$ |
35,000 |
|
$ |
30,000 |
|
|
|
Disability Pension Fund |
|
|
|
|
|
|
GRF |
090-534 |
|
Police
& Fire Ad Hoc Cost
|
|
$ |
225,000 |
|
$ |
230,000 |
|
|
|
of Living |
|
|
|
|
|
|
GRF |
090-544 |
|
Police and Fire State
|
|
$ |
1,200,000 |
|
$ |
1,200,000 |
|
|
|
Contribution |
|
|
|
|
|
|
GRF |
090-554 |
|
Police and Fire Survivor
|
|
$ |
1,320,000 |
|
$ |
1,260,000 |
|
|
|
Benefits |
|
|
|
|
|
|
GRF |
090-575 |
|
Police and Fire Death
|
|
$ |
24,000,000 |
|
$ |
25,000,000 |
|
|
|
Benefits |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
37,391,337 |
|
$ |
38,985,638 |
425 |
090-635 |
|
Tax Refunds |
|
$ |
31,000,000 |
|
$ |
31,000,000 |
TOTAL Agency Fund Group |
|
$ |
31,000,000 |
|
$ |
31,000,000 |
General Services Fund Group
4E9 |
090-603 |
|
Securities Lending Income
|
|
$ |
2,400,000 |
|
$ |
2,100,000 |
577 |
090-605 |
|
Investment Pool
|
|
$ |
600,000 |
|
$ |
550,000 |
|
|
|
Reimbursement |
|
|
|
|
|
|
605 |
090-609 |
|
Treasurer of State
|
|
$ |
600,000 |
|
$ |
700,000 |
|
|
|
Administrative Fund |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
3,600,000 |
|
$ |
3,350,000 |
State Special Revenue Fund Group
5C5 |
090-602 |
|
County Treasurer Education |
|
$ |
175,000 |
|
$ |
135,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
175,000 |
|
$ |
135,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
72,166,337 |
|
$ |
73,470,638 |
Section 105.01. OFFICE OF THE SINKING FUND
The foregoing appropriation item 090-401, Office of
the
Sinking Fund, shall be used for financing and other costs incurred
by or
on behalf of the Commissioners of the Sinking Fund, the Ohio
Public Facilities Commission or its secretary, or the Treasurer of
State, with
respect to
State of Ohio
general obligation bonds or
notes, including, but not limited to,
printing, advertising,
delivery, rating fees and the procurement
of ratings, professional
publications, membership in professional organizations, and
services referred to in division (D) of
section 151.01 of the
Revised
Code. The General
Revenue Fund
shall be
reimbursed for
such costs by intrastate
transfer voucher
pursuant to a
certification by the Office of the
Sinking Fund of
the
actual
amounts used. The amounts necessary to
make such
reimbursements
are appropriated from the general
obligation bond
retirement
funds
created by the Constitution and
laws to the
extent such costs are
incurred.
POLICE AND FIRE DEATH BENEFIT FUND
The foregoing appropriation item 090-575, Police and Fire
Death Benefits, shall be disbursed annually by the Treasurer of
State at the beginning of each fiscal year to the Board
of
Trustees of the Ohio Police and Fire Pension
Fund. By the
twentieth day of June of each year, the Board of
Trustees of the
Ohio Police and Fire Pension Fund
shall certify to
the Treasurer
of State the
amount disbursed in
the current
fiscal year to
make
the payments
required by section
742.63 of the
Revised Code
and
shall return to
the Treasurer of
State moneys
received from
this
item but not
disbursed.
The foregoing appropriation item 090-635, Tax Refunds, shall be used to pay refunds as provided in section 5703.052 of the Revised Code. If it is determined by the Director of Budget and Management that additional amounts are necessary, such amounts are appropriated.
Section 106. UST PETROLEUM UNDERGROUND STORAGE TANK
RELEASE COMPENSATION BOARD
State Special Revenue Fund Group
691 |
810-632 |
|
PUSTRCB Staff |
|
$ |
1,075,158 |
|
$ |
1,075,158 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,075,158 |
|
$ |
1,075,158 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,075,158 |
|
$ |
1,075,158 |
Section 107. TTA OHIO TUITION TRUST AUTHORITY
State Special Revenue Fund Group
5P3 |
095-602 |
|
Variable Savings Plan |
|
$ |
1,639,747 |
|
$ |
1,690,213 |
645 |
095-601 |
|
Operating Expenses |
|
$ |
3,570,614 |
|
$ |
3,689,101 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,210,361 |
|
$ |
5,379,314 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,210,361 |
|
$ |
5,379,314 |
Section 108. OVH OHIO VETERANS' HOME
GRF |
430-100 |
|
Personal Services |
|
$ |
20,664,311 |
|
$ |
18,247,112 |
GRF |
430-200 |
|
Maintenance |
|
$ |
6,112,553 |
|
$ |
6,546,928 |
TOTAL GRF General Revenue Fund |
|
$ |
26,776,864 |
|
$ |
24,794,040 |
General Services Fund Group
484 |
430-603 |
|
Rental and Service Revenue |
|
$ |
709,737 |
|
$ |
709,737 |
TOTAL GSF General Services Fund Group |
|
$ |
709,737 |
|
$ |
709,737 |
Federal Special Revenue Fund Group
3L2 |
430-601 |
|
Federal Grants |
|
$ |
12,220,340 |
|
$ |
14,696,578 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,220,340 |
|
$ |
14,696,578 |
State Special Revenue Fund Group
4E2 |
430-602 |
|
Veterans Home Operating |
|
$ |
6,719,938 |
|
$ |
7,769,277 |
604 |
430-604 |
|
Veterans Home Improvement |
|
$ |
770,096 |
|
$ |
770,096 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
7,490,034 |
|
$ |
8,539,373 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
47,196,975 |
|
$ |
48,739,728 |
Section 109. VET VETERANS' ORGANIZATIONS
VAP AMERICAN EX-PRISONERS OF WAR
GRF |
743-501 |
|
State Support |
|
$ |
24,404 |
|
$ |
24,404 |
VAN ARMY AND NAVY UNION, USA, INC.
GRF |
746-501 |
|
State Support |
|
$ |
53,637 |
|
$ |
53,637 |
VKW KOREAN WAR VETERANS
GRF |
747-501 |
|
State Support |
|
$ |
53,092 |
|
$ |
48,217 |
VJW JEWISH WAR VETERANS
GRF |
748-501 |
|
State Support |
|
$ |
28,972 |
|
$ |
28,972 |
VCW CATHOLIC WAR VETERANS
GRF |
749-501 |
|
State Support |
|
$ |
56,540 |
|
$ |
56,540 |
VPH MILITARY ORDER OF THE PURPLE HEART
GRF |
750-501 |
|
State Support |
|
$ |
54,968 |
|
$ |
54,968 |
VVV VIETNAM VETERANS OF AMERICA
GRF |
751-501 |
|
State Support |
|
$ |
181,305 |
|
$ |
181,305 |
VAL AMERICAN LEGION OF OHIO
GRF |
752-501 |
|
State Support |
|
$ |
246,020 |
|
$ |
246,020 |
VII AMVETS
GRF |
753-501 |
|
State Support |
|
$ |
231,971 |
|
$ |
231,971 |
VAV DISABLED AMERICAN VETERANS
GRF |
754-501 |
|
State Support |
|
$ |
162,150 |
|
$ |
162,150 |
VMC MARINE CORPS LEAGUE
GRF |
756-501 |
|
State Support |
|
$ |
83,823 |
|
$ |
83,823 |
V37 37TH DIVISION AEF VETERANS' ASSOCIATION
GRF |
757-501 |
|
State Support |
|
$ |
5,797 |
|
$ |
5,797 |
VFW VETERANS OF FOREIGN WARS
GRF |
758-501 |
|
State Support |
|
$ |
191,700 |
|
$ |
191,700 |
VWI VETERANS OF WORLD WAR I
GRF |
759-501 |
|
State Support |
|
$ |
20,536 |
|
$ |
20,536 |
TOTAL GRF General Revenue Fund |
|
$ |
1,394,915 |
|
$ |
1,390,040 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,394,915 |
|
$ |
1,390,040 |
The foregoing appropriation items 743-501, 746-501, 747-501,
748-501, 749-501,
750-501, 751-501, 752-501, 753-501, 754-501,
756-501,
757-501, 758-501, and 759-501, State Support,
shall be released
upon approval by the Director of Budget and
Management.
50th ANNIVERSARY COMMEMORATION OF THE KOREAN WAR
Of the foregoing appropriation item 747-501, State Support, Korean War Veterans, up to $4,500 in fiscal year 2004 shall be used for activities to commemorate the 50th anniversary of the Korean War. Commemorative activities shall be carried out by the Korean War Veterans Organization with input from the Governor's Office of Veterans Affairs and the other veterans organizations representing Korean War veterans.
AMERICAN EX-PRISONERS OF WAR
The American Ex-Prisoners of War shall be permitted to share
an office with
the Veterans of World War I.
CENTRAL OHIO UNITED SERVICES ORGANIZATION
Of the foregoing appropriation item 751-501, State Support,
Vietnam Veterans
of America,
$50,000 in each fiscal year shall be
used to support the activities of the
Central Ohio USO.
VETERANS SERVICE COMMISSION EDUCATION
Of the foregoing appropriation item 753-501, State Support,
AMVETS, up to
$20,000 in each
fiscal year may be used to provide moneys to
the
Association of
County Veterans Service Commissioners to
reimburse
its member
county veterans service commissions for costs
incurred
in carrying
out educational and outreach duties required
under
divisions (E)
and (F) of section 5901.03 of the Revised
Code. The Director of Budget and Management shall release these funds upon
the
presentation of an itemized receipt from the association for reasonable and
appropriate
expenses
incurred while performing these duties. The
association shall
establish
uniform procedures for reimbursing
member commissions.
Section 110. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
4K9 |
888-609 |
|
Operating Expenses |
|
$ |
444,208 |
|
$ |
453,043 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
444,208 |
|
$ |
453,043 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
444,208 |
|
$ |
453,043 |
Section 111. DYS DEPARTMENT OF YOUTH SERVICES
GRF |
470-401 |
|
RECLAIM Ohio |
|
$ |
164,637,416 |
|
$ |
167,697,792 |
GRF |
470-412 |
|
Lease Rental Payments |
|
$ |
21,110,100 |
|
$ |
21,110,000 |
GRF |
470-510 |
|
Youth Services |
|
$ |
18,558,587 |
|
$ |
18,558,587 |
GRF |
472-321 |
|
Parole Operations |
|
$ |
15,347,154 |
|
$ |
14,841,872 |
GRF |
477-321 |
|
Administrative Operations |
|
$ |
14,427,323 |
|
$ |
14,166,008 |
TOTAL GRF General Revenue Fund |
|
$ |
234,080,580 |
|
$ |
236,374,259 |
General Services Fund Group
175 |
470-613 |
|
Education Reimbursement |
|
$ |
8,817,598 |
|
$ |
8,817,598 |
4A2 |
470-602 |
|
Child Support |
|
$ |
311,302 |
|
$ |
320,641 |
4G6 |
470-605 |
|
General Operational Funds |
|
$ |
10,000 |
|
$ |
10,000 |
479 |
470-609 |
|
Employee Food Service |
|
$ |
118,454 |
|
$ |
122,008 |
523 |
470-621 |
|
Wellness Program |
|
$ |
197,778 |
|
$ |
197,778 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
9,455,132 |
|
$ |
9,468,025 |
Federal Special Revenue Fund Group
3V5 |
470-604 |
|
Juvenile Justice/Delinquency Prevention |
|
$ |
4,091,100 |
|
$ |
4,254,744 |
3W0 |
470-611 |
|
Federal Juvenile Programs FFY 02 |
|
$ |
4,500,000 |
|
$ |
0 |
3Z8 |
470-625 |
|
Federal Juvenile Programs FFY 04 |
|
$ |
7,828,899 |
|
$ |
4,500,000 |
3Z9 |
470-626 |
|
Federal Juvenile Programs FFY 05 |
|
$ |
0 |
|
$ |
7,828,899 |
321 |
470-601 |
|
Education |
|
$ |
1,491,587 |
|
$ |
1,555,147 |
321 |
470-603 |
|
Juvenile Justice Prevention |
|
$ |
1,558,138 |
|
$ |
1,558,138 |
321 |
470-606 |
|
Nutrition |
|
$ |
2,389,587 |
|
$ |
2,485,170 |
321 |
470-610 |
|
Rehabilitation Programs |
|
$ |
585,000 |
|
$ |
585,000 |
321 |
470-614 |
|
Title IV-E Reimbursements |
|
$ |
4,776,002 |
|
$ |
4,919,282 |
321 |
470-617 |
|
Americorps Programs |
|
$ |
460,000 |
|
$ |
460,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
27,680,313 |
|
$ |
28,146,380 |
State Special Revenue Fund Group
147 |
470-612 |
|
Vocational Education |
|
$ |
2,523,653 |
|
$ |
2,630,612 |
4W3 |
470-618 |
|
Help Me Grow |
|
$ |
11,587 |
|
$ |
11,587 |
5J7 |
470-623 |
|
Residential Treatment Services |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,035,240 |
|
$ |
3,142,199 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
274,251,265 |
|
$ |
277,130,863 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 470-412, Lease Rental
Payments, in the Department of Youth Services, shall be used for
payments to the
Ohio Building Authority for the period from July 1, 2003, to June
30,
2005, pursuant to the primary leases and agreements for
facilities made under Chapter 152. of the Revised Code, but limited to the aggregate amount of $42,220,100. This appropriation is
the source of funds pledged for bond service charges on related
obligations issued pursuant to Chapter 152. of the Revised Code.
EMPLOYEE FOOD SERVICE AND EQUIPMENT
Notwithstanding section 125.14 of the Revised Code, the
foregoing appropriation item 470-609, Employee Food Service, may
be used to
purchase any food operational items with funds received
into the fund from reimbursement for state surplus property.
The foregoing appropriation item 470-613, Education
Reimbursement, shall be used to fund the operating expenses of
providing educational services to youth supervised by the
Department of Youth Services. Operating expenses include, but
are
not limited to, teachers' salaries, maintenance costs, and
educational equipment. This appropriation item shall not be used
for
capital expenses.
FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE
OF
CRIMINAL JUSTICE
SERVICES TO THE DEPARTMENT OF YOUTH SERVICES
Any business relating to the funds associated with the Office of Criminal Justice Services' appropriation item 196-602, Criminal Justice Federal Programs, commenced but not completed by the Office of Criminal Justice Services or its director shall be completed by the Department of Youth Services or its director in the same manner, and with the same effect, as if completed by the Office of Criminal Justice Services or its director. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer and shall be administered by the Department of Youth Services.
Any action or proceeding against the Office of Criminal Justice Services pending on the effective date of this section shall not be affected by the transfer of responsibility to the Department of Youth Services, and shall be prosecuted or defended in the name of the Department of Youth Services or its director. In all such actions and proceedings, the Department of Youth Services or its director upon application of the court shall be substituted as party.
Section 112. EXPENDITURES AND APPROPRIATION INCREASES
APPROVED BY THE CONTROLLING BOARD
Any money that the Controlling Board approves for expenditure
or any increase in appropriation authority that the Controlling
Board approves pursuant to the provisions of sections 127.14,
131.35, and 131.39
of the Revised Code or any other provision of
law is appropriated for the period ending June 30,
2005.
Section 113. PERSONAL SERVICE EXPENSES
Unless otherwise prohibited by law, any appropriation from
which personal service expenses are paid shall bear
the employer's
share of public employees' retirement, workers'
compensation,
disabled workers' relief, and all group insurance
programs; the
costs of centralized accounting, centralized
payroll
processing,
and related personnel reports and services;
the cost
of the Office
of Collective Bargaining; the cost of the
Personnel
Board of
Review; the cost of the Employee Assistance
Program; the
cost of
the affirmative action and equal employment opportunity programs administered by the Department of Administrative Services; the costs of interagency
information
management infrastructure; and the cost
of
administering the state
employee merit system as required by
section 124.07 of the Revised
Code. These costs shall be
determined in conformity with
appropriate sections of law and
paid
in accordance with procedures
specified by the Office of
Budget
and Management. Expenditures
from appropriation item 070-601,
Public Audit Expense - Local
Government, in Fund 422 may be exempted
from the
requirements of
this section.
Section 114. REISSUANCE OF VOIDED WARRANTS
In order to provide funds for the reissuance of voided
warrants pursuant to section 117.47 of the Revised Code, there is
appropriated, out of moneys in the state treasury from the
fund
credited as provided in section 117.47 of the Revised Code,
that
amount sufficient to pay such warrants when approved by the
Office
of Budget and Management.
Section 115. * CAPITAL PROJECT SETTLEMENTS
This section specifies an additional and supplemental
procedure to provide for payments of judgments and settlements if
the Director of Budget and Management determines, pursuant to
division (C)(4) of section 2743.19 of the Revised Code, that
sufficient unencumbered moneys do not exist in the particular
appropriation to pay the amount of a final judgment rendered
against the state or a state agency, including the settlement of
a
claim approved by a court, in an action upon and arising out of
a
contractual obligation for the construction or improvement of a
capital facility if the costs under the contract were payable in
whole
or in part from a state capital projects appropriation. In
such a
case, the director may either proceed pursuant to division
(C)(4)
of section 2743.19 of the Revised Code, or apply to the
Controlling
Board to increase an
appropriation or create an
appropriation out of any unencumbered
moneys in the state treasury
to the credit of the capital
projects fund from which the initial
state appropriation was
made. The Controlling Board may approve
or disapprove the
application as submitted or modified. The
amount of an increase
in appropriation or new appropriation
specified in an application
approved by the Controlling Board is
hereby appropriated from the
applicable capital projects fund and
made available for the
payment of the judgment or settlement.
If the director does not make the application authorized by
this section or the Controlling Board disapproves the
application,
and the director does not make application pursuant
to division
(C)(4) of section 2743.19 of the Revised Code, the director shall
for the purpose of making that payment make a request to the General
Assembly as provided for in division (C)(5) of that section.
Section 116. INCOME TAX DISTRIBUTION TO COUNTIES
There are hereby appropriated out of any moneys in the
state
treasury to the credit of the General Revenue Fund, which
are not
otherwise appropriated, funds sufficient to make any
payment
required by division (B)(2) of section 5747.03 of the
Revised
Code.
Section 117. SATISFACTION OF JUDGMENTS AND SETTLEMENTS
AGAINST THE STATE
Any appropriation may be used for the
purpose
of satisfying
judgments or settlements in connection with
civil actions
against
the state in federal court not barred by
sovereign immunity or the
Eleventh Amendment to the Constitution
of the United States, or
for the
purpose of satisfying judgments,
settlements, or
administrative awards
ordered or approved by the
Court of Claims
in connection with civil actions
against the
state, pursuant to
section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This
authorization does not apply to
appropriations to be
applied to or
used for payment of guarantees
by or on behalf of the state, for
or relating to lease payments or
debt service on bonds, notes, or
similar obligations and those
from
the Sports Facilities Building
Fund (Fund 024), the Highway
Safety Building
Fund (Fund 025), the
Administrative Building Fund
(Fund 026), the Adult
Correctional
Building Fund (Fund 027), the
Juvenile Correctional Building Fund
(Fund 028), the Transportation
Building Fund (Fund 029), the Arts
Facilities
Building Fund (Fund
030), the Natural Resources
Projects Fund (Fund 031), the
School
Building Program Assistance
Fund (Fund 032), the Mental Health
Facilities Improvement Fund
(Fund 033), the Higher Education
Improvement Fund
(Fund 034), the
Parks and Recreation Improvement
Fund (Fund 035), the State
Capital Improvements Fund (Fund 038),
the Highway Obligation Fund
(Fund 041),
the Coal
Research/Development Fund (Fund 046),
and any
other fund into
which proceeds of obligations are deposited.
Nothing contained in
this section is intended to subject the state
to suit in
any forum
in which it is not otherwise subject to suit,
nor is it intended
to
waive or compromise any defense or right
available to the state
in any suit
against it.
Section 118. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS
The maximum amounts that may be assessed against nuclear
electric utilities in
accordance with division (B)(2) of section
4937.05 of the Revised Code are as
follows:
|
|
|
FY 2004 |
|
FY 2005 |
Department of Agriculture |
|
|
|
|
|
Fund 4E4 Utility Radiological Safety |
|
$73,059 |
|
$73,059 |
Department of Health |
|
|
|
|
|
Fund 610 Radiation Emergency Response |
|
$923,315 |
|
$923,315 |
Environmental Protection Agency |
|
|
|
|
|
Fund 644 ER Radiological Safety |
|
$281,424 |
|
$286,114 |
Emergency Management Agency |
|
|
|
|
|
Fund 657 Utility Radiological Safety |
|
$1,200,000 |
|
$1,260,000 |
Section 119. UNCLAIMED FUNDS
TRANSFER
Notwithstanding division (A) of section 169.05 of the Revised
Code, prior to June 30, 2004, upon the request of the Director of
Budget and Management, the Director of Commerce shall transfer to
the General Revenue Fund up to
$25,000,000 of the
unclaimed funds
that have been reported by the holder of unclaimed
funds as
provided by section 169.05 of the Revised Code,
irrespective of
the allocation of the unclaimed funds under that
section.
Section 120. GRF TRANSFER TO FUND 5N4, OAKS PROJECT
IMPLEMENTATION
On July 1, 2003, or as soon thereafter as possible, the
Director of Budget and Management shall transfer $1,250,000 in
cash from the General Revenue Fund to Fund 5N4, OAKS Project
Implementation. On July 1, 2004, or as soon thereafter as
possible, the Director of Budget and Management shall transfer
$1,250,000 in cash from the General Revenue Fund to Fund 5N4, OAKS
Project Implementation.
Section 121. CORPORATE AND UCC FILING FUND TRANSFER TO GRF
Not later than the first day of June in each year of the
biennium, the Director of Budget and Management shall transfer
$1,000,000 from the Corporate and Uniform Commercial Code Filing
Fund to the
General Revenue Fund.
Section 122. GENERAL OBLIGATION DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of
paying debt service and financing costs on general obligation
bonds or notes of the state issued pursuant to the Ohio
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this
purpose, such amounts are appropriated.
Section 123. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF
STATE
Certain appropriations are in this act for the purpose of
making
lease payments pursuant to leases and agreements relating
to bonds or notes issued by the
Ohio Building Authority or the
Treasurer of State or, previously, by the Ohio Public Facilities
Commission,
pursuant
to
the Ohio
Constitution and acts of the
General Assembly. If it is
determined that additional
appropriations are necessary for this
purpose, such amounts are
appropriated.
Section 124. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS
The Office of Budget and Management shall initiate and
process disbursements from general obligation and lease rental payment appropriation
items during the period from July 1, 2003, to June 30, 2005,
relating to bonds or notes
issued under
Sections 2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution, and
Chapters 151., 154.,
and 3318. of the Revised Code. Disbursements shall
be made upon
certification by the Treasurer of State of the dates
and amounts
due on those dates.
Section 125. STATE AND LOCAL REBATE AUTHORIZATION
There is hereby appropriated, from those funds designated
by
or pursuant to the applicable proceedings authorizing the
issuance
of state obligations, amounts computed at the time to
represent
the portion of investment income to be rebated or
amounts in lieu
of or in addition to any rebate amount to be paid
to the federal
government in order to maintain the exclusion from
gross income
for federal income tax purposes of interest on those
state
obligations pursuant to section 148(f) of the Internal
Revenue
Code.
Rebate payments shall be approved and vouchered by the Office
of Budget and Management.
Section 126. APPROPRIATIONS RELATED TO CASH TRANSFERS AND
REESTABLISHMENT OF ENCUMBRANCES
Any cash transferred by the Director of
Budget and Management
as provided by section 126.15 of the Revised Code is
appropriated.
Any amounts necessary to reestablish appropriations or
encumbrances as provided in section 126.15 of the Revised Code are
appropriated.
Section 127. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT
Pursuant to the plan for compliance with the Federal Cash
Management Improvement Act required by section 131.36 of the
Revised Code, the Director of Budget and Management is authorized
to cancel and reestablish all or parts of encumbrances in like
amounts within the funds identified by the plan. The amounts
necessary to reestablish all or parts of encumbrances are
appropriated.
Section 128. STATEWIDE INDIRECT COST RECOVERY
Whenever the Director of Budget and Management determines
that an appropriation made to a state agency from a fund of the
state is insufficient to provide for the recovery of statewide
indirect costs pursuant to section 126.12 of the Revised Code,
the
amount required for such purpose is appropriated from
the
available receipts of such fund.
Section 129. GRF TRANSFERS ON BEHALF OF THE STATEWIDE
INDIRECT COST ALLOCATION PLAN
The total transfers made from the General Revenue Fund by the
Director of
Budget and Management pursuant to this section shall
not exceed
the amounts
transferred into the General Revenue Fund
pursuant to division
(B) of section
126.12 of the Revised Code.
A director of an agency may certify to the Director of Budget
and
Management the amount of expenses not allowed to be included
in the Statewide
Indirect Cost Allocation plan pursuant to federal
regulations, from any fund
included in the Statewide Indirect Cost
Allocation plan, prepared as required
by section 126.12 of the
Revised Code.
Upon determining
that no alternative source of funding is
available to pay for such expenses,
the Director of Budget and
Management may transfer from the General Revenue
Fund into the
fund for which the certification is made, up to the amount of
the
certification. The director of the agency receiving such funds
shall
include, as part of the next budget submission prepared
pursuant to section
126.02 of the Revised Code, a request for
funding for such activities from an
alternative source such that
further federal disallowances would not be
required.
Section 130. REAPPROPRIATION OF UNEXPENDED ENCUMBERED
BALANCES OF
OPERATING APPROPRIATIONS
An unexpended balance of an operating appropriation or
reappropriation
that a state
agency lawfully encumbered prior
to
the close of a
fiscal year is reappropriated on the
first day of
July of the
following fiscal year from the
fund from
which it was
originally
appropriated or
reappropriated for the
following period
and shall
remain available only for
the purpose
of discharging the
encumbrance:
(A) For an encumbrance for
personal
services, maintenance,
equipment, or items for resale, other than an
encumbrance for an
item of special order manufacture not available on term
contract
or in the open market or for reclamation of land or oil and gas
wells for a period of not more than five months from the end of
the fiscal
year;
(B) For an encumbrance for an item of special order
manufacture not available
on term contract or in the open market,
for a period of not more than five
months from the end of the
fiscal year or, with the written
approval of the Director of
Budget and Management, for a period of not more
than twelve months
from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and
gas wells, for a
period ending when the encumbered appropriation
is expended or for a period of two years, whichever is less;
(D) For an encumbrance for any other expense,
for such
period as the director approves, provided such period does not
exceed two years.
Any operating appropriations for which unexpended balances
are reappropriated
beyond a five-month
period from the end of the
fiscal year, pursuant to
division (B) of this section, shall be
reported to the Controlling
Board by the
Director of Budget and
Management by the thirty-first day of
December of each year. The
report on each such item shall include
the item,
the cost of the
item, and the name of the vendor. This report to
the board shall
be updated on a
quarterly basis for encumbrances
remaining open.
Upon the expiration of the reappropriation period set out in
divisions (A), (B), (C), or (D) of this section,
a
reappropriation
made pursuant to this section lapses, and
the Director
of Budget
and Management shall cancel the encumbrance
of the unexpended
reappropriation not later than the end of the
weekend following the
expiration
of
the reappropriation period.
Notwithstanding the preceding paragraph, with the approval of
the Director of Budget and Management, an unexpended balance of an
encumbrance that was reappropriated on the first day of July
pursuant to this section for a period specified in division (C) or
(D) of this section and that remains encumbered at the close of
the fiscal biennium is hereby reappropriated pursuant to this
section on the first day of July of the following fiscal biennium
from the fund from which it was originally appropriated or
reappropriated for the applicable period specified in division (C)
or (D) of this section and shall remain available only for the
purpose of discharging the encumbrance.
If the Controlling Board approved a purchase, that approval
remains in effect
as long as the appropriation used to make
that
purchase remains encumbered.
Section 131. FEDERAL GOVERNMENT INTEREST REQUIREMENTS
Notwithstanding any provision of law to the contrary, on or
before the first day of September of each fiscal year, the
Director of Budget
and Management, in order to reduce the payment
of adjustments to the federal
government, as determined by the
plan prepared pursuant to division (A) of
section 126.12 of the
Revised Code, may designate such funds as the director
considers
necessary to retain their own interest earnings.
Section 132.01. That Section 14 of Am. Sub. S.B. 242 of the 124th General Assembly be amended to read as follows:
Sec. 14. All items set forth in this section are hereby
appropriated out of
any moneys in the state treasury to the credit
of the Education Facilities
Trust Fund (Fund N87) that are not
otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION
CAP-780 |
|
Classroom Facilities Assistance Program |
|
$ |
148,400,000 25,600,000 |
Total School Facilities Commission |
|
$ |
148,400,000 25,600,000 |
TOTAL Education Facilities Trust Fund |
|
$ |
148,400,000 25,600,000 |
Section 132.02. That existing Section 14 of Am. Sub. S.B. 242 of the 124th General Assembly is hereby repealed.
Section 132.03. That Section 3 of Am. Sub. H.B. 215 of the
122nd
General
Assembly, as most recently amended
by Am. Sub. H.B.
94 of the
124th
General Assembly, be amended to read as
follows:
Sec. 3. Section 1751.68 of the Revised Code is hereby
repealed, effective
October 16, 2003 2005.
Section 132.04. That existing Section 3 of Am. Sub. H.B. 215 of
the 122nd General
Assembly, as most recently amended by Am. Sub.
H.B. 94 of the
124th General Assembly, is
hereby repealed.
Section 132.05. * That Section 3 of Am. Sub. H.B. 621 of the
122nd
General Assembly, as most recently amended by Am. Sub. H.B.
94 of
the 124th General Assembly, be amended to read as follows:
Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and
901.83 of the Revised Code are hereby repealed, effective July
1,
2003 October 15, 2005.
Section 132.06. * That existing Section 3 of Am. Sub. H.B. 621 of
the
122nd General Assembly, as most recently amended by Am. Sub.
H.B.
94 of the 124th General Assembly, is hereby repealed.
Section 132.07. That Section 153 of Am. Sub. H.B. 117 of the
121st
General
Assembly, as most recently amended by Am. Sub. H.B.
94 of
the 124th General
Assembly, be amended to read as follows:
Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04,
5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,
5112.18, 5112.19,
5112.21, and 5112.99 of the Revised
Code
are
hereby
repealed, effective
October 16,
2003 2005.
(B) Any money remaining in the Legislative Budget Services
Fund
on
October 16,
2003 2005, the date that section
5112.19 of the
Revised
Code is repealed by division
(A) of this
section, shall be
used
solely for the purposes
stated in then
former section 5112.19
of
the Revised Code. When all
money in the
Legislative Budget
Services Fund has been spent after then former
section 5112.19 of
the
Revised Code is repealed under division (A)
of this section,
the fund shall
cease to exist.
Section 132.08. That existing Section 153 of Am. Sub. H.B. 117
of
the 121st
General Assembly, as most recently amended by Am.
Sub.
H.B. 94 of the 124th
General Assembly, is hereby repealed.
Section 132.09. That Section 27 of Sub. H.B. 670 of the 121st General Assembly, as amended by Sub. H.B. 548 of the 123rd General Assembly, be amended to read as follows:
Sec. 27. The following agencies shall be retained pursuant
to division (D)
of section 101.83 of the Revised Code and shall
expire
on December 31, 2004:
|
|
REVISED CODE OR |
|
|
|
UNCODIFEID
UNCODIFIED |
|
AGENCY NAME |
|
SECTION |
|
Advisory Council on Amusement Ride Safety |
|
1711.51 |
Advisory Board of Directors for Prison Labor |
|
5145.162 |
Appalachian Public Facilities Council |
|
Sec. 3, H.B. 280, 121st GA |
Apprenticeship Council |
|
4111.26 |
Armory Board of Control |
|
5911.09 |
Banking Commission |
|
1123.01 |
Board of Voting Machine Examiners |
|
3506.05(B) |
Board of Governors, Medical Malpractice Joint Underwriting Association |
|
3929.77 |
Board of Tax Appeals |
|
5703.02 |
Brain Injury Advisory
Committee
Committee |
|
3304.231
3304.231 |
Capitol Square Review and Advisory Board |
|
105.41 |
Child Support Guideline Advisory
Council |
|
3113.215(G) |
Children's Trust Fund Board |
|
3109.15 |
Citizen's Advisory Council (Dept. of Mental
Retardation and Developmental
Disabilities) |
|
5123.092 |
Citizen's Advisory Council (Dept. of Mental
Health) |
|
5119.81 |
Civilian Conservation Advisory Committee |
|
1553.10 |
Coastal Resources Advisory Council |
|
1506.12 |
Commission on African-American Males |
|
4112.12 |
Commission on
Hispanic-Latino Affairs |
|
121.31 |
Commodity Advisory Commission |
|
926.32 |
Community Mental Retardation and Developmental Disabilities Trust Fund
Advisory Council |
|
5123.353 |
Continuing Education Committee (for sheriffs) |
|
109.80 |
Controlling Board |
|
127.12 |
Council on Alcohol and Drug Addiction Services |
|
3793.09 |
Council on Unreclaimed Strip Mine
Lands |
|
1513.29 |
County Sheriffs' Standard Car Marking
and Uniform Commission |
|
311.25 |
Criminal Sentencing Advisory Committee |
|
181.22 |
Day-Care Advisory Council |
|
5104.08 |
Development Financing Advisory Council |
|
122.40 |
Electrical Safety Inspector Advisory
Committee |
|
3783.08 |
Engineering Experiment Station Advisory
Committee |
|
3335.27 |
Environmental Review Appeals
Commission |
|
3745.02 |
Environmental Education Council |
|
3745.21 |
Forestry Advisory Council |
|
1503.40 |
Governor's Community Service Council |
|
121.40 |
Governor's Council on People with Disabilities |
|
3303.41 |
Hazardous Waste Facility Board |
|
3734.05 |
Health Care Quality Advisory Council |
|
4121.442 |
Health Data Advisory Committee |
|
3729.61 |
Hemophilia Advisory Council |
|
3701.145 |
Historic Site Preservation Advisory Board |
|
149.301 |
Home Health Agency Advisory Council |
|
3701.88 |
Hospital Advisory Committee and the Medical Advisory Committee of the
Joint Underwriting Association Board of Governors |
|
3929.76 |
Industrial Commission |
|
4121.02 |
Industrial Commission Nominating
Council |
|
4121.04 |
Industrial Technology and Enterprise Advisory
Council |
|
122.29 |
Insurance Agent Education Advisory Council |
|
3905.483 |
Interagency Recycling Market Development Workgroup |
|
1502.10 |
Joint Select Committee on Volume Cap |
|
133.021 |
Labor-Management Government Advisory
Council |
|
4121.70 |
Legal Rights Service Commission |
|
5123.60 |
Martha Kinney Cooper Ohioana Library Association Board of Trustees |
|
3375.62 |
Maternal and Child Health
Council |
|
3701.025 |
Medicaid Long-Term Care Reimbursement Study
Council |
|
5111.34 |
Medically Handicapped Children's Medical Advisory
Council |
|
3701.025 |
Milk Sanitation Board |
|
917.03 |
Mine Subsidence Insurance Governing Board |
|
3929.51 |
Multi-Agency Radio Communication Systems Steering Committee |
|
Sec. 21, H.B. 790, 120th GA |
Multidisciplinary Council |
|
3746.03 |
National Museum of Afro-American History and Culture Planning
Committee |
|
149.303 |
Ohio Advisory Council for the Aging |
|
173.03 |
Ohio Arts Council |
|
3379.02 |
Ohio Arts and Sports Facilities Commission |
|
3383.02 |
Ohio Benefit Systems Data Linkage Committee |
|
125.24 |
Ohio Bicentennial Commission |
|
149.32 |
Ohio Cemetery Dispute Resolution
Commission |
|
4767.05 |
Ohio Commission on Dispute Resolution and Conflict Management |
|
179.02 |
Ohio Educational Telecommunications Network Commission |
|
3353.02 |
Ohio Ethics Commission |
|
102.05 |
Ohio Expositions Commission |
|
991.02 |
Ohio Family and Children First Cabinet Council |
|
121.37 |
Ohio Geology Advisory Council |
|
1505.11 |
Ohio Grape Industries Committee |
|
924.51 |
Ohio Historical Society Board of Trustees |
|
149.30 |
Ohio Lake Erie
Commission |
|
1506.21 |
Ohio Medical Quality Foundation |
|
3701.89 |
Ohio Natural Areas Council |
|
1517.03 |
Ohio Parks and Recreation Council |
|
1541.40 |
Ohio Peace Officer Training Commission |
|
109.71 |
Ohio Public Defender Commission |
|
120.01 |
Ohio Quarter Horse Development
Commission |
|
3769.086 |
Ohio Scenic Rivers Advisory Councils |
|
1517.18 |
Ohio Small Government Capital Improvements Commission |
|
164.02 |
Ohio Soil and Water Conservation Commission |
|
1515.02 |
Ohio Standardbred Development
Commission |
|
3769.085 |
Ohio Steel Industry Advisory Council |
|
122.97 |
Ohio Teacher Education and
Licensure Advisory Council |
|
3319.28(D) |
Ohio Thoroughbred Racing Advisory Committee |
|
3769.084 |
Ohio Tuition Trust Authority |
|
3334.03 |
Ohio University College of Osteopathic Medicine Advisory
Committee |
|
3337.10 |
Ohio Vendors Representative
Committee |
|
3304.34 |
Ohio Veterans' Home Board of
Trustees |
|
5907.02 |
Ohio War Orphans Scholarship Board |
|
5910.02 |
Ohio Water Advisory Council |
|
1521.031 |
Oil and Gas Commission |
|
1509.35 |
Organized Crime Investigations Commission |
|
177.01 |
Parole Board |
|
5149.10 |
Pharmacy and Therapeutics Committee of the Dept. of Human Services |
|
5111.81 |
Physical Fitness and Sports Advisory Board |
|
3701.77 |
Power Siting Board |
|
4906.02 |
Private Water Systems Advisory Council |
|
3701.346 |
Public Employment Risk Reduction Advisory Commission |
|
4167.02 |
Public Utilities Commission Nominating Council |
|
4901.021 |
Reclamation Commission |
|
1513.05 |
Recreation and Resources Commission |
|
1501.04 |
Recycling and Litter Prevention Advisory Council |
|
1502.04 |
Rehabilitation Services Commission Consumer
Advisory Committee |
|
3304.24 |
Select Commission on Pyrotechnics |
|
Sec. 3, H.B. 508, 119th GA |
Services Committee of the Workers' Compensation System |
|
4121.06 |
Set Aside Review Board |
|
123.151(C)(4) |
Small Business Stationary Source Technical and Environmental Compliance
Assistance Council |
|
3704.19 |
Solid Waste Management Advisory Council |
|
3734.51 |
State Board of Deposit |
|
135.02 |
State Board of Library Examiners |
|
3375.47 |
State Council of Uniform State Laws |
|
105.21 |
State Committee for the Purchase of Products and Services of Persons
with
Severe Disabilities |
|
4115.32 |
State Criminal Sentencing Commission |
|
181.21 |
State Fire Commission |
|
3737.81 |
State and Local Government Commission of Ohio |
|
105.45 |
State Victims Assistance Advisory Committee |
|
109.91 |
Student Tuition Recovery Authority |
|
3332.081 |
Subcommittee of the State Board of Emergency Medical Services for
Firefighter and Fire Safety Inspector Training |
|
4765.55 |
Submerged Lands Advisory Council |
|
1506.37 |
Tax Credit Authority |
|
122.17 |
Technical Advisory Committee to assist the Director of the Ohio Coal
Development Office |
|
1551.35 |
Technical Advisory Council on Oil and Gas |
|
1509.38 |
Technology Advisory Committee (for Education) |
|
Sec. 45.01, H.B. 117, 121st GA |
Unemployment Compensation Review
Commission |
|
4141.06 |
Unemployment Compensation Advisory
Council |
|
4141.08 |
Utility Radiological Safety Board |
|
4937.02 |
Veterans Advisory Committee |
|
5902.02(K) |
Water and Sewer Commission |
|
1525.11(C) |
Waterways Safety Council |
|
1547.73 |
Welfare Oversight Council |
|
5101.93 |
Wildlife Council |
|
1531.03 |
Workers' Compensation System Oversight
Committee |
|
Sec. 10, H.B. 222, 118th GA |
Wright-Dunbar State Heritage Commission |
|
149.321 |
Section 132.10. That existing Section 27 of Sub. H.B. 670 of the 121st General Assembly, as amended by Sub. H.B. 548 of the 123rd General Assembly, is hereby repealed.
Section 132.11. That Section 5 of Am. Sub. S.B. 50 of the
121st
General
Assembly, as most recently amended by Am. Sub. H.B.
94 of
the 124th
General Assembly,
be amended to read as follows:
Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of
the 121st
General Assembly shall take effect
July 1,
2003 2005.
Section 132.12. That existing Section 5 of Am. Sub. S.B. 50 of
the
121st General
Assembly, as most recently amended by Am. Sub.
H.B.
94 of the 124th General
Assembly, is hereby repealed.
Section 132.13. Section 63.37 of Am. Sub. H.B. 94 of the 124th General Assembly, as amended by Am. Sub. H.B. 299 of the 124th General Assembly and Am. Sub. S.B. 261 of the 124th General Assembly is hereby repealed.
Section 132.14. Section 129 of Am. Sub. H.B. 283 of the 123rd General Assembly as amended by Am. Sub. H.B. 94 of the 124th General Assembly is hereby repealed.
Section 132.15. * That Section 3 of S.B. 238 of the 123rd General Assembly, which contains a repeal of sections 4779.01 to 4779.13, 4779.15 to 4779.33, and 4779.99 of the Revised Code, is hereby repealed. The intent of this section is to remove the limitation imposed by the repeal upon the continued existence of sections 4779.01 to 4779.13, 4779.15 to 4779.33, and 4779.99 of the Revised Code. This intent is not affected by the rule of statutory interpretation contained in section 1.57 of the Revised Code.
Section 132.16. That Section 11 of Am. Sub. S.B. 50 of the 121st General Assembly, as amended by Am. Sub. H.B. 405 of the 124th General Assembly, is hereby repealed.
Section 133. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND TO THE GENERAL REVENUE FUND
Notwithstanding section 183.02 of the Revised Code, on or before June 30, 2004, the Director of Budget and Management may transfer up to $242,800,000 to the General Revenue Fund from the Tobacco Master Settlement Agreement Fund (Fund 087), as provided in divisions (A) and (B) of this section:
(A) Up to $120,000,000 of the revenue that otherwise would be transferred from the Tobacco Master Settlement Agreement Fund to the Tobacco Use Prevention and Cessation Trust Fund (Fund H87) shall instead be transferred to the General Revenue Fund. Of the tobacco revenue that is credited to the Tobacco Master Settlement Agreement Fund in fiscal year 2004, the share that is determined pursuant to section 183.02 of the Revised Code to be the amount to be transferred by the Director of Budget and Management from the Tobacco Master Settlement Agreement Fund to the Tobacco Use Prevention and Cessation Trust Fund shall be reduced by the amount that is transferred from the Tobacco Master Settlement Agreement Fund to the General Revenue Fund in accordance with this division.
(B) Up to $122,800,000 of the revenue that otherwise would be transferred form the Tobacco Master Settlement Agreement Fund to the Education Facilities Trust Fund (Fund N87) shall instead be transferred to the General Revenue Fund. Of the tobacco revenue that is credited to the Tobacco Master Settlement Agreement Fund in fiscal year 2004, the share that is determined pursuant to section 183.02 of the Revised Code to be the amount to be transferred by the Director of Budget and Management from the Tobacco Master Settlement Agreement Fund to the Education Facilities Trust Fund shall be reduced by the amount that is transferred from the Tobacco Master Settlement Agreement Fund to the General Revenue Fund in accordance with this division.
Section 134. TEMPORARY ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS
(A) On or before the seventh day of each month of the period July 2003 through June 2005, the Tax Commissioner shall determine and certify to the Director of Budget and Management the amount to be credited, by tax, during that month to the Local Government Fund, to the Library and Local Government Support Fund, and to the Local Government Revenue Assistance Fund, respectively, pursuant to divisions (B), (C), and (D) of this section.
(B) Notwithstanding section 5727.84 of the Revised Code to the contrary, for the period July 1, 2003, through June 30, 2005, no amounts shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund from the kilowatt hour tax, and such amounts that would have otherwise been required to be credited to such funds shall instead be credited to the General Revenue Fund. Notwithstanding sections 5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary, for each month in the period July 1, 2003, through June 30, 2005, from the public utility excise, corporate franchise, sales, use, and personal income taxes collected;
(1) An amount shall first be credited to the Local Government Fund that equals the amount credited to that fund from that tax according to the schedule in division (C) of this section.
(2) An amount shall next be credited to the Local Government Revenue Assistance Fund that equals the amount credited to that fund from that tax according to the schedule in division (C) of this section.
(3) An amount shall next be credited to the Library and Local Government Support Fund that equals the amount credited to that fund from that tax according to the schedule in division (C) of this section. For purposes of determining the amount to be credited to the Library and Local Government Support Fund in each month of fiscal year 2004 pursuant to division (C) of this section, the amount credited in fiscal year 2003 shall be before the transfer made from the Library and Local Government Support Fund to the OPLIN Technology Fund under Section 70 of Am. Sub. H.B. 94 of the 124th General Assembly. For purposes of determining the amount to be credited to the Library and Local Government Support Fund in each month of fiscal year 2005 pursuant to division (C) of this section, the amount credited in fiscal year 2004 shall be before any transfer required to be made from the Library and Local Government Support Fund to the OPLIN Technology Fund.
(C) The amounts shall be credited from each tax to each respective fund as follows:
(1) In July 2003, one hundred two per cent of the amount credited in July 2002; in July 2004, one hundred two per cent of the amount credited in July 2003;
(2) In August 2003, one hundred two per cent of the amount credited in August 2002; in August 2004, one hundred two per cent of the amount credited in August 2003;
(3) In September 2003, one hundred two per cent of the amount credited in September 2002; in September 2004, one hundred two per cent of the amount credited in September 2003;
(4) In October 2003, one hundred two per cent of the amount credited in October 2002; in October 2004, one hundred two per cent of the amount credited in October 2003;
(5) In November 2003, one hundred two per cent of the amount credited in November 2002; in November 2004, one hundred two per cent of the amount credited in November 2003;
(6) In December 2003, one hundred two per cent of the amount credited in December 2002; in December 2004, one hundred two per cent of the amount credited in December 2003;
(7) In January 2004, one hundred two per cent of the amount credited in January 2003; in January 2005, one hundred two per cent of the amount credited in January 2004;
(8) In February 2004, one hundred two per cent of the amount credited in February 2003; in February 2005, one hundred two per cent of the amount credited in February 2004;
(9) In March 2004, one hundred two per cent of the amount credited in March 2003; in March 2005, one hundred two per cent of the amount credited in March 2004;
(10) In April 2004, one hundred two per cent of the amount credited in April 2003; in April 2005, one hundred two per cent of the amount credited in April 2004;
(11) In May 2004, one hundred two per cent of the amount in division (C)(11)(a) of this section; in May 2005, one hundred two per cent of the amount in division (C)(11)(b) of this section;
(a) The amount credited in May 2003, less any amount reduced pursuant to division (D)(4) of Section 140 of Am. Sub. H.B. 94 of the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the 124th General Assembly and as amended by Am. Sub. H.B. 390 of the 124th General Assembly;
(b) The amount credited in May 2004.
(12) In June 2004, one hundred two per cent of the amount in division (C)(12)(a) of this section, less any reduction required under division (D)(1) of this section; in June 2005, one hundred two per cent of the amount in division (C)(12)(b) of this section, less any reduction required under division (D)(2) of this section;
(a) The amount credited in June 2003 before any reduction made pursuant to division (D)(4) of Section 140 of Am. Sub. H.B. 94 of the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the 124th General Assembly and as amended by Am. Sub. H.B. 390 of the 124th General Assembly;
(b) The amount credited in June 2004.
(D) The Tax Commissioner shall do each of the following:
(1) By June 7, 2004, the commissioner shall subtract the amount calculated in division (D)(1)(b) of this section from the amount calculated in division (D)(1)(a) of this section. If the amount in division (D)(1)(a) of this section is greater than the amount in division (D)(1)(b) of this section, then such difference shall be subtracted from the total amount of income tax revenue credited to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund in June 2004. An amount shall be subtracted from income tax revenue credited to the Local Government Fund, the Local Government Revenue Assistance Fund, or the Library and Local Government Support Fund only if, and according to the proportion by which, such fund contributed to the result that the amount in division (D)(1)(a) of this section exceeds the amount in division (D)(1)(b) of this section.
(a) The sum of all money credited to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund from July 2003 through May 2004;
(b) The sum of all money that would have been credited to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund from July 2003 through May 2004, if sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code were in effect during this period.
(2) By June 7, 2005, the commissioner shall subtract the amount calculated in division (D)(2)(b) of this section from the amount calculated in division (D)(2)(a) of this section. If the amount in division (D)(2)(a) of this section is greater than the amount in division (D)(2)(b) of this section, then such difference shall be subtracted from the total amount of income tax revenue credited to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund in June 2005. An amount shall be subtracted from income tax revenue credited to the Local Government Fund, the Local Government Revenue Assistance Fund, or the Library and Local Government Support Fund only if, and according to the proportion by which, such fund contributed to the result that the amount in division (D)(2)(a) of this section exceeds the amount in division (D)(2)(b) of this section.
(a) The sum of all money credited to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund from June 2004 through May 2005;
(b) The sum of all money that would have been credited to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund from June 2004 through May 2005, if sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code were in effect during this period.
(3) On the advice of the Tax Commissioner, during any month other than June 2004 or June 2005 of the period July 1, 2003, through July 31, 2005, the Director of Budget and Management may reduce the amounts that are to be otherwise credited to the Local Government Fund, Local Government Revenue Assistance Fund, or Library and Local Government Support Fund in order to accomplish more effectively the purposes of the adjustments in divisions (D)(1) and (2) of this section. If the respective calculations made in June 2004 and June 2005 pursuant to divisions (D)(1) and (2) of this section indicate that excess reductions had been made during the previous months, such excess amounts shall be credited, as appropriate, to the Local Government Fund, Local Government Revenue Assistance Fund, and Library and Local Government Support Fund.
(E) Notwithstanding any other provision of law to the contrary, the total amount credited to each fund in each month during the period July 2003 through June 2005 shall be distributed by the tenth day of the immediately succeeding month in the following manner:
(1) Each county undivided local government fund shall receive a distribution from the Local Government Fund based on its proportionate share of the total amount received from the fund in such respective month for the period July 1, 2002, through June 30, 2003.
(2) Each municipality receiving a direct distribution from the Local Government Fund shall receive a distribution based on its proportionate share of the total amount received from the fund in such respective month for the period July 1, 2002, through June 30, 2003.
(3) Each county undivided local government revenue assistance fund shall receive a distribution from the Local Government Revenue Assistance Fund based on its proportionate share of the total amount received from the fund in such respective month for the period July 1, 2002, through June 30, 2003.
(4) Each county undivided library and local government support fund shall receive a distribution from the Library and Local Government Support Fund based on its proportionate share of the total amount received from the fund in such respective month for the period July 1, 2002, through June 30, 2003.
(F) For the 2003, 2004, and 2005 distribution years, the Tax Commissioner is not required to issue the certifications otherwise required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of the Revised Code, but shall provide to each county auditor by the twentieth day of July 2003, July 2004, and July 2005 an estimate of the amounts to be received by the county in the ensuing year from the Local Government Fund, Local Government Revenue Assistance Fund, and Library and Local Government Support Fund pursuant to this section and any pertinent section of the Revised Code. The Tax Commissioner may choose to report to each county auditor a revised estimate of the 2003, 2004, or 2005 distributions at any time during the period July 1, 2003, through July 31, 2005.
(G) If provisions of H.B. 40 of the 124th General Assembly are enacted that authorize reductions in the amounts credited to the Local Government Fund, Local Government Revenue Assistance Fund, and Library and Local Government Support Fund during fiscal year 2003, the fiscal year 2003 amounts used in determining the amounts credited to such funds during fiscal year 2004 pursuant to division (C) of this section shall be before any such reductions.
(H) During the period July 1, 2003, through July 31, 2005, the Director of Budget and Management shall issue those directives to state agencies that are necessary to ensure that the appropriate amounts are distributed to the Local Government Fund, to the Local Government Revenue Assistance Fund, and to the Library and Local Government Support Fund.
Section 135. TRANSFER TO THE BUDGET STABILIZATION FUND
On or before June 30, 2005, the Director of Budget and Management shall transfer $100,000,000 from the General Revenue Fund to the Budget Stabilization Fund (Fund 013).
Section 136. * BOND MONEY APPROPRIATION TO SFC
All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the School Building Program Assistance Fund (Fund 032), created under section 3318.25 of the Revised Code, derived from the proceeds of obligations heretofore and herein authorized to pay the cost of facilities for a system of common schools throughout the state for the period beginning July 1, 2002, and ending June 30, 2004. The appropriation shall be in addition to any other appropriation for this purpose.
SFC SCHOOL FACILITIES COMMISSION
CAP-770 |
|
School Building Program Assistance |
|
$ |
122,800,000 |
Total School Facilities Commission |
|
$ |
122,800,000 |
TOTAL School Building Program Assistance Fund |
|
$ |
122,800,000 |
* SCHOOL BUILDING PROGRAM ASSISTANCE
The foregoing appropriation item CAP-770, School Building Program Assistance, shall be used by the School Facilities Commission to provide funding to school districts that receive conditional approval from the Commission pursuant to Chapter 3318. of the Revised Code. Expenditures from appropriations contained in this section may be accounted for as though made for the fiscal year 2003-2004 biennium in H.B. 675 of the 124th General Assembly. The School Facilities Commission shall not commit any of the appropriations made in this section until after April 1, 2004.
* BOND ISSUANCE AUTHORITY
The Ohio Public Facilities Commission is hereby authorized to issue and sell, in accordance with the provisions of Section 2n of Article VIII, Ohio Constitution, and Chapter 151. and particularly sections 151.01 and 151.03 of the Revised Code, original obligations in an aggregate principal amount not to exceed $123,000,000, in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. The authorized obligations shall be issued, subject to applicable constitutional and statutory limitations, to pay the costs to the state of previously authorized capital facilities and the capital facilities authorized in this section for the School Building Program Assistance Fund pursuant to Chapter 3318. of the Revised Code.
Section 137. OHIO TECHNOLOGY INTEGRATION TASK FORCE
(A) There is hereby created the Ohio Technology Integration Task Force. The Task Force shall consist of the Superintendent of Public Instruction or the Superintendent's designee, the Director of Budget and Management or the Director's designee, the Director of Administrative Services or the Director's designee, the Executive Director of the Ohio Educational Telecommunications Network Commission or the Executive Director's designee, and the Chairperson of the Public Utilities Commission of Ohio or the Chairperson's designee. The Superintendent of Public Instruction or the individual designated by the Superintendent to serve on the Task Force shall serve as chairperson of the Task Force. The chairperson of the Task Force shall call to order the first meeting of the Task Force not later than July 31, 2003.
The Task Force shall develop a plan to integrate technology into all of the state's primary and secondary classrooms that enhances instruction and educational outcomes. The plan shall include a budget proposal for the fiscal year that begins July 1, 2004, for provision by the Department of Education of the technology-related services that formerly were provided by the Ohio SchoolNet Commission, which are scheduled to be transferred to the Department of Education on July 1, 2004, under division (B) of this section. The plan shall describe which assets, duties and authorities, services, and employee positions the Task Force recommends transferring to the Department and which assets, duties and authorities, services, and employee positions the task force recommends eliminating. In developing the plan, the Task Force shall give consideration to economies of scale anticipated by the transfer and may confer with and seek the advice of those persons who are stakeholders in the implementation of technology in the state's primary and secondary classrooms.
Not later than March 31, 2004, the Task Force shall present its recommendations to the Controlling Board for the Board's approval. Upon the Board's approval of the Task Force's plan, the Task Force shall cease to exist.
(B) Effective July 1, 2004, the Ohio SchoolNet Commission is abolished and, subject to the plan to integrate technology into all of the state's primary and secondary classrooms proposed by the Ohio Technology Integration Task Force and approved by the Controlling Board under division (A) of this section, its functions, assets, and liabilities, including but not limited to vehicles and equipment assigned to employees of the Commission and records of the Commission regardless of form or medium, are transferred to the Department of Education. The Department of Education is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of the Ohio SchoolNet Commission. The functions of the Executive Director of the Commission are thereupon and thereafter transferred to the Superintendent of Public Instruction.
Any business commenced but not completed by the Ohio SchoolNet Commission or the Executive Director of the Commission on July 1, 2004, shall be completed by the Department of Education or the Superintendent of Public Instruction, respectively, in the same manner, and with the same effect, as if completed by the Ohio SchoolNet Commission or the Executive Director of the Commission. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required under this section and shall be administered by the Department of Education. All of the Ohio SchoolNet Commission's rules, orders, and determinations continue in effect as rules, orders, and determinations of the Department of Education, until modified or rescinded by the Department. If necessary to ensure the integrity of the Administrative Code, the Director of the Legislative Service Commission shall renumber the Ohio SchoolNet Commission's rules to reflect their transfer to the Department of Education.
(C) Employees of Ohio SchoolNet Commission shall be transferred to the Department of Education or dismissed in accordance with the plan proposed by the Ohio Technology Integration Task Force and approved by the Controlling Board under division (A) of this section. Subject to lay-off provisions of sections 124.321 to 124.328 of the Revised Code, those employees of the Ohio SchoolNet Commission so transferred to the Department of Education retain their positions and all of the benefits accruing thereto. Employees of the Ohio SchoolNet Commission so dismissed cease to hold their positions of employment on July 1, 2004.
Ohio SchoolNet Commission employees transferred under provisions of this section shall remain in the unclassified service of the state.
The reassignment of the functions and duties of Ohio SchoolNet Commission employees under this section is not a subject appropriate for collective bargaining under Chapter 4117. of the Revised Code. All positions of any Ohio SchoolNet Commission employees transferred to the Department of Education under this section shall not be subject to Chapter 4117. of the Revised Code in the same manner as when those positions were under the authority of the Ohio SchoolNet Commission.
(D) No judicial or administrative action or proceeding in which the Ohio SchoolNet Commission or the Executive Director of the Commission is a party that is pending on July 1, 2004, is affected by the transfer of functions under division (B) of this section. Such action or proceeding shall be prosecuted or defended in the name of the Superintendent of Public Instruction. On application to the court or other tribunal, the Superintendent of Public Instruction shall be substituted for the Executive Director of the Commission as a party to such action or proceeding.
(E) On and after July 1, 2004, when the Ohio SchoolNet Commission or the Executive Director of the Ohio SchoolNet Commission is referred to in any statute, rule, contract, grant, or other document, the reference is hereby deemed to refer to the Department of Education or Superintendent of Public Instruction, respectively.
(F) Effective July 1, 2004, the functions that the Ohio SchoolNet Commission performs under a grant agreement with the United States Department of Education are assigned to the Ohio Department of Education, subject to ratification by the department.
Section 138. (A) As used in this section, "nursing facility" means a facility, or a distinct part of a facility, that is certified as a nursing facility by the Director of Health for purposes of the Medicaid Program and is not an intermediate care facility for the mentally retarded. "Nursing facility" includes a facility, or a distinct part of a facility, that is certified as a skilled nursing facility by the Director of Health for purposes of the Medicare Program.
(B) The Director of Health shall request from the Secretary of the United States Department of Health and Human Services approval to develop an alternative regulatory procedure for nursing facilities subject to federal regulation. If the Secretary gives approval, the Director shall convene the Nursing Facility Regulatory Reform Task Force.
(C) The Director of Health shall serve as chair of the Task Force. The Director of Aging, the Director of Job and Family Services, the State Long-Term Care Ombudsman, or persons they designate and a member of the Governor's staff designated by the Governor shall serve on the Task Force. The Director of Health shall appoint the following individuals to serve on the Task Force:
(1) Two representatives of the Ohio Health Care Association;
(2) Two representatives of the Association of Ohio Philanthropic Homes and Housing for the Aging;
(3) Two representatives of the Ohio Academy of Nursing Homes;
(4) Two representatives of the American Association of Retired Persons (AARP);
(5) Two representatives of Families for Improved Care;
(6) A representative from the Ohio Association of Regional Long-Term Care Ombudsman Programs;
(7) A representative of the 1199 League of Registered Nurses;
(8) A representative of the American Federation of State, County, and Municipal Employees.
(D) Except to the extent that service on the task force is part of their employment, Task Force members shall serve without compensation and shall not be reimbursed by the State for expenses incurred in carrying out their duties on the Task Force. The Scripps Gerontology Center at Miami University shall provide technical and support services for the Task Force.
(E) The Task Force shall do all of the following:
(1) Review the effectiveness of current regulatory procedures for nursing facilities regarding the quality of care and quality of life of nursing facility residents;
(2) Develop recommendations for improved regulatory procedures for nursing facilities to improve the quality of care and quality of life of nursing facility residents;
(3) Evaluate potential effects on nursing facility residents of elimination of components of the Certificate of Need program pertaining to long-term care facilities;
(4) Develop possible demonstration projects to present the potential of proposed changes to the regulatory procedure to increase the quality of care and the quality of life of nursing facility residents.
(F) The Task Force shall submit a report of its findings and recommendations to the Speaker and Minority Leader of the House of Representatives and to the President and Minority Leader of the Senate. The report shall explain any changes to the Revised Code required to implement the recommendations. On submission of the recommendations, the Task Force shall cease to exist.
(G) At the request of the General Assembly by adoption of a joint resolution, the Director of Health shall apply to the Secretary of the United States Department of Health and Human Services for a waiver to implement the recommendations of the Task Force.
Section 139.01. In amending sections 121.084, 4104.41, 4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section 4104.46 and section 4104.47, and in repealing and re-enacting sections 4104.42 and 4104.43 of the Revised Code, it is the intent of the General Assembly that the provisions of this act are general laws created in the exercise of the state's police power, arising out of matters of statewide concern, and are designed for the health, safety, and welfare of contractors, their employees, and the public.
Section 139.02. In amending sections 121.084, 4104.41, 4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section 4104.46 and section 4104.47, and in repealing and re-enacting sections 4104.42 and 4104.43 of the Revised Code, it is the intent of the General Assembly that power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, and other gaseous piping systems will continue to be inspected as part of the building permit process, enforcement of plumbing and mechanical building codes, and occupancy certification. The purpose of this legislative action is solely to eliminate duplicative inspection personnel and fees.
Section 140. DISABILITY ASSISTANCE TRANSITION
(A) Subject to the provisions of Chapter 5115. of the Revised Code, as amended, enacted, and repealed by this act, the Disability Financial Assistance Program constitutes a continuation of the financial assistance component of the Disability Assistance Program established under Chapter 5115. of the Revised Code, as it existed prior to the effective date of this section, and the Disability Medical Assistance Program constitutes a continuation of the medical assistance component of the Disability Assistance Program.
Any business commenced but not completed on behalf of the Disability Assistance Program shall be completed in the same manner, and with the same effect, on behalf of the Disability Financial Assistance Program and the Disability Medical Assistance Program.
Except as provided in division (B) and (C) of this section, all rules, orders, and determinations regarding the Disability Assistance Program continue in effect as rules, orders, and determinations regarding the Disability Financial Assistance Program and the Disability Medical Assistance Program, until modified or rescinded.
Wherever the Disability Assistance Program is referred to in any law, contract, or other document, the reference shall be deemed to refer to the Disability Assistance Program or the Disability Medical Assistance Program, whichever is appropriate.
(B) Notwithstanding any determination through administrative or judicial order or otherwise, a person who was receiving financial assistance under the Disability Assistance Program prior to the effective date of this section ceases to be eligible for continued financial assistance under the Disability Financial Assistance Program on the effective date of this section, unless one of the following is the case:
(1) The person was receiving the assistance on the basis of being age 60 or older or on the basis of being unable to do any substantial or gainful activity by reason or a medically determinable physical or mental impairment that can be expected to result in death or has lasted or can be expected to last for not less than nine months.
(2) The person was receiving the assistance by meeting other eligibility requirements but applies for Disability Financial Assistance pursuant to section 5115.05 of the Revised Code, as amended by this act, and receives a determination of eligibility by meeting the requirements specified in section 5115.01 of the Revised Code, as amended by this act.
(C)
Notwithstanding the provisions of section 5115.10 of the Revised Code, as amended by this act, that limit eligibility for disability medical assistance to persons determined to be medication dependent, both of the following apply:
(1) The Director of Job and Family Services may adopt rules in accordance with section 111.15 of the Revised Code providing for and governing temporary provision of disability medical assistance to persons who were recipients of medical assistance under the Disability Assistance Program prior to the effective date of this section.
(2) A person's eligibility for disability medical assistance may continue pursuant to the rules adopted under division (C)(1) of this section until the state or county department of job and family services conducts a redetermination of the person's eligibility in accordance with the requirement that recipients be medication dependent, unless the person otherwise becomes ineligible for disability medical assistance.
Section 140.01. * Notwithstanding sections 5101.60 to 5101.70 of the Revised Code, as amended or enacted by this act, cases referred to a county department of job and family services under section 5126.31 and investigations by the department of reports provided for in section 5101.61 of the Revised Code that were initiated before the effective date of this section shall be completed in accordance with the law as it existed on the date the referrals or reports were made. The county department of job and family services may provide necessary protective services in those cases if funding is locally available.
Section 141. (A) As used in this section, "family support services," "home and community-based services," "service and support administration," and "supported living" have the same meaning as in section 5126.01 of the Revised Code.
(B) If one or more new beds obtain certification as an intermediate care facility for the mentally retarded bed on or after the effective date of this section, the Director of Mental Retardation and Developmental Disabilities shall transfer funds to the Department of Job and Family Services to pay the nonfederal share of the cost under the Medicaid Program for those beds. The Director shall use only the following funds for the transfer:
(1) If the beds are located in a county served by a county board of mental retardation and developmental disabilities that does not initiate or support the beds' certification, funds appropriated to the Department of Mental Retardation and Developmental Disabilities for home and community-based services and supported living for which the Director is authorized to make allocations to county boards;
(2) If the beds are located in a county served by a county board that initiates or supports the beds' certification, funds appropriated to the Department for family support services, service and support administration, and other services for which the Director is authorized to make allocations to counties.
(C) The funds that the Director transfers under division (B)(2) of this section shall be funds that the Director has allocated to the county board serving the county in which the beds are located unless the amount of the allocation is insufficient to pay the entire nonfederal share of the cost under the Medicaid Program for those beds. If the allocation is insufficient, the Director shall use as much of such funds allocated to other counties as is needed to make up the difference.
Section 142.01. (A) As used in this section, "change of operator," "entering operator," "exiting operator," "nursing facility," "provider," and "provider agreement" have the same meaning as in section 5111.20 of the Revised Code.
(B) Notwithstanding Chapter 5111. of the Revised Code or any other state law to the contrary, the Medicaid reimbursement rate for nursing facility services provided to a Medicaid recipient during the period beginning July 1, 2003, and ending June 30, 2005, shall be as follows:
(1) If the provider has a valid provider agreement regarding the nursing facility on June 30, 2003, the provider's rate for the nursing facility shall be the same as the provider's rate for the nursing facility in effect on June 30, 2003;
(2) If the nursing facility undergoes a change of operator after June 30, 2003, the entering operator's rate for the nursing facility shall be the same as the exiting operator's rate for the nursing facility that is in effect on the day before the effective date of the entering operator's provider agreement;
(3) If the nursing facility both obtains initial certification as a nursing facility from the director of health and begins participation in the Medicaid program after June 30, 2003, the provider's rate for the nursing facility shall be the median of all rates paid to nursing facilities on June 30, 2003;
(4) If one or more Medicaid certified beds are added to the nursing facility after June 30, 2003, the provider's rate for the added beds shall be the same as the provider's rate for the Medicaid certified beds that are in the nursing facility on the day before the new beds are added.
(C) To calculate overpayments, the Department of Job and Family Services shall apply an audit adjustment to a cost report that covers a period ending December 31, 2001, to the rate the Department pays a provider of nursing facility services provided to a Medicaid recipient during the period beginning July 1, 2002, and ending June 30, 2005.
Section 142.02. (A) As used in this section, "change of operator," "entering operator," "exiting operator," "intermediate care facility for the mentally retarded," "provider," and "provider agreement" have the same meaning as in section 5111.20 of the Revised Code.
(B) Notwithstanding Chapter 5111. of the Revised Code or any other state law to the contrary, the Medicaid reimbursement rate for intermediate care facility services for the mentally retarded provided to a Medicaid recipient during the period beginning July 1, 2003, and ending June 30, 2005, shall be as follows:
(1) If the provider has a valid provider agreement regarding the intermediate care facility for the mentally retarded on June 30, 2003, the provider's rate for the facility shall be the same as the provider's rate for the facility in effect on June 30, 2003;
(2) If the intermediate care facility for the mentally retarded undergoes a change of operator after June 30, 2003, the entering operator's rate for the facility shall be the same as the exiting operator's rate for the facility that is in effect on the day before the effective date of the entering operator's provider agreement;
(3) If the intermediate care facility for the mentally retarded both obtains initial certification as an intermediate care facility for the mentally retarded from the director of health and begins participation in the Medicaid program after June 30, 2003, the provider's rate for the facility shall be the median of all rates paid to intermediate care facilities for the mentally retarded on June 30, 2003;
(4) If one or more Medicaid certified beds are added to the intermediate care facility for the mentally retarded after June 30, 2003, the provider's rate for the added beds shall be the same as the provider's rate for the Medicaid certified beds that are in facility on the day before the new beds are added.
(C) To calculate overpayments, the Department of Job and Family Services shall apply an audit adjustment to a cost report that covers a period ending December 31, 2001, to the rate the Department pays a provider of intermediate care facility services for the mentally retarded provided to a Medicaid recipient during the period beginning July 1, 2002, and ending June 30, 2005.
Section 143. If the Department of Job and Family Services enters into a contract with the Department of Mental Retardation and Developmental Disabilities under section 5111.91 of the Revised Code as directed by section 5111.882 of the Revised Code, the Director of Budget and Management shall transfer an amount equal to the sum of the following from appropriation item 600-525, Health Care/Medicaid, to a new appropriation item that the Director of Budget and Management shall create for the Department of Mental Retardation and Developmental Disabilities:
(A) The amount that the Department of Job and Family Services estimates it would spend, for the number of days remaining in fiscal years 2004 and 2005 after the day the waiver requested under division (B)(1) of section 5111.88 of the Revised Code begins to be implemented, under Medicaid for intermediate care facility for the mentally retarded services for individuals approved for services under the waiver requested under division (B)(1) of section 5111.88 of the Revised Code if the individuals continued to receive intermediate care facility for the mentally retarded services instead;
(B) The amount the Department of Mental Retardation and Developmental Disabilities needs to pay the federal share of the first month's payments to providers of services under the waiver requested under division (B)(1) of section 5111.88 of the Revised Code.
Section 144.01. (A) The amendment or enactment by this act of sections 5733.01, 5733.04, 5733.042, 5733.044, 5733.05, 5733.051, 5733.056, 5733.057, 5733.059, 5733.06, 5733.065, 5733.066, 5733.069, 5733.09, and 5733.40 of the Revised Code applies to taxable years ending on or after the date this act becomes law.
(B) The repeal and re-enactment by this act of section 5733.052 of the Revised Code applies to taxable years ending on or after the date this act becomes law.
Section 144.02. The amendment by this act of sections 319.302, 323.152, 5727.06, and 5727.15 of the Revised Code applies to tax years 2003 and thereafter.
Section 144.03. The amendment, repeal and re-enactment, or enactment by this act of sections 718.11, 718.111, 718.112, 718.12, 5717.011, and 5717.03 of the Revised Code apply to matters relating to taxable years beginning on or after January 1, 2003.
Section 144.04. The amendment by this act of division (E) of section 718.01 of the Revised Code applies to taxable years beginning on or after January 1, 2004.
Section 144.05. The amendment by this act of sections 5711.02, 5711.13, and 5711.27 of the Revised Code applies to tax years 2004 and thereafter.
Section 144.06. (A) The amendment by this act of section 5725.26 of the Revised Code first applies to dealers in intangibles for the 2004 return year, and the amendment of sections 5733.05 and 5733.09 of the Revised Code first applies to dealers in intangibles for tax year 2004.
(B) For purposes of determining the tax charged by section 5733.06 of the Revised Code on a dealer in intangibles whose annual accounting period that includes January 1, 2004, commences on or before the day this act becomes law, the following apply:
(1) For tax year 2004, the dealer's taxable year is the period beginning on the first day of the dealer's annual accounting period that includes January 1, 2004, and ending December 31, 2003.
(2) For tax year 2005, the dealer's taxable year begins January 1, 2004, and ends on the date prescribed by division (A) of section 5733.031 of the Revised Code.
Section 144.07. The annual excise tax imposed by divisions (D) and (F) of section 5727.30 of the Revised Code, as amended by this act, for the period of May 1, 2003, to June 30, 2003, is for a separate privilege year under division (A) of that section, with a shortened measurement period. A pipe-line or water transportation company's tax for that period shall be reported and paid, or, if applicable, refunded, with the statement it files for the May 1, 2002, through April 30, 2003, measurement period.
Section 144.08. For tax year 2004, a corporation with a taxable year ending prior to the effective date of the amendment by this act of sections 5733.06, 5733.065, and 5733.066 of the Revised Code shall compute the tax imposed by those sections in the same manner as the tax was imposed under those sections as they applied to tax year 2003.
Section 144.09. The amendment by this act of section 5733.33 of the Revised Code applies for taxable years ending on or after the day this act becomes law, and applies for the purpose of determining any credit available for those taxable years under division (C)(4) or (D) of section 5733.33 or division (B) of section 5747.31 of the Revised Code.
The intent of the amendment of section 5733.33 of the Revised Code by this act is not to effect a substantive change, but merely to clarify and eliminate any ambiguity in the version of that section as it existed before its amendment by this act. This intent shall be considered to the extent permitted by law in construing the prior version. Consistent with that intent, that section as amended by this act applies not only to manufacturing machinery and equipment purchased on or after the day this act becomes law, but also in determining the one-seventh credit amounts for manufacturing machinery and equipment purchased before that day. For any taxable year ending on or after the day this act becomes law, no credit shall be allowed under division (C)(4) or (D) of section 5733.33 or division (B) of section 5747.31 of the Revised Code, even for manufacturing machinery and equipment purchased before that day, except to the extent that the credit is allowed under the requirements of section 5733.33 of the Revised Code as amended by this act.
Section 144.10. For tax year 2004, a corporation with a taxable year ending prior to the effective date of the amendment by this act of division (B) of section 5733.39 of the Revised Code shall be entitled to claim the coal credit in the same manner as the credit was allowed under that section as it existed prior to its amendment by this act.
Section 144.11. (A) As used in this section, "net additional tax"
means the net additional amount of tax due on all packages of Ohio
stamped cigarettes and on all unaffixed Ohio cigarette tax stamps
that a wholesale or retail dealer has on hand as of the beginning
of business on July 1, 2003, or the day on which this act becomes law, whichever is later,
as a result of the amendment of
section 5743.02 of the Revised
Code by this act.
(B) The amendment by this act of sections 5743.02 and 5743.32 of the Revised Code takes effect
July 1, 2003, or the day on which this act becomes law, whichever is later.
(C) In addition to the return required by section
5743.03 of
the
Revised Code, each wholesale dealer and each retail
dealer
shall
make and file a return on forms
prescribed by the Tax
Commissioner, showing the net additional tax due
and any other
information that the
Tax Commissioner considers
necessary for the
administration of
sections 5743.01 to 5743.20 of
the Revised Code.
Not later than September 30, 2003, each wholesale
dealer and
each
retail dealer shall deliver the return to the
Tax Commissioner,
together
with a
remittance of the
net additional tax. Any wholesale or retail dealer
who fails to file a
return or remit the net additional tax as prescribed by this
section shall forfeit and
pay into the
state
treasury, as revenue
arising from the
tax
imposed by section 5743.02 of the Revised Code, a late charge
equal to the greater of
fifty dollars or ten per cent of the tax
due. If the net additional tax or any portion of the net additional tax, whether determined by the Tax Commissioner or the wholesale or retail dealer, is not paid on or before the date prescribed by this section, interest shall be collected and paid in the same manner as the net additional tax upon the unpaid amount, computed at the rate per annum prescribed by section 5703.47 of the Revised Code, from the date prescribed for payment of the net additional tax to the date of payment or to the date an assessment is issued under section 5743.081 or 5743.082 of the Revised Code, whichever occurs first. Any unpaid or
unreported tax
liability, late charge, or interest levied
by
this section may
be
collected by assessment in the manner
provided
in section
5743.081 or 5743.082
of the Revised Code.
(D) Interest shall be allowed and paid upon any refund granted in respect to the payment of an illegal or erroneous assessment for any net additional tax imposed under this section from the date of the overpayment. The interest shall be computed at the rate per annum prescribed by section 5703.47 of the Revised Code.
Section 144.12. (A) As used in this section, "housing officer" has the same meaning as in section 3735.65 of the Revised Code.
(B) Any complaint filed with the tax commissioner on or after the effective date of this section challenging the continued exemption of property granted an exemption by a housing officer under section 3735.67 of the Revised Code shall be certified by the tax commissioner to the housing officer. The housing officer shall proceed to hear and determine such complaint in accordance with division (E) of section 3735.67 of the Revised Code. The commissioner may hear and determine any such complaint filed with the commissioner before the effective date of this section or may certify such complaint to the housing officer for hearing and determination.
(C) The filing date of any complaint certified to a housing officer under this section shall be considered to be the date on which the complaint was filed with the tax commissioner.
Section 144.13. (A) For the purposes of sections 321.24 and 5703.80 of the Revised Code as amended or enacted by this act, the Tax Commissioner may determine the property tax administrative fee for fiscal year 2004 at any time after the day this act becomes law. One-half of the amount of the fee for that year may be deducted from each of the payments made in the fiscal year under division (F) of section 321.24 of the Revised Code, or the full amount of the fee for the year may be deducted from the second of those payments made in the fiscal year. The Director of Budget and Management may transfer the fee from the General Revenue Fund to the Property Tax Administration Fund for fiscal year 2004 in three equal payments on November 1, 2003, February 1, 2004, and May 1, 2004.
(B) Within thirty days after the Tax Commissioner determines the property tax administrative fee for fiscal year 2004 under division (A) of this section, the Tax Commissioner shall notify the Department of Education of the amount by which each school district's reimbursement made under division (F) of section 321.24 of the Revised Code, as amended by this act, is to be reduced for the Property Tax Administration Fund created under section 5703.80 of the Revised Code, as enacted by this act.
Section 145.01. * The Hemophilia Advisory Council established under section 3701.145 of the Revised Code, renumbered as section 3701.0210 of the Revised Code by this act, is hereby abolished.
Section 145.02. * On the effective date of this section, the Reclamation Commission is abolished and all of its functions and assets, liabilities, equipment, and records, irrespective of form or medium, are transferred to the Environmental Review Appeals Commission, as provided in Section 1 of this act. The Environmental Review Appeals Commission is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of the Reclamation Commission.
Any business commenced, but not completed by, the Reclamation Commission on the effective date of this section shall be completed by the Environmental Review Appeals Commission. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required by this section, but shall be administered by the Environmental Review Appeals Commission. All of the Reclamation Commission's rules, orders, and determinations continue in effect as rules, orders, and determinations of the Environmental Review Appeals Commission until modified or rescinded by the Environmental Review Appeals Commission.
Whenever the Reclamation Commission is referred to in any law, contract, or other document, the reference shall be deemed to refer to the Environmental Review Appeals Commission.
No action or proceeding pending on the effective date of this section is affected by the transfer, and such an action or proceeding shall be prosecuted or defended in the name of the Environmental Review Appeals Commission. In all such actions and proceedings, the Environmental Review Appeals Commission shall be substituted as a party upon application by the receiving entity to the court or other appropriate tribunal.
Section 145.03. * Upon the taking effect of this section, the Hazardous Waste Facility Board is abolished.
All of the rules adopted by the Hazardous Waste Facility Board are abolished on that date. The Director of the Legislative Service Commission shall remove the rules from the Administrative Code as if they had been rescinded.
On and after the effective date of this section and until the Director of Environmental Protection adopts rules that eliminate references to the Hazardous Waste Facility Board, whenever the Hazardous Waste Facility Board or Board, when "Board" refers to the Hazardous Waste Facility Board, is referred to in a rule, the reference shall be deemed to refer to the Environmental Protection Agency or the Director of Environmental Protection, whichever is appropriate. As expeditiously as possible after the effective date of this section, the Director of Environmental Protection shall adopt rules eliminating references to the Hazardous Waste Facility Board.
Permits or modifications issued by the Hazardous Waste Facility Board under section 3734.05 of the Revised Code as that section existed prior to its amendment by this act shall continue in effect as if the Director had issued the permits or modifications under section 3734.05 of the Revised Code after the effective date of its amendment by this act. Any application pending before the Hazardous Waste Facility Board on the effective date of this section shall be transferred to the Environmental Protection Agency for approval or disapproval by the Director. All records, files, and other documents of the Hazardous Waste Facility Board shall be transferred to the Environmental Protection Agency.
Section 146.01. Except as otherwise specifically provided in this act, the codified sections of law amended or enacted in this act, and the items of law of which the codified sections of law amended or enacted in this act are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the codified sections of law amended or enacted by this act, and the items of law of which the codified sections of law as amended or enacted by this act are composed, take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such codified section of law as amended or enacted by this act, or against any item of law of which any such codified section of law as amended or enacted by this act is composed, the codified section of law as amended or enacted, or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 146.02. Except as otherwise specifically provided in this act, the repeal by this act of a codified section of law is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the repeal by this act of a codified section of law takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such repeal, the repeal, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 146.03. (A) The repeal by this act of sections 319.311, 718.11, 718.12, 5502.49, 5709.231, 5709.30, 5709.31, 5709.32, 5709.33, 5709.34, 5709.35, 5709.36, 5709.37, 5709.45, 5709.46, 5709.47, 5709.48, 5709.49, 5709.50, 5709.51, 5709.52, 5709.64, 5709.65, 5709.66, 5733.052, 5733.055, 5733.061, 5733.064, 5733.068, 5733.111, 5733.32, 5733.36, 5733.38, 5733.43, 5733.44, 5735.33, 5739.012, 5739.35, 5741.011, 5741.24, 5743.45, 5743.46, 5747.051, 5747.131, 5747.28, 5747.34, 5747.36, 5747.38, 5747.60, 6111.31, 6111.311, 6111.32, 6111.34, 6111.35, 6111.36, 6111.37, 6111.38, and 6111.39 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeals, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
(B) The repeal by this act of sections 5727.39 and 5727.44 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeals, and the items of which they are composed, are not subject to the referendum and go into effect December 31, 2004.
Section 146.04. Except as otherwise provided in this act, the repeal by this act of sections 122.12, 179.01, 179.02, 179.03, 179.04, 1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, 1553.08, 1553.09, 1553.10, 1553.99, 3301.31, 3301.581, 3302.041, 3701.142, 3701.144, 4141.044, 5101.213, 5111.173, 5111.221, 5111.23, 5111.235, 5111.24, 5111.241, 5111.251, 5111.255, 5111.257, 5111.261, 5111.262, 5111.264, 5111.27, 5111.291, 5111.34, 5115.011, 5115.012, 5115.06, and 5115.061 of the Revised Code is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the repeals go into immediate effect when this act becomes law.
Section 146.05. The repeal by this act of section 5111.34 of the Revised Code shall take effect July 1, 2005.
Section 146.06. Sections 117.45, 119.035, 121.04, 122.658, 124.03, 126.11, 127.16, 131.23, 163.06, 173.08, 173.20, 173.21, 173.55, 173.57, 307.202, 307.86, 307.98, 307.981, 307.987, 323.01, 329.03, 329.04, 329.05, 329.051, 329.06, 340.03, 505.69, 717.01, 901.21, 1501.04, 2101.16, 2151.3529, 2151.3530, 2305.234, 2329.66, 2715.041, 2715.045, 2716.13, 2921.13, 3111.04, 3119.01, 3123.952, 3125.12, 3125.25, 3301.31, new 3301.33, 3301.33 (3301.40), 3301.34, 3301.35, 3301.36, 3301.37, 3301.52, 3301.53, 3301.54, 3301.55, 3301.57, 3301.58, 3313.979, 3314.083, 3316.08, 3317.012, 3317.013, 3317.0213, 3317.0217, 3317.022, 3317.023, 3317.024, 3317.029, 3317.03, 3317.032, 3317.05, 3317.064, 3317.07, 3317.10, 3317.11, 3317.16, 3323.16, 3332.04, 3517.092, 3701.021, 3701.022, 3701.029, 3701.141, 3701.145 (3701.0210), 3702.31, 3702.63, 3702.68, 3702.74, 3705.24, 3709.09, 3711.021, 3721.02, 3721.19, 3721.56, 3721.561, 3722.16, 3733.43, 3733.45, 3734.28, 3734.57, 3745.40, 3747.16, 3748.07, 3748.13, 3773.43, 3781.19, 4104.01, 4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4105.17, 4112.15, 4115.03, 4115.17, 4115.18, 4115.19, 4115.20, 4117.10, 4117.14, 4123.27, 4141.09, 4511.75, 4723.06, 4723.08, 4723.082, 4725.44, 4725.45, 4725.48, 4725.50, 4725.51, 4725.52, 4725.57, 4731.65, 4731.71, 4736.12, 4747.05, 4747.06, 4747.07, 4747.10, 4771.22, 4903.24, 4905.91, 4919.79, 4981.01 (5507.01), 4981.03 (5507.03), 4981.031 (5507.031), 4981.032 (5507.032), 4981.033 (5507.033), 4981.04 (5507.04), 4981.05 (5507.05), 4981.06 (5507.06), 4981.07 (5507.07), 4981.08 (5507.08), 4981.09 (5507.09), 4981.091 (5507.091), 4981.10 (5507.10), 4981.11 (5507.11), 4981.12 (5507.12), 4981.13 (5507.13), 4981.131 (5507.131), 4981.14 (5507.14), 4981.15 (5507.15), 4981.16 (5507.16), 4981.17 (5507.17), 4981.18 (5507.18), 4981.19 (5507.19), 4981.21 (5507.21), 4981.22 (5507.22), 4981.23 (5507.23), 4981.25 (5507.25), 4981.26 (5507.26), 4981.28 (5507.28), 4981.29 (5507.29), 4981.30 (5507.30), 4981.31 (5507.31), 4981.32 (5507.32), 4981.33 (5507.33), 4981.34 (5507.34), 4981.35 (5507.35), 4981.36 (5507.36), 4981.361 (5507.361), 5101.11, 5101.14, 5101.141, 5101.142, 5101.144, 5101.145, 5101.146, 5101.1410, 5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211, 5101.212, 5101.213, 5101.214, 5101.22, 5101.24, 5101.241, 5101.242, 5101.243, 5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5101.97, 5103.155, 5104.01, 5104.02, 5104.30, 5104.32, 5104.42, 5107.02, 5107.30, 5107.40, 5107.60, 5111.0113, 5111.02, 5111.025, 5111.03, 5111.06, 5111.08 (5111.071), new 5111.16, 5111.16 (5111.08), 5111.17, 5111.171, 5111.172, 5111.173, 5111.174, 5111.175, 5111.176, 5111.20, 5111.204, 5111.206, 5111.21, 5111.211, 5111.221, 5111.231, 5111.24, 5111.241, new 5111.25, 5111.25 (5111.27), 5111.251, new 5111.252, 5111.252 (5123.199), 5111.253, 5111.254, 5111.255, 5111.256, 5111.257, new 5111.26, 5111.26 (5111.23), 5111.261, 5111.262, new 5111.263, 5111.263 (5111.30), 5111.264, 5111.265, 5111.266, 5111.267, 5111.268, 5111.269, 5111.2610, 5111.28, 5111.29 (5111.31), 5111.30 (5111.224), 5111.31 (5111.222), new 5111.32, 5111.32 (5111.223), 5111.33 (5111.29), 5111.34, 5111.85, 5111.87, 5111.872, 5111.88, 5111.881, 5111.882, 5111.911, 5111.912, 5111.913, 5111.98, 5111.981, 5111.982, 5111.99, 5112.03, 5112.08, 5112.17, 5115.01, 5115.02 (5115.04), 5115.03, 5115.04 (5115.02), 5115.05, 5115.07 (5115.06), 5115.10, 5115.11, 5115.12, new 5115.13, 5115.13 (5115.07), 5115.14, 5115.15 (5115.23), 5115.20, 5115.22, 5119.61, 5123.01, 5123.19, 5123.196, 5123.197, 5123.198, 5123.38, 5126.042, 5126.12, 5153.16, 5153.78, 5501.03, 5502.13, 5519.01, 5705.19, 5709.64, 5735.05, 5735.053, 5735.23, 5735.26, 5735.291, 5735.30, 6109.21, 6301.05, and 6301.07 of the Revised Code as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such sections as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, go into immediate effect when this act becomes law.
Section 146.07. (A)(1) The amendment or enactment by this act of sections 109.71, 122.17, 123.01, 165.09, 319.302, 321.24, 323.13, 323.152, 715.013, 718.01, 718.021, 718.03, 718.031, 718.05, 718.051, 718.111, 718.112, 902.11, 1502.02, 2915.01, 2925.44, 2933.43, 2935.01, 3735.67, 3735.671, 4301.12, 4301.42, 4301.43, 4305.01, 4503.06, 4505.06, 4905.79, 4931.45, 4931.47, 4931.48, 5703.054, 5703.19, 5703.491, 5703.56, 5703.58, 5703.80, 5707.03, 5709.01, 5709.20, 5709.201, 5709.21, 5709.211, 5709.212, 5709.22, 5709.23, 5709.24, 5709.25, 5709.26, 5709.27, 5709.67, 5709.84, 5711.02, 5711.13, 5711.22, 5711.27, 5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5715.27, 5715.39, 5717.011, 5717.02, 5717.03, 5725.01, 5725.14, 5725.25, 5725.26, 5727.01, 5727.06, 5727.111, 5727.15, 5727.24, 5727.25, 5727.26, 5727.27, 5727.28, 5727.30, 5728.04, 5728.99, 5733.01, 5733.04, 5733.042, 5733.044, 5733.05, 5733.051, 5733.056, 5733.057, 5733.059, 5733.06, 5733.065, 5733.066, 5733.069, 5733.09, 5733.33, 5733.39, 5733.40, 5733.45, 5733.55, 5733.56, 5733.57, 5733.98, 5735.14, 5735.15, 5735.19, 5735.99, 5739.01, 5739.011, 5739.02, 5739.03 (in Section 1 of this act), 5739.071, 5739.12 (in Section 1 of this act), 5739.17, 5739.33, 5741.01, 5741.02 (in Section 1 of this act), 5741.25, 5745.01, 5745.02, 5745.04, 5745.042, 5745.044, 5747.01, 5747.02, 5747.022, 5747.025, 5747.05, 5747.057, 5747.08, 5747.09, 5747.30, 5747.98, 5748.01, and 6111.06 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments or enactments, and the items of which they are composed, are not subject to the referendum and, except as otherwise specifically provided in this act, go into immediate effect when this act becomes law.
(2) The repeal and re-enactment by this act of sections 718.11, 718.12, and 5733.052 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeals and re-enactments, and the items of which they are composed, are not subject to the referendum and, except as otherwise specifically provided in this act, go into immediate effect when this act becomes law.
(B)(1) The amendment by this act of the versions of sections 5739.03, 5739.12, and 5741.02 of the Revised Code that are scheduled to take effect July 1, 2003, provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, and the items of which they are composed, are not subject to the referendum and go into effect July 1, 2003.
(2) The amendment by this act of section 5727.38 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendment, and the items of which it is composed, are not subject to the referendum and go into effect July 1, 2003.
(3) The amendment by this act of section 718.02 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendment, and the items of which it is composed, are not subject to the referendum and go into effect January 1, 2004.
(4) The amendment by this act of sections 5727.32 and 5727.33 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, and the items of which they are composed, are not subject to the referendum and, except as otherwise specifically provided in this division, go into effect December 31, 2004. Division (A) of section 5727.33 of the Revised Code, insofar as it regards pipe-line companies, goes into effect when this act becomes law.
Section 146.08. The version of section 3332.04 of the Revised Code that is scheduled to take effect July 1, 2003, as amended by this act, and the items of law of which that section as amended is composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the section as amended by this act, and the items of law of which that section as amended is composed, go into immediate effect on July 1, 2003.
Section 146.09. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 3745.11 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments, and the items of law they contain, go into immediate effect when this act becomes law.
(B)(1) The amendments by this act of division (P) of section 3745.11 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
(2) The seventh and last paragraph added to division (S)(1) of section 3745.11 of the Revised Code by this act is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the paragraph takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the paragraph, or against any item of law it contains, the paragraph or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 146.10. The version of section 4511.75 of the Revised Code that is scheduled to take effect January 1, 2004, as amended by this act, and the items of law of which that section as amended is composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the section as amended by this act, and the items of law of which that section as amended is composed, go into immediate effect on January 1, 2004.
Section 146.11. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 4743.05 of the Revised Code are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendments, or against any item of law they contain, the amendments or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
(B) The amendment by this act adding a reference to "4771." to section 4743.05 of the Revised Code is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendment goes into immediate effect when this act becomes law.
Section 146.12. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5111.022 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments, and the items of law they contain, go into immediate effect when this act becomes law.
(B) The amendments by this act adding divisions (B)(4), (E), and (F) to section 5111.022 of the Revised Code are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendments, or against any item of law they contain, the amendments or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 146.13. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5111.22 of the Revised Code are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendments, or against any item of law they contain, the amendments or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
(B) The amendments to the first, introductory paragraph; the amendment to division (A) referring to "rules adopted under section 5111.02"; the amendment to the introductory clause of division (B); and the amendments to divisions (B)(2) and (7) of section 5111.22 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments, and the items of law they contain, go into immediate effect when this act becomes law.
Section 146.14. Section 5112.31 of the Revised Code, as amended by this act, and the items of law of which that section as amended is composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, that section as amended by this act, and the items of law of which that section as amended is composed, are entitled to go into immediate effect when this act becomes law. However, that section as amended by this act, and the items of law which that section as amended by this act are composed, take effect on July 1, 2003, or the day this act becomes law, whichever is later.
Section 146.15. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 4981.20 (5507.20) of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments, and the items of law they contain, go into immediate effect when this act becomes law.
(B) The amendment by this act to the second and last sentence of the second paragraph of division (A) of section 4981.20 (5507.20) of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendment is not subject to the referendum and goes into immediate effect when this act becomes law.
Section 146.16. * Section 102.02 of the Revised Code, as amended by this act, shall take effect January 1, 2004.
Section 146.17. * Sections 125.05, 183.28, 3301.80, 3301.801, 3314.074, 3317.06, 3317.50, 3317.51, 3319.22, and 3319.235 of the Revised Code, as amended by this act, take effect July 1, 2004.
Section 146.18. * Section 4759.08 of the Revised Code, as amended by this act, shall take effect July 1, 2004.
Section 146.19. * Sections 5103.031, 5103.033, 5103.034, 5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314, 5103.0315, 5103.0316, 5153.60, 5153.69, and 5153.72 of the Revised Code, as amended by this act, shall take effect on January 1, 2004.
Section 146.20. * Sections 5103.154 and 5153.163 of the Revised Code as amended by this act take effect July 1, 2004.
Section 146.21. * Section 5112.31 of the Revised Code, as amended by this act, shall take effect July 1, 2003.
Section 146.22. Except as otherwise specifically provided in this act, the uncodified sections of law amended or enacted in this act, and the items of law of which the uncodified sections of law amended or enacted in this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the uncodified sections of law amended or enacted in this act, and the items of law of which the uncodified sections of law amended or enacted in this act are composed, go into immediate effect when this act becomes law.
Section 146.23. Uncodified sections of law amended or enacted in this act, and items of law contained within the uncodified sections of law amended or enacted in this act, that are marked with an asterisk are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the uncodified sections and items of law marked with an asterisk take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against an uncodified section or item of law marked with an asterisk, the uncodified section or item of law marked with an asterisk, unless rejected at the referendum, takes effect at the earliest time permitted by law.
If the amending and existing repeal clauses commanding the amendment of an uncodified section of law are both marked with asterisks, the uncodified section as amended is deemed also to have been marked with an asterisk.
An asterisk marking an uncodified section or item of law has the form *.
This section defines the meaning and form of, but is not itself to be considered marked with, an asterisk.
Section 146.24. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to Section 27 of Sub. H.B. 670 of the 121st General Assembly are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments go into immediate effect when this act becomes law.
(B) The amendments by this act removing references to the Hazardous Waste Facility Board and to the Reclamation Commission from Section 27 of Sub. H.B. 670 of the 121st General Assembly are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendments, or against any item of law they contain, the amendments or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 146.25. The repeal by this act of the following uncodified sections of law is not subject to the referendum and therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, goes into immediate effect when this act becomes law:
(A) Section 11 of Am. Sub. S.B. 50 of the 121st General Assembly;
(B) Section 129 of Am. Sub. H.B. 283 of the 123rd General Assembly;
(C) Section 63.37 of Am. Sub. H.B. 94 of the 124th General Assembly.
Section 146.26. If the amendment or enactment in this act of a codified or uncodified section of law is subject to the referendum, the corresponding indications in the amending, enacting, or existing repeal clauses commanding the amendment or enactment also are subject to the referendum, along with the amendment or enactment. If the amendment or enactment by this act of a codified or uncodified section of law is not subject to the referendum, the corresponding indications in the amending, enacting, or existing repeal clauses commanding the amendment or enactment also are not subject to the referendum, the same as the amendment or enactment.
Section 147.01. * The amendment of section 122.25 of the Revised Code by this act is not intended to supersede the earlier repeal, with delayed effective date, of that section.
Section 147.02. * Section 921.151 was amended and renumbered as section 921.22 of the Revised Code by Am. Sub. S.B. 217 of the 124th General Assembly, passed November 21, 2002, and effective July 1, 2004. The amendment of section 921.151 of the Revised Code in Section 1 of this act does not supersede that earlier amendment and renumbering. This act
therefore amends both sections to ensure that its amendments continue on and after July 1, 2004.
Section 147.03. The amendment by this act of sections 5112.03 and 5112.08 of the Revised Code is not intended to supersede the earlier repeal, with delayed effective date, of those sections.
Section 147.04. The amendment by this act of section 5112.99 of the Revised Code is not intended to supersede the earlier repeal, with delayed effective date, of that section.
Section 148.01. * Section 109.572 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub.
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.02. Section 109.71 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub. H.B. 545 and H.B. 675 of the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.03. Section 121.04 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 601 and Am. Sub. H.B. 640 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.04. Section 2935.01 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 545 and H.B. 675 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.05. Section 3317.012 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 94 and Am. Sub. S.B. 1 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.06. * Section 4303.181 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 330 and Sub. H.B. 371 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.07. * Section 4973.17 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 566 and Sub. H.B. 670 of the 121st General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.08. Section 5111.20 of the Revised Code is presented
in this act
as a composite of the section as amended by both Sub. H.B. 403 and Sub. H.B. 448 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.09. Section 5115.01 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 283 and H.B. 471 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.10. * Section 5709.62 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.11. * Section 5709.63 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.12. Section 5733.04 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. S.B. 200 and Am. Sub. S.B. 261 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.13. Section 5735.05 of the Revised Code is presented
in this act
as a composite of the section as amended by both
H.B.
612 and Am. Sub. H.B. 640 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.14. Section 5735.23 of the Revised Code is presented
in this act
as a composite of the section as amended by both
H.B.
612 and Am. Sub. H.B. 640 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.15. Section 5739.01 of the Revised Code was
amended by Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B. 200, all of
the 124th General Assembly. Comparison of these amendments
in pursuance of section 1.52 of the Revised Code discloses that
while certain of the amendments of these acts are reconcilable,
certain other of the amendments are substantively irreconcilable.
Am. Sub. H.B. 524 was passed on March 21, 2002;
Am. Sub. S.B. 143 was passed on January 30, 2002; Sub. S.B. 200 was passed on March 13, 2002. Section
5739.01 of the Revised Code is therefore presented in this act
as it results from Am. Sub. H.B. 524 and Sub. S.B. 200 and such of the amendments
of Am. Sub. S.B. 143 as are not in conflict with the amendments
of Sub. S.B. 200. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.16. Section 5741.01 of the Revised Code is
presented in
this act as a composite of the section as amended by
Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B. 200, all
of
the 124th General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 149. If any item of law that constitutes the whole or part of a codified or uncodified section of law contained in this act, or if any application of any item of law that constitutes the whole or part of a codified or uncodified section of law contained in this act, is held invalid, the invalidity does not affect other items of law or applications of items of law that can be given effect without the invalid item of law or application. To this end, the items of law of which the codified and uncodified sections contained in this act are composed, and their applications, are independent and severable.